1. Virginia’s Geriatric Release Provision

2. 2 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

3. 3 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.

4. 4 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

5. 5 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

6. 6 Inmates Eligible for Geriatric Release State-Responsible Prison Population Inmates Eligible for Geriatric Release December 31, 200132,946245 December 31, 200435,916375 December 31, 200738,527500 Virginia Criminal Sentencing Commission

7. 7 Inmates Eligible for Geriatric Release by Type Parole System Inmates* Truth-in- Sentencing Inmates Total December 31, 200123114245 December 31, 200432847375 December 31, 200741189500 Virginia Criminal Sentencing Commission * Parole system inmates include offenders who have a combination of parole-eligible felonies and truth-in-sentencing felonies.

8. 8 Inmates Eligible for Geriatric Release by Age Age 60 to 64 and Served at least 10 years Age 65 or more and Served at least 5 years Number Median Time Served Number Median Time Served December 31, 200111219 yrs.13312 yrs. December 31, 200418420 yrs.19114 yrs. December 31, 200724120 yrs.25916 yrs. Virginia Criminal Sentencing Commission * Median time served is the middle value, where half of the values are higher and half are lower. * *

9. 9 Inmates Eligible for Geriatric Release by Most Serious Offense - December 31, 2007 Virginia Criminal Sentencing Commission

10. 10 Inmates Considered for Geriatric Release Inmates Eligible for Geriatric Release Inmates Who Applied Inmates Granted December 31, 200437539 (10%)2 December 31, 200750052 (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%

11. 11 Projected Number of Geriatric-Eligible Inmates, 2008 through 2010 Virginia Criminal Sentencing Commission Actual Projection is based on inmates confined as of December 31, 2007.