Too Many Elderly Prisoners Are Languishing In NJ Jails, Advocates Say

NEW JERSEY — It’s time to give elderly prisoners a better pathway out of jail in New Jersey, advocates say.

Earlier this week, the New Jersey Reentry Corporation (NJRC) held a news conference in Trenton with Sen. Brian Stack (NJ-33) to support a proposed state law for “geriatric” prison inmates.

If it becomes law, the bill would allow inmates who are at least 60 years old and have served a sentence of at least 20 years to petition for an early release. Although it’s not automatic, the proposed law would require judges to grant their request – as long as they are not found to be a danger to society.

The requirements get stiffer for homicide convicts. If an inmate was found guilty of murder, they must be at least 62-years-old and have served a sentence of at least 30 years.

“This proposal provides a cost-effective, safe, and just solution for the Department of Corrections and New Jersey,” NJRC executive director and former governor Jim McGreevey said.

New Jersey presently has no geriatric release policy. Although inmates can petition for compassionate release, the burden on petitions is exceptionally high, requiring inmates to show “clear and convincing evidence” that the petitions suffer from a terminal condition or disease as to be permanently physically incapable of committing a crime.

The vast majority of elderly inmates are unable to meet this burden, the NJRC said.

Elderly adults are a rapidly growing cohort of the nation’s prison population. According to the U.S. Bureau of Justice Statistics, between 1999 and 2007, the number of people 55 or older in state and federal prisons grew 76.9 percent (from 43,300 to 76,600), and those ages 45 to 54 rose 67.5 percent.

Currently, there are 989 people over the age of 60 who are incarcerated in New Jersey state prisons – about 7.5 percent of its total prison population, attorney and NJRC board member Larry Lustberg said.

It’s worth noting that as inmates get older, the cost of housing them – and meeting their medical expenses – also increases. Releasing them could save taxpayers millions of dollars, advocates argued.

What about inmates who are released – but then commit new crimes? It’s something that doesn’t happen very often, advocates said.

According to figures presented at this week’s news conference, only about 1 to 3 percent of people above age 60 will eventually end up behind bars again, which contradicts other studies that suggest a higher number.

“The Geriatric Release Report is a vital step in ensuring that our justice system recognizes the unique needs of older individuals,” said Stack, who is expected to officially introduce the bill in the coming days.

“By facilitating their re-entry into society, we not only promote rehabilitation but also enhance public safety and compassion in our communities,” the lawmakers said.

Other proposed state laws that would allow for the early release of elderly prisoners have been introduced over the past few years, but none of them have crossed the finish line.

• See Related: NJ Governor Pardons Dozens Of Ex-Inmates: ‘Redemption Is Achievable’

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