Second Chances Resource Library

This provision, which addresses sentencing of people who were under age 18 at the time of the crime, is part of the “Proposed Final Draft of Model Penal Code: Sentencing,” which was approved at the 2017 Annual Meeting. For people who were minors at the time of the crime, the MPC recommends consideration for sentence modification after 10 years, or earlier if recommended by the sentencing court.

Correctional facilities throughout the United States are home to a growing number of older adults with extensive, costly medical needs. This report examines statutes related to the early release of geriatric inmates in 15 states and the District of Columbia and concludes that these provisions are rarely used, despite the potential of reduced costs at minimal risk to public safety. The author identifies factors that help explain the discrepancy and provides recommendations for addressing it.

Alabama has one of the most draconian habitual offender laws in the country. The law has led to multiple generations and hundreds of individuals being incarcerated for life without the possibility of parole in Alabama’s prisons, and has contributed to Alabama’s prisons being declared unconstitutionally violent, dangerous, and overcrowded by the United States Department of Justice. This report sets forth the case for a legislative reform of Alabama’s Habitual Felony Offender law by sharing stories of older incarcerated men who will die in prison without reform. Many have impeccable institutional records and are warehoused in prison honor dorms. It compares Alabama’s statute to other Southern states and shows how this harsh, unnecessary law is not only inhumane, but it is a poor use of government resources in a perpetually financially strapped state.

Everywhere and Nowhere: Compassionate Release in the States makes the case for robust use of early release programs at the state level when continued incarceration of aging, ill, or dying individuals is inhumane and unnecessary. It is based on FAMM’s in-depth survey of compassionate release programs in the 50 states and the District of Columbia. It discusses barriers to compassionate release and best practices employed by states and makes a set of recommendations for reform.

Wyoming provides compassionate release to eligible incarcerated individuals who have serious medical conditions or terminal illnesses or who are older and have deteriorating health through Medical Parole. This memo summarizes the regulations and requirements of this program, including the categories of release, eligibility criteria, the decision-making process, post-decision topics, and reporting.

Wisconsin provides compassionate release to incarcerated individuals who are older or who have serious medical conditions through (1) Sentence Modification Due to Extraordinary Health Condition or Age and (2) Parole Due to Extraordinary Circumstances. This memo summarizes the regulations and requirements of these programs, including the categories of release, eligibility criteria, the decision-making process, post-decision topics, and reporting.

West Virginia provides compassionate release to eligible incarcerated individuals with terminal illnesses and serious medical conditions through Executive Clemency and Medical Respite. This memo summarizes the regulations and requirements of these programs, including the categories of release, eligibility criteria, the decision-making process, post-decision topics, and reporting.

Washington State provides compassionate release to eligible incarcerated individuals with serious medical conditions or terminal illnesses under its Extraordinary Medical Placement program. In addition, the Governor has the authority to grant Extraordinary Release to incarcerated individuals with serious health problems. This memo summarizes the regulations and requirements of these programs, including the categories of release, eligibility criteria, the decision-making process, post-decision topics, and reporting

Virginia provides compassionate release to eligible incarcerated individuals who are terminally ill through Conditional Release Based on Terminal Illness and Executive Medical Clemency, and to eligible individuals who are age 60 or older through Geriatric Conditional Release. This memo summarizes the regulations and requirements of these programs, including the categories of release, eligibility criteria, the decision-making process, post-decision topics, and reporting.

Vermont provides compassionate release to eligible incarcerated individuals with serious or terminal medical conditions through Medical Parole and Medical Furlough. This memo summarizes the regulations and requirements of these programs, including the categories of release, eligibility criteria, the decision-making process, post-decision topics, and reporting.