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Michigan Allows More Releases for Medically Frail Prisoners

Michigan prisoners considered medically frail now have a better chance of early release under a newly amended law. On July 23, 2024, Gov. Gretchen Whitmer (D) signed Senate Bill 599 and expanded the definition of “medically frail” in a 2019 statute that allows the Michigan Parole Board to release prisoners whose health has deteriorated to the point where they no longer pose a significant threat to public safety.

At passage of that earlier provision, the state Department of Corrections (DOC) estimated that 20 to 30 parole-eligible prisoners would be compassionately released. But since the law was enacted in 2019, only one prisoner had met its restrictive criteria for release.

The revised law should result in more paroles, particularly of prisoners who are terminally ill. The state Department of Health and Human Services will make the determination of medically frailty for a prisoner, whose release is subject to parole board review. It can also be influenced by prosecutors and crime victims. Those convicted of first-degree criminal sexual conduct or crimes punishable by life without parole are ineligible for release.

The amendment also expands the types of facilities to which a medically frail prisoner can be paroled. Previously, that was limited to medical institutions such as nursing homes. Now, prisoners can also be released to a home for hospice care, easing the burden on DOC to find appropriate placements.

State Sen. Erika Geiss (D-Taylor), who sponsored the bill, called it is a common-sense solution that benefits both the state and its medically frail prisoners. Though well-intentioned, the initial 2019 law was too narrow to be effective, she said, and changes made under SB 599 will make the program more functional and compassionate.

DOC supported the amendment. Legislative Liaison Kyle Kaminski said that its broader scope will likely result in more eligible prisoners being granted parole. Although the number of potential parolees under the new law is not yet known, several applications were pending before the parole board in early 2025.  

Sources: Michigan Advance Local Media

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