NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2386
SPONSOR: Weprin TITLE OF BILL: An act to amend the executive law, in relation to
enacting the New York state program for older prisoners act
PURPOSE:
Creates geriatric parole release for inmates over the age of 60.
SUMMARY OF PROVISIONS:
Section 1 provides a title for the act.
Section 2 states the legislative intent of the act.
Section 3 amends subdivision 3 of section 259 of the executive law to
add geriatric parole to the definition of "community supervision."
Section 4 amends subdivision 1 of section 259-c of the executive law to
add the consideration of inmates for geriatric parole to the board of
parole's functions.
Section 5 amends subdivision 1 of section 259-j of the executive law to
make a conforming change to add geriatric parole to those eligible for
discharge from sentence.
Section 6 creates a new section 259-t of the executive law establishing
geriatric parole release consideration after the age of 60.
Section 7 provides for an effective date.
JUSTIFICATION:
After decades of policies creating longer prison sentences, the popu-
lation of elderly prisoners has grown steadily across the country. In a
January 2012 report, Human Rights Watch estimated that the number of
state and federal prisoners over the age of 65 grew 94 times faster than
the total prison population between 2007 and 2010. In New York, even as
the crime rate was declining, the proportion of inmates over the-age of
55 increased three fold from 1995 to 2010, climbing to 7.2 percent of
the prison population, and is projected to quadruple in the next ten
years.
Most states define "older inmates" as inmates above the age of 55.
While a 55-year-old would not be considered elderly in the community,
there is a marked tendency to age more rapidly in prison, due to the
high burden of disease associated with poverty, poor health care as well
as unhealthy life styles during and prior to incarceration. Prison
environments are dangerous, debilitating, stressful and isolating, all
which accelerate the aging process.
It is expensive to incarcerate older people because of increased medical
costs during old age and costs associated with the end of life, like
hospice care and twenty-four hour nursing care assistance. For example,
the cost of a bed at Fishkill Correctional Facility's Unit for the
Cognitively Impaired is $93,000 per year, versus $41,000 per person in
general population. Care for a gravely ill inmate costs the state
approximately $150,000 a year. Older people outside of prison are eligi-
ble for federal Medicare or Medicaid benefits and home health aide, and
may also have help from families and friends. In prison, the state
bears the entire cost of medical care as a prisoner ages. While New York
already has a unit for cognitively impaired prisoners, regional medical
units and hospice care at several facilities, the state does not yet
have a full geriatric unit, with assisted living and nursing home level
care aimed at the frail elderly.
As a group, older prisoners are known to represent a low risk of reci-
divism. Studies consistently show that when older prisoners are released
to parole, their recidivism rates are extremely low compared to younger
parolees. Risk of recidivism plummets after around age 50 and is very
small for most offenders over the age of 65. For example, the most
recent recidivism report released by the Department of Corrections shows
only 2.7 percent of offenders over the age of 65 who were released in
New York were returned to prison within three years for committing a new
felony.
Some older inmates are being held unnecessarily in prison even though
they no longer pose a public safety risk. Many such inmates could be
safely, and more humanely; assigned to community supervision or elec-
tronic home monitoring. This bill provides a mechanism by which such
inmates may be evaluated and released to appropriate supervision in the
community Inmates who are serving sentences for first degree murder, sex
offenses, offenses involving sexual performances by children, acts of
terrorism or any attempt or conspiracy to commit any such offense will
not be eligible for geriatric parole.
LEGISLATIVE HISTORY:
Reported to Codes in 2016, 2015, 2014, and 2013. Ordered to Third Read-
ing in 2012.
FISCAL IMPLICATIONS:
The state will save immediately save up to $150,000 per inmate released,
depending on the inmate's placement in the prison system and in the
community
EFFECTIVE DATE:
Six months after the act shall have become law.
