A – 4 Justice Delayed? Aging and Release Policies

Abstract Objective This policy analysis examines whether compassionate release statutes in the Southwestern United States reflect neuropsychological standards of care for incarcerated individuals experiencing cognitive decline. With increasing rates of dementia and related conditions among aging prison populations, alignment with best practices from the American Psychological Association (APA), American Medical Association (AMA), and National Institute on Aging (NIA) was evaluated. Method Correctional policies from eight states (Arizona, California, Colorado, Nevada, New Mexico, Oklahoma, Texas, and Utah) were reviewed using a structured classification rubric grounded in national clinical and ethical guidelines. Policies were assessed across domains including eligibility criteria, procedural clarity, consideration of mental and cognitive health, and alignment with evidence-based screening practices. Independent raters applied the rubric to classify each state’s approach as Progressive, In-Between, or Restrictive. Interrater reliability calculations are currently in progress. Results California, Colorado, and Texas were classified as Progressive, with statutes that define eligibility criteria, include provisions for medical or mental health conditions, and outline structured application processes. Nevada, Oklahoma, and Utah were categorized as In-Between due to vague definitions or inconsistent implementation. Arizona and New Mexico were classified as Restrictive, lacking formal compassionate release statutes and relying instead on commutation or temporary leave mechanisms. Cognitive impairment and dementia were rarely named explicitly as qualifying conditions, and none of the policies required routine cognitive screening. Conclusion Most Southwestern state policies do not meet established neuropsychological standards of care. Reforms are needed to incorporate cognitive screening protocols, capacity evaluations, and dementia-specific eligibility criteria to ensure ethical, clinically appropriate release practices.