States play 'get out of jail free' card

Here's a controversial idea to cut expenses: release more prisoners on medical parole.

That's just what a slew of bills in the California Legislature propose, instigated by prison officials struggling to meet budget holdbacks. The plan includes other measures, such as centralizing the prison pharmacy network, and would save the state of California $400 million a year in medical costs for the most expensive inmates, according to a federal receiver. That's half of the cuts Gov. Schwarzenegger has demanded of state prison officials. The receiver took over California's prison system in 2006 because it was in violation of federal law.

The plan would not release just any ill inmate. The parole boards would determine which prisoners do not pose a threat to public safety and are "medically and physically incapacitated."

If this sounds bizarre, it isn't. Over half the states have similar laws in place. Medical parole is nothing new; it's already in use on a humanitarian basis - including in Idaho - for dying inmates or the seriously ill. What's new is expanding its application to save money for cash-strapped governments in a recession.

Once released, paroled inmates' medical bills are no longer the responsibility of the state prison system. Of course, because even healthy ex-cons have difficulty finding employment, this doesn't mean their medical needs won't be met by public dollars.

So far Idaho hasn't followed California's lead, although its appropriations have been cut along with most other departments. The Commission of Pardons and Parole's annual appropriation is around $2 million ($169 million in 2010 for the entire corrections department before holdbacks, minus at least $3 million for 2011); a bill moving through the Idaho Legislature would cut the commission's 2010 (and 2011) budget by $155,000.

Money aside, while medical parole exists here, it is seldom used. In 2008 - the latest statistics offered on the state Web site - the commission considered 11 medically based applications statewide and granted only six.

The commission's rules limit medical parole in Idaho to "prisoner(s) permanently incapacitated or terminally ill and when the Commission reasonably believes the prisoner no longer poses a threat to the safety of society." There is also some legislative oversight; the commission must make an annual report to the House and Senate judiciary committees.

Parole has been used elsewhere as a tool to address other prison system stresses, such as overcrowding. When a defendant is sentenced to a prison term in court, the length of time before the prisoner is eligible for parole (unless the term specifies "without parole") can be far less, with or without medical reasons. In Idaho a portion of the sentence is "determinate" or fixed by the court; this portion must be fully served. In addition to any fixed portion, minimums apply under the commission's rules. Under these, minimum time served before a parole hearing is possible include nine months for a three-year sentence; 20 months for a seven-year sentence; 36 months for a 16-year sentence; and for a "life" sentence, 60 months.

Time is only the beginning of eligibility. Other factors considered may include nature of the crime, hearing testimony, and behavior while in prison. In any case, not every inmate is considered for parole.

Thanks to Michael Palmer for his help regarding Idaho procedure.

Sholeh Patrick is a local attorney and former state lobbyist. E-mail sholehjo@hotmail.com.