Missouri has too many older, low-risk prisoners behind bars. This GOP bill would help
Health care options are not the greatest inside Missouri prisons. Yet, the Missouri Department of Corrections is fast becoming one of the largest state-run nursing home facilities, advocates against mass incarceration say. At least 855 prisoners over the age of 65 are locked up in the state, according to the DOC. Taxpayers will bear the cost as exorbitant medical bills continue to rise — especially as the coronavirus pandemic hits incarcerated populations especially hard.
State Rep. Tom Hannegan could change that. The Republican of St. Charles has pushed for change with proposed legislation that would allow older inmates, who are at increased risk of infection, a chance at freedom.
If one of the goals of the incarceration system is to return offenders to the community in stable medical condition, officials are falling woefully short, proponents for the care of senior inmates contend. Compassionate releases of nonviolent, older offenders have been few and far between.
But these people are often low risks for recidivism. They should be prime candidates for for early release.
Take Judy Henderson for example. The Springfield native would likely still be in prison if not for a last-minute pardon. Henderson spent 35 years behind bars after being convicted of capital murder in a 1982 robbery that led to the shooting death of jeweler Harry Klein. Henderson planned the heist with her boyfriend, who fired the fatal shots. The boyfriend was charged with murder, too. He was not convicted.
Henderson, on the other hand, was found guilty and remanded to life in prison. She would have had to serve 50 years before being eligible for parole, an egregious sentence for someone who was later determined to have played a minor role in the deadly encounter. Authorities now believe her boyfriend paid witnesses to lie about the extent of her involvement.
For decades, Henderson languished behind bars while advocates took up her case. If not for clemency in 2017 from then-Gov. Eric Greitens, she would still be in state custody. Instead, she pushes for the release of elderly inmates, among other civic endeavors.
Henderson, of Grain Valley, is employed by Catholic Charities of Kansas City-St. Joseph’s and is active with the National Council for Incarcerated and Formerly Incarcerated Women and Girls.
Henderson’s story is one example of how the prison rehabilitation system can work. But there are others locked away in Missouri prisons deserving of a chance to contribute to society. That’s where state Rep. Hannegan’s legislation comes in.
Under his House Bill 277, Missouri prisoners over the age of 65 who met certain conditions could be eligible for a parole hearing. The measure is scheduled to come up Tuesday in the House Special Committee on Criminal Justice.
If approved, the proposal would allow parole hearings for elderly prisoners who have served at least 30 years of their sentences. The legislation has support from some fellow Republicans, Hannegan said. Other members of the Missouri GOP have been harder to convince.
Parameters are in place: Prisoners would have to meet certain qualifications to be considered. Sex offenders would not be eligible. The state parole board would make the ultimate determination on a case-by-case basis.
The bill was met with opposition from the Missouri Association of Prosecuting Attorneys. A message left for Executive Director Darrell Moore was not returned.
“If you are rehabilitating people, what are you rehabilitating them for? To die in prison,” Henderson said.
Clemency, parole for the elderly, reducing long-term sentencing, rehabilitation and restorative justice are just some ways to reduce the state’s prison population — especially during a time of a global health emergency. Taxpayers are burdened covering the cost of care of sick prisoners. Shouldn’t the health and safety of older inmates matter?