Extraordinary and compelling: The use of compassionate release laws in the United States.

Abstract

As the United States’ prison population has increased in size and aged, the number of older inmates in deteriorating health has grown markedly. In 1984, federal compassionate release laws were established, allowing for the release of inmates given “extraordinary and compelling circumstances” not present at sentencing. Many states established similar laws. Despite possible financial and ethical benefits of compassionate release, few inmates have been released under these laws. This research explored why. In Study 1, to assess the scope of this legislation, we provided a compendium of relevant laws, including information on jurisdictions with such laws, criteria for release outlined in each law, and exceptions that may preclude release. Results demonstrated that as of 2016, 46 jurisdictions had a compassionate release law in place. The most frequently cited criterion for release was having a chronic illness. In Study 2, to assess the possibility that public sentiment presents obstacles to using these statutes, we probed members of the public and prison wardens on perceptions of the laws, including factors (i.e., criminal history and offense type) associated with willingness to recommend release of a chronically ill inmate. Both community members and wardens were generally supportive of compassionate release, especially for nonviolent inmates and those with no criminal history. To explain why these statutes are underutilized, we comment on the complexity and diversity of mechanisms involved in correctional bureaucracies and propose a cost-benefit framework in which the risk of reoffending and loss of retributive opportunity outweigh pragmatic benefits of release on compassionate grounds.

Salient target populations and the subcategorization of deviants in the release of inmates during the COVID-19 pandemic

“…Prior to the COVID-19 pandemic, federal prisons, most state prisons, and a significant number of local jails in the U.S. had "compassionate release" programs focused exclusively on the early release of certain target groups; mainly the elderly and/or infirmed. Since the establishment of these laws in 1984, few inmates have been released under "compassionate release" policies (Wylie, Knutson, & Greene, 2018). 3.…”

Sick and Shut In: Incarceration During a Public Health Crisis

“…The Sentencing Reform Act of 1984 (U.S. Department of Justice, Office of the Inspector General, Evaluation and Inspections Division, 2013) allowed for compassionate release , early release from prison, on the basis of “extraordinary and compelling circumstances” (Wylie et al, 2018, p. 216). Compassionate release is typically granted for those with serious or terminal illness, severe cognitive impairment, or functional disability making them too impaired to pose a threat to the public (Berry, 2009).…”

“…Compassionate release is typically granted for those with serious or terminal illness, severe cognitive impairment, or functional disability making them too impaired to pose a threat to the public (Berry, 2009). In Wylie et al’s (2018) study of compassionate release laws, approximately two thirds of jurisdictions, had compassionate release criteria on the basis of chronic or terminal illness, and half of jurisdictions cited advancing age and mental health/illness as rationale for release. Furthermore, one third of statutes reviewed had a provision to release someone if their care was excessive or if they could receive adequate care outside of the facility.…”

Retiring in a Prison Cell: The South African Sentenced Older Adult Male Offender

“…Internationally, there is a steady rise in the older adult inmate population, also known as the "greying" offender population (Augustyn et al, 2020). Furthermore, older inmates are regarded as the fastest-growing prison 1 University of Pretoria, Pretoria, South Africa cohort (Fitton et al, 2018;Stoliker & Galli, 2019;Stoliker & Varanese 2017;Wylie et al, 2018). It is estimated that by the year 2030, more than one-third of the global prison population will consist of inmates who are older than 50 years of age (Stoliker & Galli, 2019).…”