Virginias Geriatric Release Provision

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Virginias Geriatric Release Provision
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Geriatric Release Provision Truth-in-Sentencing

• The Geriatric Release Provision was adopted as
  part of the truth-in-sentencing reform package
  enacted by the General Assembly during a 1994
  Special Session.
• It is an aspect of the truth-in-sentencing system
  that heretofore the Commission has never
  examined.

Virginia Criminal Sentencing Commission
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Code of Virginia

• 53.1-40.01. Conditional release of geriatric
  prisoners
• Any person serving a sentence imposed upon a
  conviction for a felony offense, other than a
  Class 1 felony, (i) who has reached the age of
  sixty-five or older and who has served at least
  five years of the sentence imposed or (ii) who
  has reached the age of sixty or older and who has
  served at least ten years of the sentence imposed
  may petition the Parole Board for conditional
  release. The Parole Board shall promulgate
  regulations to implement the provisions of this
  section.

Originally applicable only to no-parole
offenders, the 2001 General Assembly expanded
this provision to apply to all prison inmates.
Virginia Criminal Sentencing Commission
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Rationale for Geriatric Release Provision

• With violent offenders targeted for very lengthy
  terms of incapacitation under truth-in-sentencing
  and no discretionary parole release, some
  prisoners may remain incarcerated into old age.
• Research shows that, as offenders age, they are
  less likely to recidivate.
• Exception certain sex offenders
• Some inmates, by virtue of their age and physical
  condition, are unlikely to pose a threat to
  public safety.
• Cost to the Department of Corrections,
  particularly in medical expenses, is
  significantly higher for older inmates.

Virginia Criminal Sentencing Commission
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Parole Board Procedures

• An inmate must apply to the Parole Board to be
  considered for release under the geriatric
  provision.
• Inmates eligible for discretionary parole release
• Once an inmate reaches his parole eligibility
  date, he is considered for parole annually.
• Consideration is automatic.
• If a parole-eligible inmate chooses to apply for
  geriatric release, he loses his discretionary
  parole hearing for that year.
• Geriatric consideration OR parole consideration
  (not both)

Virginia Criminal Sentencing Commission
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Inmates Eligible for Geriatric Release
Virginia Criminal Sentencing Commission
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Inmates Eligible for Geriatric Release by Type
Parole system inmates include offenders who
have a combination of parole-eligible felonies
and truth-in-sentencing felonies.
Virginia Criminal Sentencing Commission
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Inmates Eligible for Geriatric Release by Age


Median time served is the middle value, where
half of the values are higher and half are
lower.
Virginia Criminal Sentencing Commission
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Inmates Eligible for Geriatric Release by Most
Serious Offense - December 31, 2007
Virginia Criminal Sentencing Commission
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Inmates Considered for Geriatric Release
Reasons given for denying geriatric
release Serious nature of crime 95.4 Risk
to community 2.3 Other type of release 2.3
Virginia Criminal Sentencing Commission
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Projected Number of Geriatric-Eligible Inmates,
2008 through 2010
Actual
Projection is based on inmates confined as of
December 31, 2007.
Virginia Criminal Sentencing Commission
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