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Access and utilization of compassionate release in state departments of corrections

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ABSTRACT Compassionate release (CR) is touted as an ethical and cost-effective mechanism for releasing older adults or individuals with life-limiting illness from prison and reducing prison overcrowding. However, little is… Click to show full abstract

ABSTRACT Compassionate release (CR) is touted as an ethical and cost-effective mechanism for releasing older adults or individuals with life-limiting illness from prison and reducing prison overcrowding. However, little is known regarding the monitoring practices and the numbers of persons eligible, applying for, and being released under CR policies. The current study sought to describe CR monitoring practices, and access and use of CR for each U.S. state between 2013 and 2015 using data obtained via public records requests. Roughly 80% of responding states monitored the number of persons released under CR policies (n = 39), though only 65% of responding states captured records of those who applied for release (n = 32). Fewer monitored CR eligibility (35% n = 17). Between 2013 and 2015, 5,932 persons were eligible for CR. However, less than half of these persons applied for CR during the study period (46.4%; n = 2,751), and less than 30% of those who applied were discharged under CR during the study period (n = 802). The importance of monitoring and reporting numbers of persons eligible, applying, and released under CR policies is discussed.

Keywords: state; compassionate release; access; persons eligible; release

Journal Title: Mortality
Year Published: 2020

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