Gov. Gretchen Whitmer signed a new law on Tuesday, making it easier for medically frail inmates to be released from Michigan prisons if they pose minimal risk to the public.
This law replaces a 2019 statute that was considered vague and difficult to enforce. According to the advocacy group FAMM, which advocates for changes in criminal justice systems nationwide, only one person had been released under the old law.
The Michigan parole board now has the authority to release inmates to a medical facility, hospice, or home, particularly if they have a life expectancy of less than 18 months.
“Their needs are too much for the Corrections Department and they’re not a risk to public safety,” said Maria Goellner, FAMM’s director of state policy.
Goellner noted that the new law would save money and allow medically frail inmates to spend more time with their families in their final days.
“It’s common sense,” said Sen. Erika Geiss, a Detroit-area Democrat who sponsored the bill.
Goellner estimates that the law might apply to 12 to 20 people a year. However, those convicted of crimes carrying a potential life sentence are not eligible.
The parole board also has the option to require released individuals to wear an electronic monitoring device.
Larry Smith, who spent nearly 27 years in prison before being exonerated, testified to lawmakers about his experience with inmates suffering from dementia or Parkinson’s disease who posed no public risk.
“There are many people in state prisons who could come home safely and contribute to our families and communities as I am,” Smith said.
