Measure would allow parole for older inmates

CARSON CITY — Older inmates convicted of nonviolent offenses could be released on parole if they meet certain criteria under a bill considered Monday by the Senate Committee on Judiciary.

Senate Bill 140, sponsored by state Sen. Joe Hardy, R-Boulder City, would authorize the Department of Corrections to assign an inmate 65 years old or older to the Division of Parole and Probation for residential confinement to serve out the remainder of their time.

Inmates would have to have served most of their maximum term to be eligible.

“As we get older we’re less inclined to do a lot of things,” Hardy, a physician, told committee members. “And we’re less inclined to do things that are wrong.”

He said the bill would potentially save Nevada money because it is more expensive to house older inmates than others with fewer medical conditions.

Only two Nevada inmates would be eligible under the bill as currently written. Potential savings was estimated at $82,800 in the upcoming biennium.

The provision would not apply to inmates on death row or those serving terms of life without possibility of parole.

Under existing law, the director can authorize the release of certain offenders if they are incapacitated to the point of not being a threat to society or if they are within a year of dying.

James Ringel, a legislative intern who presented the bill, said inmates 65 and older made up 3 percent of Nevada’s inmate population in 2013 but accounted for 36 percent of inmate deaths.

The Nevada District Attorney’s Association proposed an amendment to add sex offenders to those ineligible for release.

Several oppose proposal

Laurel Stadler with the Northern Nevada DUI Task Force expressed concern for victims.

“DUI causing death or substantial bodily harm has never been considered a crime of violence” under Nevada law, Stadler said.

“That’s very concerning to us,” she said, recalling when the law was passed in the early 1990s to allow dying inmates early release so they could die at home.

“A lot of victims didn’t get to choose where they died,” Stadler said. “A lot of victims of DUI crashes died out there on the road.”

Chuck Callaway, with the Las Vegas Metropolitan Police Department, said he intended to testify neutral on the bill but had reservations.

He questioned whether it could lead to further reducing the age eligibility. Some committee members inquired about lowering the age limitation during Monday’s hearing.

Callaway said releasing someone from prison “based solely on age” should not be part of the criminal justice equation.

“I don’t know if that is the right way to do business,” he said.

Senate Minority Leader Michael Roberson, R-Henderson, had similar reservations and cited Bernie Madoff, who swindled millions from investors.

“I don’t think a person like that … should be released,” Roberson said.

Majority Leader Aaron Ford, D-Las Vegas, noted Madoff was sentenced to 150 years in federal prison and wouldn’t be eligible under terms the bill. Ford added that the measure would leave discretion to the prison director.

No action was taken by the panel. Amendments were anticipated.

Contact Sandra Chereb at schereb@reviewjournal.com. Follow @SandraChereb on Twitter.