Schaer, Reynolds-Jackson Bill to Establish Compassionate Release Program for Medically Vulnerable Prisoners Clears Full Assembly

(TRENTON) – Legislation establishing a compassionate release program for incarcerated individuals who are terminally ill or physically incapacitated cleared the full Assembly Thursday, 68-2-4.

The bill sponsored by Assemblyman Gary Schaer (D-Bergen) and Verlina Reynolds-Jackson (D-Mercer, Hunterdon) expands upon New Jersey’s existing parole system. In the last five years only five inmates have been released through medical parole, this legislation will allow New Jersey to more effectively extend parole to those with severe medical conditions.

Under current law, an inmate is eligible for medical parole when diagnosed by two DOC physicians with either a “terminal condition, disease, or syndrome,” where the inmate has six months or less to live, or (2) “permanent physical incapacity,” defined as a permanently inability to perform activities of basic daily living, resulting in 24-hour care, and did not exist at the time of sentencing.

The bill (A-2370) would establish compassionate release for certain inmates and repeals the current medical parole law.  

a court may release an inmate who qualifies for compassionate release at any time if the inmate is found to be suffering from:

          1)  a grave medical condition;

          2) a terminal condition, disease or syndrome; or

          3) a permanent physical incapacity.

The Department of Corrections (DOC) would establish a process for an inmate to obtain a diagnosis from two licensed physicians to determine whether he or she is eligible for compassionate release.

Sponsors Schaer and Reynolds-Jackson issued the following joint statement on the bill:

“Under our current medical parole system, very few of our gravely ill inmates meet the strict eligibility requirements. Our justice system is more than crime and punishment, it seeks to balance penalty with rehabilitation. By expanding upon what already exists we can show true compassion to those with profound medical needs and those suffering terminal illness.

“The financial realities of providing extensive medical care has burdened our already overcrowded prison system.  Creating clear guidelines with this compassionate release program will allow us to reduce capacity, and alleviate financial strains while getting medically vulnerable residents the care they need outside of prison.

“Our treatment of those within our prisons is a reflection of our humanity. As we work to reduce the spread of COVID-19 we bear responsibility for protecting the vulnerable within our prison system. Ensuring the ongoing safety of our communities must include steps to preserve those who are incarcerated. Every life is valuable and is worth defending. ”