Bill Could Expand Early Release for Terminally Ill Inmates to 120 Days
America ı By Tyler Brooks
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A Louisiana House committee voted unanimously Tuesday to advance legislation that would extend the early-release window for terminally ill inmates from 60 to 120 days before an expected death. The current law allows consideration only when death is projected within 60 days or if an inmate is incapacitated.
Rep. Jerome Zeringue, R-Houma, who authored the bill, said he continues to support tough-on-crime policies. He explained that the extended timeframe would give the Department of Corrections more opportunity to evaluate and place inmates in appropriate care settings. Eligible conditions could include brain death, terminal cancers, and other incapacitating illnesses, though death row inmates would remain ineligible.
The bill cleared the House Committee on the Administration of Criminal Justice and is slated for a vote on the House floor. When an inmate receives a terminal diagnosis, the Department of Corrections conducts a thorough review of their medical condition, prognosis, and the potential risk to public safety, including risks to victims of the crime.
“This compassionate release process is comprehensive and doesn’t rely on the incarcerated individuals to simply claim or comment on their health status,” Zeringue said.
Known as Medical Parole, the process was created by the Louisiana Legislature under the Department of Public Safety and Corrections in 1990. Louisiana’s current two-month early-release window is the shortest in the nation; the second-shortest is six months, while states like Alabama and California allow release up to a year before death. Released inmates are placed in hospice care, hospitals, or under family supervision, and victims are notified. They remain under probation or parole oversight even after leaving prison.
Gary Westcott, secretary of the Department of Public Safety and Corrections, said that inmates whose health improves after release are returned to custody. He emphasized that the early-release process involves intense scrutiny and applies only to select cases.
“Some of these people don’t even realize they are in prison,” Westcott said. “I mean, we got traumatic brain injuries, we have strokes, we have end-of-life cancer.”
Both Zeringue and Westcott noted the financial burden of caring for terminally ill inmates behind bars. Once released, individuals transition to Medicaid coverage and are no longer the responsibility of the state. Westcott shared an example of a drug offender who was released after one month because he was diagnosed as brain dead. So far in 2026, three inmates have been released, compared with 10 in 2025 and five in 2024, he said.
Tom Costanza, executive director of the Louisiana Conference of Catholic Bishops, said the measure reflects a moral dimension of justice.
“This doesn’t reject justice, this insists that justice must be tempered with mercy,” Costanza said.
Social justice organizations, including Voice of the Experienced (VOTE), the Parole Project, and the Promise of Justice Initiative, also endorsed the bill. During the hearing, Zeringue highlighted that the legislation seeks to protect victims by ensuring the early-release process is thorough.
“I was contacted by families, victims of crimes saying that they appreciated the opportunity to afford some relief and forgiveness on their part,” Zeringue said.
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