Republican Rep. Walter Hudson, who last session introduced a bill to toughen penalties for repeat offenders, said he backs a stricter approach to sentencing but is open to “reforms that make both fiscal and criminal justice sense.” If someone is so ill they pose little threat and could be treated more affordably outside prison, “that’s something I’d be willing to consider, because it makes sense on two fronts.”

Limmer, who is on the public safety committee, said he thinks it is a “case-by-case” issue when it comes to releasing older inmates in Minnesota.

“If someone is just moving from a prison due to, let’s say, Alzheimer’s and moving to a nursing home, I don’t think the threat is that severe,” he said. “But … even someone who’s 80 years old who’s been in for, let’s say, a sexual assault case, and they’re considered predatory — there are times when age has nothing to do with their behavior. They still will look for opportunities to assault someone.”

Nationally, compassionate release, the process allowing incarcerated people to seek early release due to extraordinary or compelling circumstances such as terminal illness or old age, remains limited despite recent reforms.

The issue will be in the spotlight this fall when the U.S. Supreme Court hears three cases regarding compassionate release. The cases, which focus on whether the U.S. Sentencing Commission has the authority to require judges to consider changes in law when deciding on release, could define the future of compassionate release.