Fri. Dec 27th, 2024

In a file photo from 2103, Anthony Alvarez, left, then 82, talks to fellow prisoner Frank Fuller at California Men’s Colony prison, where elderly inmates who needed general assistance with mobility and everyday life or who struggled with Alzheimer’s disease and dementia were assisted by healthy prisoner volunteers. Photo by Andrew Burton/Getty Images.

Maryland’s current parole practices often deny release to individuals who are elderly, severely ill and pose no threat to public safety—at immense human and financial cost. In 2019, Donald Brown, a 68-year-old individual incarcerated at Western Correctional Institution, exemplified these devastating consequences.

After sustaining a fall that  caused a fractured hip and brain bleed, he underwent surgery only to face a  diabetes-related foot infection and, ultimately, the amputation of his lower left leg. He then suffered a stroke and dementia so severe he could not recall why he was incarcerated, followed by congestive heart and kidney failure.

Wheelchair-bound and wholly dependent on others, Mr. Brown nevertheless saw his initial petition for medical parole denied. Although the decision was later reversed, he passed away just four days after his release.

His story underscores not only the inhumanity and fiscal inefficiency of Maryland’s current policies but also how these policies stand in stark contrast to evidence-based public safety measures embraced by other states.

Stories like Mr. Brown’s underscore the urgent need for Maryland to reform its outdated parole processes, particularly for individuals who are elderly or gravely ill.

The Maryland Equitable Justice Collaborative (MEJC) — a historic joint initiative led by the Office of the Attorney General and the Maryland Office of the Public Defender to “address racial disparities in the incarceration of African Americans and other marginalized groups in Maryland” — recently adopted a policy recommendation to expand medical and geriatric parole eligibility. The proposed reforms would establish clearer standards for parole, streamline the review process and remove unnecessary political barriers, all while ensuring that critical health evaluations inform the Maryland Parole Commission’s decisions.

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These changes do not create new release mechanisms but refine existing ones, ensuring that decisions are based on objective medical evidence and public safety considerations rather than bureaucratic hurdles.

Key provisions of this legislation would modernize the state’s parole framework to ensure that health and age-related considerations are appropriately weighed. By expanding geriatric parole eligibility to individuals aged 60 or older who have served at least 15 years of a parole-eligible sentence, the bill acknowledges that older adults are significantly less likely to re-offend. Studies show that recidivism rates drop dramatically with age, particularly for individuals over 60. Integrating geriatric parole eligibility with other parole criteria streamlines the process, making it more accessible and efficient.

The legislation also strengthens the medical parole process. Required, comprehensive health evaluations conducted by prison health care providers will give the Maryland Parole Commission objective data for making informed, evidence-based decisions.

Additionally, the bill removes the governor from the medical parole process — an approach already adopted for life-sentence parole decisions — further reducing political barriers and ensuring decisions are driven by medical realities and public safety considerations.

This proposed legislation is also grounded in Maryland’s responsibility to uphold fairness and humanity within its legal system. Black Marylanders make up 71% of individuals who are incarcerated despite being only 30% of the state’s population, a stark imbalance that decades-long prison sentences have helped perpetuate. With evidence shows that older individuals are significantly less likely to re-offend, keeping them behind bars serves little public safety purpose while exacerbating racial inequalities.

Reducing these disproportionate sentences can alleviate the destabilizing effects of over-incarceration on communities of color, interrupting cycles of poverty and restoring opportunities for family reunification.

Continuing to imprison elderly or debilitated individuals who pose little to no risk is not only inhumane but also fiscally irresponsible. Maryland spends significant amounts on correctional health care contracts, yet a recent audit revealed significant shortcomings in the care provided. Releasing individuals who meet strict medical and geriatric parole criteria can reduce these expenditures while maintaining public safety.

Compassionate release is a smarter, more sustainable approach.

Supporting this legislation is not about being “soft on crime.” It is about being smart recognizing that many of those aging in Maryland’s prisons today are not the same people they were when they entered decades ago. This reform reflects the values of redemption, fairness, and humanity.

By adopting these changes, Maryland can lead by example and demonstrate how a state can balance public safety with compassion and fiscal responsibility.

The MEJC’s mission to address over-incarceration and racial disparities demands bold action. Expanding medical and geriatric parole eligibility is critical for a more equitable, just, and humane Maryland. Let us seize this opportunity to build a system that upholds fairness, embraces compassion, and ensures dignity for all.

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