New Jersey Proposes Geriatric Release Program to Offer Early Freedom for Elderly Inmates

In New Jersey, a plan is being developed to create a program that would allow inmates who are 60 years old or older and who have spent 20 years in prison to ask a Superior Court judge for early release.

If the individual was convicted of murder, they would need to be at least 62 and have served 30 years before they could make the same request.

A judge would be required to grant this early release unless the judge decides the person is a danger to others or that releasing them would go against the interests of justice.

The proposal is similar to earlier bills introduced by Senator Raj Mukherji and is expected to be introduced by Senator Brian Stack.

This idea aligns with recommendations from the New Jersey Criminal Sentencing and Disposition Commission, which has found that inmates older than 60 are unlikely to re-offend compared to younger prisoners.

Studies show that across the country, about 3% of inmates who are 55 or older return to prison within three years of being released, while the rate for all ages is about 9%.

Only around 1% of older inmates who were originally locked up for violent crimes end up back in prison in the same timeframe, compared to 9% for all age groups.

This plan would close a gap in New Jersey’s compassionate release rules, which mostly apply to people who are terminally ill or very disabled, and disqualify many older inmates who do not meet that narrow standard.

If someone does qualify for release under the new idea, they would still have five years of parole supervision, although that could be shortened for good reasons or if a person’s health makes long-term supervision unnecessary.

Judges could consider a person’s age at the time of the crime, behavior in prison, the seriousness of the offense, and any statements from victims or their relatives.

About 8% of the prison population in New Jersey is over 60, which is roughly 1,000 people.

The state faces budget shortfalls, and caring for older inmates can be costly, sometimes about double what is spent on younger inmates.

A study from 2014 found that these higher costs come from more frequent medical problems, which are often chronic.

Housing and caring for each inmate in New Jersey can cost around $74,000 per year, and advocates say the new program could save the state money since released inmates can use Medicare and Medicaid for medical care.

Some supporters see it as a way to show humanity by letting older inmates, who have spent decades behind bars, spend their final years in a less restrictive setting.

Many families say they are ready to take older relatives into their homes.

This proposal includes a process where inmates receive a certificate of eligibility, and a judge is then guided to grant the release unless the person is clearly unsafe or unprepared for an independent life.

The plan also includes suggestions for reentry support, such as finding appropriate housing and ensuring individuals can enroll in health coverage.

Advocates believe it addresses both the state’s financial concerns and the moral question of continuing to confine elderly individuals who are unlikely to commit more crimes.