Elderly residents are unlikely to reoffend and more costly to keep jailed, but few are eligible for an existing compassionate release program. (Photo by Andrew Burton/Getty Images)
Criminal justice reform advocates and a state senator have proposed a new program that would allow elderly New Jersey inmates to seek early release on the basis of their advanced age, saying it would fill a gap the state’s compassionate release program left empty.
The proposed geriatric release program would allow inmates aged 60 years or older who have served 20 years in prison to petition a Superior Court judge for early release, and a judge would be required to grant early release absent a finding the inmate is a danger to others or their release does not serve the interests of justice.
“It’s not automatic. A court may consider a number of factors to assure public safety will be protected, and there’s a process that’s provided for prosecutors who are involved in the case, for the victims of crime, and really for the criminal justice system as a general matter to fully evaluate any given inmate,” attorney Larry Lustberg said at a press conference in Trenton.
Those convicted of murder could not lodge a petition for early release until they turn 62 and unless they have been in custody for at least 30 years.
Those released would face five years of parole supervision, though the length of that supervised release could be reduced for good cause or physical incapacity.
Judges would be permitted to consider an inmate’s age — both at the time of the offense and the time of petition — the seriousness of their offense, their behavior in prison, and a statement from the victim or the victim’s family, among other things.
The geriatric release proposal, which is slated to be introduced by Sen. Brian Stack (D-Hudson), is substantially similar to a program proffered by a bill Sen. Raj Mukherji (D-Hudson) introduced in January. That bill has not advanced to a committee vote in either chamber.
The sense that too many old people are being housed in our jails and prisons is one that’s really sweeping the country.
– Attorney Larry Lustberg
Lustberg and former Gov. Jim McGreevey, who is executive director of the New Jersey Reentry Corporation, said the bill has received some bipartisan interest and he hopes it would win broad support from both parties.
Both versions mirror recommendations issued by the New Jersey Criminal Sentencing and Disposition Commission in a March 2023 report that notes individuals over the age of 60 are less likely than others to reoffend after release.
“Old people just don’t recidivate. You won’t be surprised to know that people who are released at the age of 60 and older almost never go back to prison,” Lustberg said.
A 2020 study found only 3% of inmates aged 55 or older nationwide were reincarcerated in the three years following their release, compared to 9% for all ages. Just 1% of elderly inmates initially imprisoned for violent offenses were reincarcerated, the study found, versus 9% for all age groups.
Though New Jersey law already allows inmates who are terminally ill or physically incapable of committing a crime to seek early release, only a small number of individuals qualify for compassionate release, supporters of the bill said.
“Overwhelmingly, the elderly will not meet that burden unless in the throes of a terminal disease with literally months to live,” McGreevey said.
Petitions for release could also turn on costs the state would bear as a result of continued incarceration. The proposal’s supporters hope the higher costs associated with older inmates could convince lawmakers to advance the legislation despite the past failures of similar bills.
A 2014 study commissioned by the Florence V. Burden Foundation found annual incarceration costs for inmates aged 50 and older were roughly twice what they were for younger individuals.
Older inmates are more likely to face medical problems, and those medical problems are more likely to be chronic in nature.
In New Jersey, costs for inmate medical care are typically borne by the facility that houses them — meaning they are paid for by the state — and state law usually prohibits the use of Medicaid funds to pay for their treatment.
New Jersey faces billions of dollars in budget shortfalls in the coming fiscal years, and Gov. Phil Murphy has asked his departments to identify 5% cuts across the board for the fiscal year that begins July 1.
“We’re in a time of fiscal difficulties, and so the imperative to save money will be a compelling one,” Lustberg said. “But leaving that aside, the sense that too many old people are being housed in our jails and prisons is one that’s really sweeping the country.”
The Department of Correction said in 2024 that 8% of state inmates were over the age of 60. That’s about 1,000 people.
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