Elderly Inmate Release Act

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The Elderly Inmate Release Act
(18:18 min, 21.98 MB)
The Growing Crisis
Florida prisons face an aging population crisis with 25% of inmates now aged 50+. This results from:
- Abolishment of parole (1995 for capital crimes, 1983 for all others)
- Mandatory minimum sentences
- Accelerated aging in prison
Critical Challenges
Healthcare Burden
Elderly inmates experience health conditions equivalent to people 10-15 years older outside prison. Chronic diseases are prevalent, requiring specialized care.
Skyrocketing Costs
- Annual cost per elderly inmate: $70,000+
- Healthcare costs 4x higher than younger inmates ($11,200 vs $2,800)
- Medication costs 14x higher
Recidivism Reality
Elderly inmates have dramatically lower recidivism rates yet minimal access to rehabilitation programs.
The Solution: Elderly Inmate Release Act
This proposed legislation offers a humane, cost-effective approach:
Key Provisions
- Eligibility: Inmates ≥50 years old who've served ≥10 years with ≥10 years remaining
- Judicial Review: Courts evaluate evidence of rehabilitation and public safety risk
- Release Process: Mandatory release within 18 months if approved
- Probation: Minimum 3 years supervision
- Retroactive: Applies to existing sentences
Why This Works
- Cost Savings: Reduces $70k+/year incarceration costs
- Humane Treatment: Recognizes diminished risk with aging
- Successful Reentry: Probation provides transition support
- Judicial Oversight: Maintains public safety evaluations
Ethical Imperative
Continuing to incarcerate elderly inmates with complex medical needs raises serious questions about:
- Proportional punishment for aging individuals
- Taxpayer burden for low-risk populations
- Dignity in end-of-life care
Conclusion
The Elderly Inmate Release Act represents smart justice reform that would:
- Save millions in taxpayer dollars
- Provide humane treatment for aging inmates
- Maintain public safety through judicial oversight
- Align with national trends in geriatric release
Take Action
Support this commonsense reform:
Full text of the bill
HB-0000, SB-000
A bill to be entitled
The Elderly Inmate Release Act, creating s. 921. 1403, F.S.; providing for its retroactive application; providing an effective date.
Be it enacted by the legislature of the State of Florida:
Section 1. Section 921,1403, Florida Statutes, is created to read:
Section 921. 1403. Elderly Inmate Release Act.
(1) For purposes of this section, the term "elderly inmate" means a person sentenced to imprisonment in the custody of the Department of Corrections who is at least 50 years old.
(2)(a) A elderly inmate sentenced under s. 775.082(1) is entitled to a review of his or her sentence after 25 years. All other inmates are entitled to a review of his or her sentence after 10 years if he or she has at least 10 more years to serve in prison or on probation. However, a elderly inmate is not entitled to review if he or she has previously been convicted of one of the following offenses, or conspiracy to commit one of the following offenses, if the offense for which the person was previously convicted was part of a separate criminal transaction or episode than that which resulted in the sentence under s. 775.082(1):
Murder;
Manslaughter;
Sexual battery;
Armed burglary;
Armed robbery;
Armed carjacking;
Home-invasion robbery;
Human trafficking for commercial sexual activity with a child under 18 years of age;
False imprisonment under s. 787.02(3)(a); or
Kidnapping.
(3) The Department of Corrections shall notify a elderly inmate of his or her eligibility to request a sentence review hearing 18 months before the elderly inmate is entitled to a sentence review hearing under this section.
(4) A elderly inmate seeking sentence review pursuant to subsection (2) must submit an application to the court of original jurisdiction requesting that a sentence review hearing be held. The elderly inmate must submit a new application to the court of original jurisdiction to request subsequent sentence review hearings pursuant to paragraph (2)(d). The sentencing court shall retain original jurisdiction for the duration of the sentence for this purpose.
(5) A elderly inmate who is eligible for a sentence review hearing under this section is entitled to be represented by counsel, and the court shall appoint a public defender to represent the elderly inmate if the elderly inmate cannot afford an attorney.
(6) Upon receiving an application from an eligible elderly inmate, the court of original sentencing jurisdiction shall hold a sentence review hearing to determine whether the elderly inmate's sentence should be modified. When determining if it is appropriate to modify the elderly inmate's sentence, the court shall consider any factor it deems appropriate, including all of the following:
(a) Whether the elderly inmate demonstrates rehabilitation.
(b) Whether the elderly inmate remains at the same level of risk to society as he or she did at the time of the initial sentencing.
(c) The opinion of the victim or the victim's next of kin. The absence of the victim or the victim's next of kin from the sentence review hearing may not be a factor in the determination of the court under this section. The court shall permit the victim or victim's next of kin to be heard, in person, in writing, or by electronic means. If the victim or the victim's next of kin chooses not to participate in the hearing, the court may consider previous statements made by the victim or the victim's next of kin during the trial, initial sentencing phase, or subsequent sentencing review hearings.
(e) Whether the elderly inmate has shown sincere and sustained remorse for the criminal offense.
(f) Whether the elderly inmate's age, maturity, and psychological development at the time of the offense affected his or her behavior.
(g) Whether the elderly inmate has successfully obtained a high school equivalency diploma or completed another educational, technical, work, vocational, or self-rehabilitation program, if such a program is available.
