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Early-release window could double to 120 days for terminally ill inmates

1 hour 11 minutes 57 seconds ago Wednesday, April 01 2026 Apr 1, 2026 April 01, 2026 11:23 AM April 01, 2026 in News
Source: LSU Manship School News Service

BATON ROUGE – A House committee voted 7-0 to advance a bill Tuesday that would allow terminally ill inmates to be released up to 120 days before their expected death, doubling the current 60-day window for early release.

Under the current statute, considerations for early release apply only in situations where death is expected within 60 days of diagnosis or if a person is incapacitated.

Rep. Jerome Zeringue, R-Houma, who sponsored the bill, said he remains in support of tough- on-crime bills. He said extending the early release threshold to 120 days would allow the

Department of Corrections to adequately assess and place the individuals in appropriate care upon release.

Eligible circumstances could include brain death, terminal cancers and any incapacitating conditions. People on death row, regardless of circumstances, would not be eligible for early release under the bill.

The bill advanced through the House Committee on the Administration of Criminal Justice and will go to the House floor.

When an inmate is diagnosed with a terminal illness, the Department of Corrections thoroughly reviews the individual’s medical condition, prognosis and the potential threat the individual would pose to public safety, including those affected by 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.

The process, known as Medical Parole, and was established under the Department of Public Safety and Corrections in the Louisiana Legislature in 1990.

Louisiana’s two-month window for a medical early release is the shortest in the country. The second shortest is six months, with other states such as Alabama and California allowing an inmate to be released a year before expected death.

Upon release, individuals are put into hospice care, hospitals or in the care of their families, and victims of their crimes are made aware they have left prison. Even after being released, individuals remain under probation and parole supervision.

Gary Westcott, secretary of the Department of Public Safety and Corrections, said individuals whose health improves upon release will be returned to prison. Westcott said intense vetting goes into the early-release process, and only special cases are eligible and seriously considered.

“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.”

From a fiscal perspective, Zeringue and Westcott acknowledged the high costs of caring for terminally ill individuals while incarcerated.

Once inmates are released, they are transitioned to Medicaid and are no longer wards of the state. Westcott cited the example of a person convicted on a drug charge who, after one month in jail, was released because he was diagnosed as brain-dead.

So far in 2026, three inmates have been released, compared to 10 in 2025 and five in 2024, Westcott said.

Tom Costanza, executive director of the Louisiana Conference of Catholic Bishops, added that the bill strengthens the moral nature of justice.

“This doesn’t reject justice, this insists that justice must be tempered with mercy,” Costanza said.

Various social justice organizations, including Voice of the Experienced (VOTE), the Parole Project and the Promise of Justice Initiative, also supported the bill.

Throughout the hearing, Zeringue insisted the bill’s intent was to also protect victims of crimes by making early-release considerations a comprehensive process.

“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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