Schaer, Holley & Reynolds-Jackson Bill to Establish

Geriatric Parole Law in NJ Passes Full Assembly

(TRENTON) – To help address an aging state prison population in New Jersey, legislation sponsored by Assembly members Gary Schaer, Jamel Holley, and Verlina Reynolds- Jackson to expand the state’s parole guidelines to include geriatric parole provisions was given Assembly approval on Thursday, 60-12-3.

New Jersey would join 17 other states that have adopted geriatric parole laws if the legislation is signed into law.

“As the State continues to propose new and needed programs, we need to also examine existing ones to see where we can become more efficient,” said Schaer (D-Bergen, Passaic). “With an aging prison population, the amount spent on healthcare for these particular inmates has increased dramatically and is drawing heavily on taxpayer dollars. Enacting geriatric parole could represent somewhere between 3 and 7 million dollars in savings, while there is little to no likelihood that these individuals will commit other crimes.”

Citing the 4% re-incarceration rate for elderly convicts, the bill (A-1254) aims to help New Jersey prison facilities reduce rising costs of care of an aging inmate population by providing parole boards with guidelines for inmates 65 years of age or older who have served a minimum of one-third of their sentence and have not committed violent crimes.

There are currently 72 incarcerated individuals in New Jersey who could potentially qualify for geriatric parole and would be eligible for Medicaid, if released.

“Especially now, during this health crisis, we have to find ways of decreasing the prison population and lessening the chance for the continued spread of COVID-19,” said Holley (D-Union) “In addition, the amount spent on healthcare for older inmates has increased dramatically and is drawing heavily on taxpayer dollars. This is not just a plan for the short term but for the long term to decrease the financial burden of the state’s prisons.”

“The effort to reduce overcrowding in our prisons will have to multi-faceted approach,” said Reynold-Jackson (D-Mercer Hunterdon). “Older inmates are more vulnerable in our prisons due to health concerns that come with aging, and they are especially more vulnerable during the health crisis we are seeing now.”

A 2018 report by The Pew Charitable Trusts found that, in 44 states, the number of incarcerated older individuals increased by 41 percent from fiscal years 2010 to 2015. According to the National Conference of State Legislatures, in 2015, healthcare costs made up approximately 20 percent of prison expenditures totaling roughly $8.1 billion dollars. Although there is no specific data for New Jersey, nationally, the cost to house and care for each incarcerated elderly individual ranges between $66,000 and $100,000 per year.

According to a report from the United States Sentencing Commission, the re-incarceration rate is around 4 percent for those 65 and older.

Under the bill, when reviewing a request for geriatric parole, the parole board panel will assess an inmate’s risk to public safety.  The panel is required to notify the appropriate sentencing court, county prosecutor or Attorney General and any victim or member of the family of a victim who is entitled to notice regarding parole.

Any inmate serving a sentence for committing or attempting to commit the following offenses are not eligible for parole: murder, manslaughter, kidnapping, sexual assault, robbery, second degree arson, endangering the welfare of child, or terrorism. Additionally, inmates are not eligible for geriatric parole if serving a sentence for theft by deception, racketeering, or misapplication of entrusted property by fiduciary in which the inmate caused the victim to suffer a loss of personal monetary savings as a result of fraud, misrepresentation, or violation of a fiduciary duty.

At least 17 states have geriatric parole laws. Sixteen of these have legislatively established both medical and geriatric parole.

The bill now heads to the Senate for further consideration.