The New Jersey Supreme Court will hear arguments on Tuesday about whether a judge has discretion to deny a prisoner compassionate release, which allows gravely ill or dying inmates to get out of prison early while saving taxpayers the cost of their care.
, which has filed amicus briefs in both cases. “It will determine whether the law can achieve its laudable objective of increasing compassion and saving the state money.
Under the new law, decisions on compassionate release were transferred from the parole board to the courts. The old law disqualified people convicted of certain crimes, such as murder. But under the new law, any prisoner who can prove a terminal condition or permanent physical incapacitation and is not considered a public safety risk — regardless of the crime committed — is eligible for release.
The DOC sent to the Office of Legislative Services its first report in June and said the one person granted compassionate release in the first year of the program saved the department $697, over 25 days, but the numbers rely heavily on estimates and don’t account for certain expenses. In one case, Al-Damany Kamau, formerly known as Eddie Lee Oliver, was convicted of killing 30-year-old Detective John Sczyrek, as he entered the courthouse to testify in a drug case against Kamau’s two family members.
Wigler said the court maintained discretion, citing wording in the statute that said a judge “may,” not “shall,” release a prisoner who qualifies under compassionate release.
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