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Revisiting Compassionate Release:

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Supporting Older, Infirmed &

Over-Sentenced People in Delaware

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Yasser Arafat Payne, Ph.D.

Wilmington Street PAR Program

University of Delaware

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What is Compassionate Release?

Compassionate release provides incarcerated individuals with the opportunity to petition the Board of Parole and their sentencing court for a reduction in sentence when the individual can show “extraordinary and compelling reasons” for his or her release.

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      • Medical Release

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      • Non-Medical Release

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      • Age-Related Release

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Nieman Law Group - https://niemanlaw.com/compassionate-release

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Age-Related Compassionate Release�

  • Age 65 or older;

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  • Chronic medical condition;

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  • Deteriorating mental or physical health (as a result of the condition);

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  • Unlikely to improve with conventional treatment;

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  • Served at least half of their sentence;

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  • Elderly inmates at significant risk for debilitating illness.

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What is Street PAR?

Street PAR or street participatory action research is a PAR model that organizes street identified populations and/or persons formerly incarcerated to do activism and empirically document the experiences of other street identified populations.

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Payne. Y. A., Hitchens, B. K. & Chambers, D. L. (2023). Murder Town USA: Homicide, Structural Violence and Activism in Wilmington. Rutgers University Press.

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National Street PAR Project �

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Coley Harris & Ahmarr Melton�

2,560 × 1,707

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Mr. Ronald Derrick Payne (or Tayari)

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Mr. Ronald Derrick Payne (or Tayari)

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Mr. Shamsidin Ali (Robert Saunders)

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Compassionate Medical Release in Delaware

Delaware provides compassionate release to eligible incarcerated individuals with serious mental or physical conditions under two separate laws:

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    • Eligible individuals serving sentences for crimes committed before June 30, 1999 (sometimes referred to as “Old Law Prisoners”), may be considered for Medical Parole.

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    • Eligible individuals serving sentences for crimes committed on or after June 30, 1999 (“New Law”), may be considered for Sentence Modification Due to Illness or Infirmity.

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Aging Incarcerated Persons in Delaware (2021)

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785 people incarcerated over age 50

-187 persons incarcerated 30 years or more

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Aging Incarcerated Persons in Delaware:�Race, Gender & Age

Race and Gender:

  -186 males [79 white males and 107 Black males] 

-1 Black female�

Age:

-187 inmates over age 50 incarcerated for more than 30 years

 -60 inmates in their 50’s

-92 inmates in their 60’, 

 -35 inmates 70 or older

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Criterion for Compassionate Release

(1) 30 years or more;

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(2) Age 60 and older;

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(3) Non-violent (open to violent cases);

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(4) Medical/Health challenges;

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Criterion for Compassionate Release

(5) No threat to public safety;

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(6) Strong potential for being a productive citizen;

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(7) Made positive gains while incarcerated;

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(8) Support awaiting them upon release

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And Ideally…..

  • (1) Immediate release of ALL INMATES with serious health concerns;

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  • (2) Closely evaluate with community members187 cases of persons incarcerated for 30 years or more;

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State Resolution on Compassionate Release�June 29, 2023

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State Resolution on Compassionate Release�Unanimous Votes by the Senate & House – June 2023

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Draft Legislation on Compassionate Release�September 2023

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In Closing……

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Let’s Bring Them Home!

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THANK YOU!