By Dirk Greineder
Massachusetts Prisoners are the most aged (1) and, even after the Mattis decision, have the highest percentage of Life Without Parole (LWOP) prisoners in the U. S. (3): Thé MA 2018 medical parole law was enacted to allow the DOC Commissioner to release terminally ill (life expectancy <18 months) and permanently incapacitated prisoners on parole when they are “so debilitated that the prisoner does not pose a public safety risk” (4). Because the DOC applies this clause very restrictively (5), hopes for humanitarian and financial benefits of the law have been limited. Releases are denied until prisoners are near death or nursing home placement.
Of 54 total releases 2018-2023, 33 (61%) died and 21 (39%) are on parole. There was no data available on which releases were for terminal illness or incapacitation.
- 10 (30%) died within 3 months of release
- 23 (70%) died between 4-40 months of released
- 21 are on parole in the community
- None have committed a new crime since release.
Costs were calculated at each year’s average annual rate (6) but savings are much greater because older, infirm prisoners typically cost 2-5 times the average (7). Real savings are likely well over $25 million. Additionally, those who died incurred end of life expenses after release, sparing costs at the prisoner hospital which exceed $500,000/prisoner/year (8) or expensive terminal care at academic hospitals. For the living, savings appear to accrue rapidly. When reviewed last year, cumulative savings for the 47 LWOP medical parolees were $4,247,000 (9).
Consensus evidence shows that prisoners over 55 years old and those guilty of murder, have the lowest rates of recidivism (10). Liberalizing compassionate release for older LWOP prisoners, will not decrease public safety, (11) but can greatly reduce costs. If enacted, currently propose legislation, would greatly benefit, compassionate, humanitarian, and financial outcomes.
Add notes, references, and a table, listing the status of or death date for all 54 LWOP medical parolees are available at Greineder, “Medical Parolees for MA-DOC First-Degree Murderers, 2018-2024” at www.realcostofprisons.org/writing
