Virginia’s 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.

Virginia Criminal Sentencing Commission

Originally applicable only to no-parole offenders, the 2001 General Assembly expanded this provision to apply to all prison inmates.

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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

State-Responsible Prison Population

Inmates Eligible for Geriatric Release

December 31, 2001 32,946 245

December 31, 2004 35,916 375

December 31, 2007 38,527 500

Virginia Criminal Sentencing Commission

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Inmates Eligible for Geriatric Release by Type

Parole System Inmates*

Truth-in-Sentencing

InmatesTotal

December 31, 2001 231 14 245

December 31, 2004 328 47 375

December 31, 2007 411 89 500

Virginia Criminal Sentencing Commission

* Parole system inmates include offenders who have a combination of parole-eligible felonies and truth-in-sentencing felonies.

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Inmates Eligible for Geriatric Release by Age

Age 60 to 64and

Served at least 10 years

Age 65 or moreand

Served at least 5 years

NumberMedian

Time Served

NumberMedian

Time Served

December 31, 2001 112 19 yrs. 133 12 yrs.

December 31, 2004 184 20 yrs. 191 14 yrs.

December 31, 2007 241 20 yrs. 259 16 yrs.

Virginia Criminal Sentencing Commission

* Median time served is the middle value, where half of the values are higher and half are lower.

* *

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Inmates Eligible for Geriatric Release by Most Serious Offense - December 31, 2007

163

162

55

38

25

20

14

10

7

3

2

1

First-degree murder

Rape/sexual assault

Abduction

Robbery

Assault

Second-degree murder

Drug

Burglary

Larceny/fraud

Manslaughter

Other sex offense

Arson

Virginia Criminal Sentencing Commission

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Inmates Considered for Geriatric Release

Inmates Eligible for Geriatric Release

Inmates Who Applied

Inmates Granted

December 31, 2004 375 39 (10%) 2

December 31, 2007 500 52 (10%) 2

Virginia Criminal Sentencing Commission

Reasons given for denying geriatric release:

Serious nature of crime 95.4%

Risk to community 2.3%

Other type of release 2.3%

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Projected Number of Geriatric-Eligible Inmates,

2008 through 2010

500

635

794

1,003

0

200

400

600

800

1,000

1,200

2007 2008 2009 2010

Virginia Criminal Sentencing Commission

Actual

Projection is based on inmates confined as of December 31, 2007.