North Carolina's Expanded Medical Release Law Fails to Increase Inmate Releases

In 2023, North Carolina lawmakers amended the state's medical release law, aiming to provide seriously ill incarcerated individuals the opportunity to spend their final days at home.

The revisions lowered the eligibility age for geriatric release to 55, extended the terminal illness timeframe to nine months, and adjusted the public safety risk assessment to "no risk or low risk."

Advocates anticipated these changes would lead to more compassionate releases, benefiting both families and the prison system.

However, data reveals that the number of medical releases has remained disappointingly low.

In 2024, only four individuals out of approximately 32,000 incarcerated were granted early medical release.

As of August 2025, five more have been released.

These figures are disheartening for those who believe that releasing terminally ill or incapacitated individuals is both humane and fiscally responsible.

Older inmates are statistically less likely to reoffend, and their medical care imposes significant costs on the state.

Despite the legislative intent, the Department of Adult Correction asserts that the changes have had minimal impact due to unchanged medical criteria.

Many seriously ill inmates are automatically disqualified based on their convictions, particularly those involving violent crimes.

Additionally, the lack of clear definitions for "incapacitation" complicates eligibility assessments.

Efforts to expedite the process and proactively identify candidates have been implemented, yet challenges persist.

Some inmates have died awaiting decisions, and suitable post-release care plans are often difficult to arrange.

Advocates continue to push for further reforms, emphasizing the need for a more compassionate approach that considers the well-being of inmates and the financial implications for the state.

As North Carolina's prison population ages, addressing these issues becomes increasingly urgent.

In summary, while the 2023 amendments to North Carolina's medical release law were intended to facilitate more compassionate releases, the practical outcomes have fallen short of expectations.

Ongoing efforts and potential policy adjustments are necessary to align the law's implementation with its humanitarian and fiscal objectives.