Reevaluating Medical Parole: The Need for Fairer Access for Terminally Ill Prisoners

Medical parole, also known as compassionate release, provides a legal pathway for inmates with severe health conditions to gain early release from prison. Most states have policies allowing for the release of individuals with terminal illnesses, typically those diagnosed with less than six to 18 months to live. These policies aim to provide humane treatment to the gravely ill and reduce the financial and logistical burdens on correctional facilities. However, recent research suggests that, despite the existence of these policies, their practical application is highly limited.

A notable opinion piece in JAMA Internal Medicine highlights that the approval rates for compassionate release applications are disappointingly low. Dr. Nicole Mushero, an assistant professor of medicine at Boston University School of Medicine and a geriatrician, states that in her experience reviewing such applications, very few are approved. Supporting this, data from Massachusetts indicate that only 11% of applications for medical parole are granted within the first five years of implementation.

This low approval rate results in thousands of terminally ill prisoners dying behind bars annually, disproportionately affecting Black populations, who are more likely to face arrest, conviction, and extended sentences, yet less likely to receive compassionate release. The issue is particularly acute among the aging incarcerated population, where those over 50 often incur higher medical costs—more than twice those of younger inmates—due to various health conditions.

While some argue that releasing these individuals could jeopardize public safety, evidence shows that crime rates among older adults, especially those over 65, tend to approach zero, indicating a minimal risk of recidivism. Dr. Mushero advocates for reforming the system by establishing external medical review boards composed of healthcare professionals specializing in palliative and geriatric care. Such boards could evaluate applications objectively based on medical necessity and expedite decisions, fostering a more compassionate and just approach.

By prioritizing humane treatment and recognizing death in prison as a policy failure, society can reevaluate notions of justice and dignity. This shift could help redefine the goals of incarceration and release policies, emphasizing care and repair over punishment.

For more details, see the full article in JAMA Internal Medicine .

Source: https://medicalxpress.com/news/2025-09-medical-parole-applications-rarely-terminal.html