In
corrections systems nationwide, officials
are grappling with decisions about geriatric
units, hospices and medical parole as
elderly inmates – with their high rates of
illness and infirmity – make up an ever
increasing share of the prison population.
At a time of tight state budgets,
it's a trend posing difficult dilemmas for
policymakers. They must address soaring
medical costs for these older inmates and
ponder whether some can be safely released
before their sentences expire.
The latest available figures from
2010 show that 8 percent of the prison
population – 124,400 inmates – was 55 or
older, compared to 3 percent in 1995,
according to a report being released Friday
by Human Rights Watch. This oldest segment
grew at six times the rate of the overall
prison population between 1995 and 2010, the
report says.
"Prisons were never designed to be
geriatric facilities," said Jamie Fellner, a
Human Rights Watch special adviser who wrote
the report. "Yet U.S. corrections officials
now operate old age homes behind bars."
The main reasons for the trend,
Fellner said, are the long sentences,
including life without parole, that have
become more common in recent decades,
boosting the percentage of inmates unlikely
to leave prison before reaching old age, if
they leave at all. About one in 10 state
inmates is serving a life sentence; an
additional 11 percent have sentences longer
than 20 years.
The report also notes an increase
in the number of offenders entering prison
for crimes committed when they were over 50.
In Ohio, for example, the number of new
prisoners in that age group jumped from 743
in 2000 to 1,815 in 2010, according to the
report.
Fellner cited the case of Leonard
Hudson, who entered a New York prison at age
68 in 2002 on a murder conviction and will
be eligible for parole when he's 88. He's
housed in a special unit for men with
dementia and other cognitive impairments,
Fellner said.
A.T. Wall, director of the Rhode
Island Department of Corrections and
president of the Association of State
Correctional Administrators, said he and his
colleagues regularly exchange ideas on how
to cope with the surging numbers of older
prisoners.
"We are accustomed to managing
large numbers of inmates, and it's a
challenge to identify particular practices
that need to be put into place for a
subset," he said. "There are no easy
solutions."
Wall said prison officials
confront such questions as whether to
retrofit some cells with grab bars and
handicap toilets, how to accommodate
inmates' wheelchairs, and how to deal with
inmates who no longer understand
instructions.
"Dementia can set in, and an
inmate who was formerly easy to manage
becomes very difficult to manage," he said.
States are trying to meet the
needs.
Some examples:
_Washington state opened an
assisted living facility at its Coyote Ridge
prison complex in 2010, with a capacity of
74 inmates. It's reserved for inmates with a
disability who are deemed to pose little
security risk.
The Louisiana State Penitentiary
has had a hospice program for more than a
decade, staffed by fellow prisoners who
provide dying inmates with care ranging from
changing diapers to saying prayers.
In Massachusetts, a new
corrections master plan proposes one or more
new facilities to house aging inmates who
need significant help with daily living.
Some critics object, saying inmates
shouldn't get specialized care that might
not be available or affordable for members
of the public.
Montana's corrections department
is seeking bids for a 120-bed prison that
would include assisted-living facilities for
some elderly inmates and others who need
special care.
In Texas, legislators have been
considering several options for addressing
the needs of infirm, elderly inmates. State
Rep. Jerry Madden, chairman of the House
Corrections Committee, said no decisions
have been made as the experts try to balance
cost factors and public safety.
"You can't just generalize about
these prisoners," he said. "Some are still
extremely dangerous, some may not be....
Some you wouldn't want in the same assisted
living facility with your parents or
grandparents."
Fellner, who visited nine states
and 20 prisons during her research, said
corrections officials often were constrained
by tight budgets, lack of support from
elected officials, and prison architecture
not designed to accommodate the elderly.
She noted that prison policies
traditionally were geared to treat all
inmates on an equal basis. So it may not be
easy for prison officials to consider
special accommodations for aging inmates,
whether it be extra blankets, shortcuts to
reduce walking distance, or sparing them
from assignments to upper bunks.
The report said the number of
aging prisoners will continue to grow unless
there are changes to tough-on-crime policies
such as long mandatory sentences and reduced
opportunities for parole.
"How are justice and public safety
served by the continued incarceration of men
and women whose bodies and minds have been
whittled away by age?" Fellner asked.
One of the problems facing prisons
is that many of their health care staff lack
expertise in caring for the elderly,
according to Linda Redford, director of the
geriatric education center at the University
of Kansas Medical Center.
"It's a big struggle for them to
keep up," said Redford, who has helped train
prison staff and inmates in geriatric care.
"They're used to having to deal
with issues of younger prisoners, such as
HIV and substance abuse," she said.
Under a Supreme Court ruling,
inmates are guaranteed decent medical care,
but they lack their own insurance and states
must pay the full cost. In Georgia,
according to Fellner's report, inmates 65
and older had an average yearly medical cost
of $8,565, compared with $961 for those
under 65.
Redford said the challenges are
compounded because inmates' health tends to
decline more rapidly than that of other
Americans of the same age due to long-term
problems with drug use and poor health care.
"In the general population, 65
doesn't seem that old," Redford said. "In
prison, there are 55-year-olds looking like
they're 75."
Many states have adopted early
release programs targeted at older inmates
who are judged to pose little threat to
public safety.
However, a 2010 study by the Vera
Institute of Justice in New York City found
the laws were used infrequently, in part
because of political considerations and
complex review procedures.
Redford said a common problem is
finding nursing homes or other
assisted-living facilities that will accept
released inmates who have family to live
with.
"Nursing homes don't want former
felons," she said. "Some states are looking
at starting long-term care facilities
outside prison for that could take care of
parolees."
For inmates who are terminally ill
and have no close family on the outside,
it's probably more humane to let them die in
prison if there's a hospice program
available, Redford said.
"The inmates who are volunteering
are at those guys' sides when they die –
they're really committed to making the last
days as comfortable as possible," Redford
said. "They're not going to get that on the
outside."