Raleigh, North Carolina.In an effort to allow more elderly and critically sick inmates to spend their last days at home, North Carolina lawmakers raised the requirements for medical release from prison in 2023. But according to data, the anticipated spike in approvals hasn’t happened over two years later, according to North Carolina Health News.
Expanded Criteria, Minimal Impact
Before the modification, medical release was restricted to prisoners who were expected to pass away within six months, those who were permanently and completely incapacitated, or those who were 65 years of age or older and suffering from a crippling illness. The 2023 reforms decreased the public safety criteria from no risk to no or low risk, dropped the geriatric threshold to age 55, and extended the duration for terminal illness to nine months.
Proponents thought the changes would benefit both the Department of Adult Correction’s growing medical expenses and families by enabling them to spend their last months together. However, out of almost 32,000 prisoners, just four were given early medical release in 2024, the first full year under the new regulations. Only five releases have been authorized thus far in 2025.
Why So Few Are Approved
According to officials, the fundamental medical eligibility requirements remained stringent and were not altered by the amendments. Most denials are caused by:
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Conviction exclusions
People convicted of certain violent crimes or on the sex offender registry are automatically ineligible. -
Medical criteria disputes
North Carolina does not define incapacitation by daily living activity limitations like other states, leaving room for subjective interpretation. -
Aftercare challenges
Some eligible inmates have been denied release simply because there was no available long-term care placement.
Approximately 40% of the 465 referrals for medical release that have been made since 2019 did not meet conviction eligibility, and around one-third were rejected due to noncompliance with medical requirements.
Advocates Push for Change
Organizations such as Disability Rights NC, FAMM, and Duke statute’s Wilson Center for Science and Justice contend that the statute is excessively restrictive and underutilized. They cite studies that demonstrate older prisoners are less dangerous to the public but require significantly more expensive treatment.
Forward Justice’s Kristie Puckett highlighted the humanitarian advantage of releasing inmates who are near death while simultaneously alleviating overcrowding and understaffing prisons.
To enhance release applications and guarantee workable care plans, a new pilot initiative paired critically sick prisoners with legal and medical professionals in May. Advocates are wary about boosting expectations, even if the team is working on multiple cases at the moment.
Aging Prison Population Drives Costs
The demographics of the state’s jail system are changing: 26.6% of inmates are now 50 years of age or older. According to research, jail speeds up aging, which means that prisoners frequently experience major health problems much earlier than the general population.
This aging population was a major factor in the 36% increase in prison healthcare costs over the previous five years, which reached $429.1 million in fiscal year 2023-24. Because their crimes prevent them from being eligible for medical release, officials predict the majority of long-term care convicts will stay behind bars despite these constraints.
Do you believe that limitations on medical release for elderly and ill prisoners should be further relaxed in North Carolina? Leave a comment at SaladaStandard-Sentinel.com with your thoughts.
