The Birmingham News
June 12, 2008
 
 
THE ISSUE: A new law will give Alabama's prison commissioner the ability to release some aged or dying prisoners, and that's a good thing.

Continuing to lock up low-risk prisoners who are literally on their death beds doesn't make much sense, unless Alabama taxpayers just want the prison system to keep paying for the inmates' medical care.

Clearly, it serves no good purpose to imprison dying or otherwise incapacitated prisoners who pose no threat to the public. That's why the Legislature passed, and Gov. Bob Riley signed, a law that gives the state's prison commissioner authority to set some of these inmates free.

Prison officials say the law could apply to 125 current inmates and save the prison system as much as $8 million a year in medical costs. The savings alone are a strong selling point for the new law.

Not everyone is sold, of course. Victims' rights advocates argued the law is too broad and leaves too much authority in the hands of one person. But in our view, the law includes safeguards to restrict how the prison commissioner can exercise this new power.

Those who could qualify include inmates with terminal illnesses who are expected to die within a year; inmates who are irreversibly incapacitated and need long-term residential care; and inmates who are older than 55 and suffer from a chronic illness that is either life-threatening or debilitating.

Those convicted of capital murder or sexual offenses aren't eligible under any circumstances. And those who are deemed a danger to themselves or others can't be released. In addition, the law requires that prosecutors and victims be notified and given a chance to object before a furlough is granted.

The protections in the law go both ways, as well. To ensure the prison system doesn't use this law just to dump prisoners with expensive medical conditions, inmates must consent to the release and have a plan for their care upon release, including provisions for payment of their health care expenses. That could be receiving Medicaid or Medicare coverage or having a family member willing to provide the necessary care.

The prison system can set further conditions for medical furloughs and is required to at least keep up with the inmates' medical condition. Inmates whose conditions change or who violate the terms of their release can be brought back to prison. As another check, the law requires the prison commissioner to issue regular reports on medical furloughs to the Legislature.

Do the safeguards serve as an absolute shield against bad outcomes? Of course not. But they do furnish an acceptable level of comfort.

As the prison population continues to age, this law promises to become an even more important tool to keep down unnecessary prison costs. It behooves the prison system to release old or sick inmates whose best days - or worst, depending on your outlook - are behind them.

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