United States v. Grimaldi, Crim. No. 3:01cr131 (JBA), 2007 WL 1051451 (D. Conn. April 5, 2007)
How much does it cost to insure the life of a defendant on supervised release? $2,915 per year. How much does it cost to insure the life of the same individual not on supervised release? $940 per year.
What's a defendant to do when he finds out about the cost differential? Seek early termination of his supervised release and have the court agree that: (1) he "has commendably complied with all required conditions of his supervised release, including payment of fine and restitution"; (2) "he has been in compliance with all terms and conditions of his supervised release, and has satisfied the fine and restitution obligations of his sentence, including payment of all applicable back taxes and completion of community service; (3) the "United States Probation Officer supports [his] request for early termination; (4) he has undertaken volunteer work as part of a program of rehabilitation; (5) he has satisfied eight of the nine extra-statutory factors to be considered in determining whether to approve early termination of supervised release; (6) "there is nothing to fault and much to commend about the defendant's post-release conduct"; and (7) "his moral compass will never again take him so far off course."
What did the district court do? Deny the petition. Why?
While Grimaldi's apprehension about providing for the financial needs of his wife and parents if he should die is understandable, he points to no particular risk that his life expectancy is compromised in any way. Moreover, while Mr. Grimaldi may not have known about this consequence of his conviction, it is not a new circumstance, and since a term of supervised release is statutorily required for his offense of conviction, the increased premium is a consequence for every convicted felon seeking a life insurance policy with Prudential.