Introduction:

In conversations about the incarcerated population, one group seems to slip through the cracks of meaningful conversations. Aging adults in the prison system is a population that is neglected and rejected by society. The overall prison population has declined whereas the aging population has increased. “The number of inmates aged 50 or older rose by 46 percent, to more than 10,000 (DiNapoli, 2017)”. In this memo, I first explain the groundbreaking growth of older adults in the prison population throughout America. I will also explore the medical cost. In order to address the needs of the aging prison population, we need efficient and effective policies. Recommendations given will address achieving a humane justice system, keeping New Yorkers safe, and saving taxpayers’ dollars.

Background:

Decades of “tough on crime” policies played a major role in the building of mass incarceration. Legislators from both federal and state government adopted policies that increased the length of prison sentences, established minimum sentences, created three strike laws, also, increasing the number of crimes punished with life and life-without-parole sentences these policies created a lifetime in prison (Human rights watch, 2012). As time progresses, those who are sentenced for many years, or to life in prison are growing older. “Older prisoners and jail inmates were more likely than younger persons to report ever having a chronic condition or infectious disease” (The Bureau of Justice Statistics, 2015). According to the NYS department of health, chronic illnesses are common and costly. Chronic illnesses are the leading causes of disability and death throughout NYS and the United States. Statistics show that six out of every 10 deaths are caused by chronic illness, and accounts for 23% of all hospitalizations in the state of New York (NYSDOH, 2016).

In order to sustain and provide quality of life for aging prisoners medical care although costly is required. Older adults deserve humane treatment as they age. Life in prison can be very challenging for older adults who have mobility impairments, hearing and/or vision loss, cognitive limitations and/or chronic illness. It is our ethical duty to recognize the ill-treatment of inmates, and take action to prevent it from occurring. New York State Comptroller 2017 report on the aging population in prison has concluded that higher cost is associated with older inmates due to an increased need for medical care, and although healthcare cost by age is not currently available for NYS, cost for inmates has increased reaching nearly $381 million in State Fiscal Year 2015-16 (DiNapoli, 2017).

Approach and Results:

Currently, there are a few approaches that aid in combating this issue (1) the medical parole program, enacted in April 1992 gave the Parole Board the authority to release certain terminally ill inmates before they had served the minimum term of their sentence. (2) Legislation enacted in 2009 also authorized the Board to grant medical parole to certain inmates suffering from a non-terminal illness, as well as inmates cognitively incapable of presenting a danger to society. (3) in April 2014, State Department of Corrections and Community Supervision

(DOCCS) directive on medical parole allows certain individuals to ask the DOCCS Commissioner or the Division of Health Services to consider the inmate for medical parole. These are good measures that aid in providing quality of life for a few individuals, however, we must think of the entire aging adult population. Many older prisoners suffer from human rights violations.

Recommendations:

(1) Ensuring older offenders who cannot take care of themselves are treated with respect for their humanity (HRW, 2012). According to the human rights law section, 5 “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Regardless of being in prison or not, no person should have to suffer because of a lack of needed treatment. For example: In order to provide the support needed for older adults in prisons, the facility should provide trained staff that can assist with inmates who need help changing their clothes, showering, or cleaning any accidents possibly due to incontinence or even monitoring older adults to ensure they are not being victimized because of their vulnerability.

(2) Reduction in the number of older prisoners, older inmates are being held in prison unnecessarily despite that their incarceration has little to or does not serve the principal purposes of punishment. These purposes are retribution, incapacitation, deterrence, and rehabilitation. Prisoners who are infirm, or who have served some of their prison sentences and no longer present a risk to society face violations to their right to an equitable punishment (Human rights watch, 2012).

(3) Increase the funding required to provide proper conditions that respect human rights. Most states have made attempts to accommodate older prisoners, through the reconstruction of prison facilities. Prisons were not designed to be suitable for older adults, prisons were designed for non-disabled folks. “States have had to install ramps and shower handles and make other physical modifications. Many prisons have had to create assisted living centers with full-time nursing staffs … 75 U.S. prisons, including Deerfield, provide hospice services for dying prisoners, according to the Vera Institute of Justice, a nonprofit that advocates for criminal justice reform” (Ollove, 2016). In order to provide appropriate care for older adults’ funds must be allocated for necessities needed to ensure the quality of life.

Conclusion: The plight presented to both the people of New York State and aging incarcerated adults needs to be recognized so that we can begin to develop solutions. Decision makers responsible for this population need to work with healthcare, mental health, and social work professionals to establish a better way to assist this at-risk population.

References

DiNapoli, T. P. (2017, April). New York State’s Aging Prison Population. Retrieved from https://osc.state.ny.us/reports/aging-inmates.pdf

Human Rights Watch (2012, January). Old Behind Bars: The Aging Prison Population in the United States. 1-110. Retrieved from: https://www.hrw.org/sites/default/files/reports/usprisons0112webwcover_0_0.pdf. Accessed November 2018.

John, A., (2014, April). A Timeline of the Rise and Fall of ‘Tough on Crime’ Drug Sentencing. Retrieved from: https://www.theatlantic.com/politics/archive/2014/04/a-timeline-of-the-rise-and-fall-of-tough-on-crime-drug-sentencing/360983/.

Maruschak, L., Berzofsky, M., Unangst, J., (2016, October). Medical Problems of State and Federal Prisoners and Jail Inmates, 2011–12. Bureau of Justice Statistics, 1-22. Retrieved from: https://www.bjs.gov/content/pub/pdf/mpsfpji1112.pdf

NYSDOH, New York State Department of Health (2016, May). Chronic Diseases and Conditions. Retrieved from: https://www.health.ny.gov/diseases/chronic/.

Ollove, M., (2016, March). Elderly Inmates Burden State Prisons. The Pew Charitable Trusts. Retrieved from: https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2016/03/17/elderly-inmates-burden-state-prisons.