Gov. Andrew Cuomo, when asked at his daily press conferences about the health and safety of people locked-up in his state prisons, claims all necessary steps are being taken. That’s not true. Although the governor directed that those over age 55 and within 90 days of completing their sentences will be released early, he has exempted those of the same age and the same mere months from release, if the underlying crime is deemed a “violent offense” or “sex crime.”

The policy recognizes that this prison demographic faces increased risk during the COVID-19 crisis and release is necessary to protect them, correctional staff and stop the spread in state prisons. The policy hardly goes far enough in protecting older prisoners, but then carving out an exception that does not advance public health or safety is irrational.