By The Justice Policy Institute

In January 2019, the District of Columbia government enlisted the Justice Policy Institute to explore the feasibility of restoring local control of parole and make recommendations for how release decision-making can be transferred from the federal government to the DC government. Transferring supervision responsibilities and parole decision-making from the federal government back to the District is an ambitious, complicated undertaking. Fortunately, local leadership can draw on a wealth of data, evidence, and experience from other jurisdictions as they evaluate how best to move forward. This new report highlights the best available research and practice in the parole field, provides 22 recommendations for parole decision-making and supervision, and outlines three options for restoring local control of release decision-making. JPI undertook a series of activities to produce this report. These included:

• Interviewing District and federal officials to understand how the current system functions and how best to build upon its strengths.

• Speaking with attorneys who handle parole applications to the United States Parole Commission.

• Attending community speak-out events and local criminal justice coalition meetings to solicit input from a wide range of community and system stakeholders, including currently and formerly incarcerated people with experience in the District’s parole system.

• Consulting with experts from multiple organizations that provide technical assistance to help states improve their parole practice, including attending the 2019 Association of Paroling Authorities International Chairs Meeting and Annual Training Conference in Baltimore, Maryland.

• Examining a broad array of research in academic peer-reviewed journals, technical white papers, and state agency reports.

The recommendations outlined in this report should guide the development and staffing of a new parole board, the criteria for release decision-making, and how individuals are supervised in the community. If the District follows this plan, we believe it has the opportunity to serve as a model jurisdiction for other states. We also hope the report can be useful for jurisdictions currently considering reforms to their parole systems.

 Washington, DC: Justice Policy Institute, 2019. 97p.

By The Justice Policy Institute

Most states have established release mechanisms for the aging population and those in prison who are battling a terminal illness, often referred to as compassionate release. Compassionate release policies typically permit individuals in prison to petition for early release after having served a pre-determined number of years for either health (medical parole) or advanced age (geriatric parole). However, the laws frequently have restrictive eligibility requirements and are applied sparingly, often when an individual is expected to survive only a matter of days or weeks. While Maryland has both medical and geriatric parole options, approval is fleeting. Data are limited but provide a glimpse into their restricted use. Between 2015 and 2020, the Maryland Parole Commission approved 86 medical parole applications and denied 253. Further, the Governor granted nine medical parole requests from individuals serving life sentences and rejected 14 requests. Most notably, the lowest yearly approval rating occurred during the height of the pandemic in 2020 at seven percent. The Justice Reinvestment Act of 2016 expanded geriatric parole eligibility by lowering the age threshold from 65 to 60 years old. However, petitions are rarely approved. Currently, there are about 650 individuals over the age of 60 in Maryland’s prison system who have served at least 15 years. These individuals are eligible to be evaluated for release. But, like in most states, Maryland seldom relies on these compassionate release policies to release the elderly and infirm from prison, despite posing a minimal risk to public safety and a significant cost burden on the state budget. Without substantial reforms to compassionate release in Maryland, the aging population will continue to grow, and the onus will be on the Department of Public Safety and Correctional Services (DPSCS) to provide the adequate care.

Washington, DC: Justice Policy Institute, 2022. 14p.