Medical Parole Bill for Terminally Ill and Elderly Inmates Advances Amid Concerns of Undermining Governor's Authority

Held in committee when it first came before the Senate Committee on Homeland Security, Justice and Public Safety in late June, Bill 35-0045 was up for discussion again on Tuesday, aiming to establish parole considerations for incarcerated persons who are terminally ill or in old age.

“We have a moral imperative,” said Senator Franklin Johnson, sponsor of the measure. “Our justice system is built on principles of fairness and humanity.”

Mr. Johnson argued that while convicted felons should face the consequences of their actions, “they also have the right to die with dignity and humanity – a fundamental principle our territory has always upheld.” Arguing that terminally ill or incapacitated people are not a danger to society, the senator concluded, “By granting medical parole we are not compromising the safety of our citizens but acknowledging the change in circumstances of the incarcerated.”

He also noted that the cost of caring for prisoners with advanced terminal conditions is significant for the Bureau of Corrections, which in one instance reportedly spent a sum north of $350,000 in medical expenses for such an inmate. Mr. Johnson argued that not allowing parole to be considered in these types of cases is resulting in “diverting funds that could otherwise be invested in rehabilitation and education or other programs that serve the public good.” His measure would be one of fiscal responsibility, the senator declared, because it would be “transitioning the individuals to more appropriate care settings potentially covered by financial mechanisms like Medicaid.”

BOC Director Winnie Testamark, who according to committee Chair Senator Kenneth Gittens was present voluntarily despite being subpoenaed to appear, informed lawmakers that even having reached the age of 65, incarcerated people do not qualify for support services like Medicaid unless they have been hospitalized for at least 24 hours. After discharge from hospital, they lose those benefits when they return to jail.