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Rodney Holcombe is the New York State Director for Criminal Justice Reform at FWD.us, a U.S.-based organization that advances both criminal justice and immigration reform. FWD.us is working to address the New York prison system’s ballooning aging population and fix the state's ineffective parole system. Holcombe explains the aging crisis and why parole reform could reduce racial disparities in parole outcomes, and save the state millions of dollars annually.
Over the past several decades, there has been a significant increase in the aging population in New York’s prisons. The uptick did not happen by accident or overnight. The tough on crime era in the 1980s and 90s in the United States, which was driven in large part by racism and fear-mongering, ushered in lengthier prison sentences across the nation and in New York, with fewer, if any, opportunities for release, and meant that billions more dollars would be spent on policing and incarceration. Currently, the share of people over the age of 55 in the state’s prisons has climbed to 15%, or roughly 4,900 people. Unless we want our prisons to continue to be geriatric care facilities, state leaders must implement meaningful policy changes to address this crisis.
Lengthy prison terms and limited release opportunities come at an extremely high cost, fiscal and otherwise, for older people. To start, prisons are inadequate environments for health care access, and people inside them are more likely to suffer from chronic health conditions (e.g., heart disease, hypertension, etc.) than their counterparts who are not incarcerated. Research repeatedly demonstrates that a person in prison generally has the health of someone 10 years their senior (i.e., a person who is 55 in prison has the health profile of a person who is 65 outside). This is fuelled in large part by untreated substance use disorders, insufficient preventive care, and of course the stress associated with being in prison. Moreover, the typical design of prisons makes it incredibly difficult for a person who is older or requires a wheelchair or other mobility device to safely navigate the facility. The fiscal cost is similarly alarming. In New York, the cost of incarcerating an older person is two to four times as high as incarcerating a younger person ($60K vs. $120K-$240K USD). This doesn’t begin to address the impact that prolonged separation has on families and communities, many of which are forced to live without the support of a loved one for decades or indefinitely.
Expanding parole eligibility and making release opportunities fairer in New York could begin solving the aging crisis, while also advancing public health and safety.
Denying hope of a second chance
While 64% of New Yorkers in prison have received a determinate sentence (a set number, e.g., 5 years) or life without parole, roughly 36% are serving indeterminate sentences, meaning they are sentenced to a range rather than a specific term (e.g., 5-10 years or 15 years-life). People reaching the minimum of their indeterminate sentence (the lower end of their sentence range) are eligible to go before the Parole Board (which is currently understaffed) for a hearing that takes incarcerated people months to prepare for but that only lasts about 15 minutes. This Board was established to determine a person’s readiness for release to community supervision, but parole commissioners repeatedly base their decision on a person’s crime of conviction, the one factor that cannot be changed. This is at odds with the intent of indeterminate sentences, which are supposed to prioritize release, not resentencing. The parole release rate actually declined to 48% in 2020, and when race is evaluated, Black and Latino people are far more likely to be denied parole than their white counterparts.
At best, many people are released only after going before the Board 9-10 times, which can mean they are inside for 18-20 years beyond their minimum sentence (people go before the Board every two years after reaching their minimum sentence). At worst, they die before a parole hearing can even be scheduled, or after going before the Board numerous times only to be repeatedly denied. Valerie Gaiter served four decades in prison before her death, and never made it to the Parole Board for her first hearing. Salih Abdullah died of a heart attack while walking to the restroom during his 14th parole hearing. John MacKenzie died by suicide after being denied parole release for the 10th time.
If the United States purports to uphold the value of redemption and second chances, then we must begin developing pathways to make them a reality. This means creating real and meaningful opportunities for release for people in prison and implementing long-term solutions that reduce our reliance on carceral settings moving forward.
Towards a fairer, less racist parole system
During the 2021 legislative session, the New York State legislature is considering two bills that could begin addressing the aging crisis in its prisons. Elder Parole would vastly expand parole opportunities for older New Yorkers by giving anyone who is 55 and over and has served 15 years of their sentence a chance at parole. This would immediately make 1,000 older people eligible for parole, and hundreds more in years to follow. It is vital that this bill be passed in conjunction with the Fair & Timely Parole Act, which would create a fairer parole release process that does not focus solely on a person’s past conviction. Together, these bills would begin solving the aging crisis in the state’s prisons, reduce racial disparities in parole decisions, save $522M (USD) annually that could be used to address root causes of crime, and reunite families.
Once these bills pass, lawmakers should turn their attention to the extraordinarily lengthy sentences doled out in the state, and begin the work of reducing prison terms retroactively and prospectively. We must advance other reforms to begin addressing the nation’s deeply-rooted racial and economic inequities – both of which exacerbate the incarceration problem. It is also crucial that we begin acknowledging that efforts to offer “second chances” are often the only real chance a person ever received. Providing the resources we know increase safety and reduce incarceration, like education, healthcare, and employment, would reduce the need for second chances. These reforms will begin undoing New York’s troublingly punitive carceral system, and begin giving incarcerated people, particularly elders, a pathway home.
Update
The Fair & Timely Parole and Elder Parole bills did not pass in the 2021 session, despite parole reform being identified as a top legislative issue. The bills garnered the support of a robust coalition of more than 300 political, labor, racial justice, faith, and victim and survivor organizations that will continue calling on lawmakers to pass these reforms as soon as possible.