(h) The results of any mental health assessment, risk assessment, or evaluation of the elderly inmate as to rehabilitation.
(i) Whether the elderly inmate has a satisfactory release plan.
(7) If the court determines at a sentence review hearing that the elderly inmate has been rehabilitated and is reasonably believed to be fit to reenter society, the court shall modify the sentence and impose a term of probation of at least 5 years. If the court determines that the elderly inmate has not demonstrated rehabilitation or is not fit to reenter society, the court shall issue a written order stating the reasons why the sentence is not being modified.
(8) If the court denies the motion for modification of sentence, no appeal is permitted, but the offender may move the court again every 5 years thereafter.
(9) This section shall apply retroactively.
Section 2. This act shall take effect July 1, 2026
Frequently Asked Questions
Q. Why not simply reinstate parole?
A. Simply stated, parole in Florida is broken. When the U. S. Supreme Court ordered Florida to give juvenile offenders a meaningful opportunity for release if they haven't killed anyone in 2010, the legislature rejected parole as a means of compliance because they recognized that parole in Florida does not provide a meaningful opportunity for release. Instead, they provided for judicial review. That is the model for our proposed statute.
The parole commission boasts about the 02.5% 3-year recidivism rate as proof of parole's effectiveness. However, no one goes back to prison because no one gets out. There are approximately 3,800 parole-eligible people sentenced under earlier laws in Florida prisons (2025). FCOR, the parole commission, typically releases 20-30 people a year. All have served AT LEAST 30 years. That means after serving 30 years the average person has an average probably of about 01.5% of being released on parole. It's a pipe dream.
Q. Why is the elderly inmate population in Florida prisons growing so rapidly?
A. The exponential increase in elderly inmates in Florida is primarily due to the elimination of parole in 1983, which effectively turned life sentences into sentences until death. This, coupled with lengthy mandatory minimum sentences and the general aging of the population, means inmates are staying incarcerated much longer, aging within the system. People in their 50s in prison often experience chronic health conditions typically seen in people in their 70s outside of prison.
Q. What specific challenges does the Florida Department of Corrections (FDC) face when caring for elderly inmates?
A. The FDC faces a myriad of challenges, including complex medical needs such as heart disease, diabetes, arthritis, and respiratory issues. Elderly inmates also experience increased rates of mental health problems, such as depression, anxiety and dementia, along with cognitive and sensory impairments that hinder their ability to manage daily life within the prison environment. Functional limitations due to reduced mobility and physical frailty also require special accommodations. The cost of healthcare for elderly inmates is also significantly higher than for younger inmates.
Q. What is the "Elderly Inmate Release Act" and how does it propose to address these challenges?
A. The Elderly Inmate Release Act (HB-0000, SB-000) is a proposed piece of legislation that would allow inmates who are at least 50 years old, have served at least 10 years of their sentence, and have at least 10 more years to serve to petition the court for a sentence modification. If they can demonstrate rehabilitation and no threat to society, the court can hold a hearing to consider their release, with a mandatory term of at least three years of probation. This act also applies retroactively.
Q. What kind of facility modifications and services has the FDC implemented to accommodate elderly inmates?
A. The FDC has implemented several strategies, including geriatric care units, which provide enhanced care with specialized staff. They also provide routine and specialized medical services and mental health support, and offer rehabilitation programs tailored to the needs of elderly inmates. Facility modifications include handrails, ramps, modified showers, lower bunk assignments, wheelchair access, and dedicated units near medical facilities. The FDC also provides training to its staff on topics such as geriatric care, dementia care, and palliative care.
Q. Why are elderly inmates more costly to care for than younger inmates?
A. Elderly inmates are more expensive due to their greater need for medical care. They often have multiple chronic health conditions requiring more frequent interventions, specialized equipment, higher medication needs, and more staff hours. For example, the average healthcare cost per elderly inmate is about four times higher than that of an inmate under 50. The costs for medications and other associated costs are significantly greater too.
Q. What are the arguments in favor of releasing elderly inmates from prison?
A. Elderly inmates are much less likely to commit new crimes upon release compared to younger inmates, reducing the risk of recidivism and, therefore, of increased public danger. Releasing these inmates, especially those who are rehabilitated, can also significantly reduce the financial burden of the state by allowing them to receive Medicare, Medicaid, Social Security, and Veterans Affairs benefits which they are ineligible for whilst incarcerated. These programs can provide for their support and care.
Q. What role do reentry programs and community partnerships play in addressing elderly inmate care?
A. Reentry programs and partnerships with community organizations are crucial for successfully transitioning elderly inmates back into society. These programs provide resources such as help with housing, job placement, access to mental and physical healthcare, and necessary support services that are necessary for successful reintegration. Partnerships with universities, medical centers and non-profits can provide seamless care and supervision which are necessary for the success of formerly incarcerated people.
Q. What are some areas where the FDC could improve its care for elderly inmates?
A. Areas for improvement include increasing specialized medical staffing, enhancing staff training in geriatric care, improving prison facilities to accommodate mobility issues, expanding rehabilitation programs, and strengthening collaboration with community organizations to facilitate reentry. There should also be additional focus on preventative care, telemedicine services and improved mental health services for elderly inmates. Additionally, reviews of early release programs and compassionate release criteria, as well as more innovative housing options should be explored.