Overcrowded? Don't build new prisons: Send low-risk elders home.

Vikki Law is the author of several publications, including Resistance Behind Bars: The Struggles of Incarcerated Women." and "Don't leave your friends behind: Concrete ways to support families in social justice movements and communities." She also compiles art and literature from women in prison for a zine, "Tenacious". Here she examines some of the different strategies being used to address the large number of elderly people behind bars in America. I wish AZ legislators would take a lesson from this. AZ DOC director Chuck Ryan himself has a lot of discretion right now to release certain low-risk prisoners and suport sentencing reform - his preference is to build more prisons, instead.

And no, neither the governor nor the legislature has shown they have any intention of implementing an early release bill or modifying the Truth in Sentencing law this year, sorry to say. Vote in a new batch next year and we might have better luck.

--------from Truthout.org-------

"If the Risk Is Low, Let Them Go": Efforts to Resolve the Growing Numbers of Aging Behind Bars

Sunday, 19 January 2014 00:00  
By Victoria Law, 
Truthout | News Analysis

Imagine your grandparents and great-grandparents in shackles or dying behind bars. By 2030, the prison population age 55 and over is predicted to be 4,400 percent more than what it was in 1981. Some state and federal prison systems look at alternatives.
 
The recent release of 74-year-old Lynne Stewart has made headlines. Stewart, who was diagnosed with breast cancer in 2005, was granted compassionate release December 31, 2013, after a protracted struggle by Stewart and supporters across the country. Stewart, whose cancer has spread to her lungs, lymph system and bones, will spend her remaining months with her family in Brooklyn.

But what about the aging and infirm people incarcerated nationwide who lack Stewart's fame and support? The United States has some 125,000 prisoners age 55 and older, quadruple the number in 1995. Various human rights groups, including the ACLU, Human Rights Watch and the Vera Institute of Justice have issued warnings about the increased numbers of aging, elderly and incapacitated behind bars. In response to these increases, several states, such as Kansas, Mississippi and Tennessee, are in the process of building hospice and geriatric units within their prison systems.

But what other solutions are there?

"If the Risk is Low, Let Them Go"

In New York, advocates - including formerly incarcerated people - have launched the Release Aging People in Prison (RAPP) campaign. More than 9,200 people (nearly 17 percent) imprisoned in New York are 50 or older. While the state's prison population dropped this past decade - from 71,466 in 2000 to 56,315 in 2011 - the number of people 50 and older has increased by 64 percent. Lead organizer Mujahid Farid knows the obstacles facing people seeking parole. Farid was arrested in 1978 and sentenced to 15 years to life for an attempted murder. By the time he was eligible for parole in 1993, he had earned four college degrees as well as certificates for numerous other programs. None of these accomplishments mattered. He was denied parole based on his 1978 conviction. Farid appeared before the parole board ten times over the next 18 years before he was granted parole in 2011.

"I realized it wasn't personal," he told Truthout. "They're not looking at your personal development. They're simply looking at your conviction." After his release, Farid met with advocates, including other formerly incarcerated people, to discuss how to overcome the hurdle within the parole system. Out of these discussions came RAPP.  Under the slogan "If the risk is low, let them go," RAPP mobilizes to change the routine in which parole and compassionate release are denied to those who have spent decades in New York's state prisons.

Laura Whitehorn spent 14 years in the federal prison system. "I've had friends who have died in prison," she told Truthout. "It's heartbreaking." Because the federal Bureau of Prisons is under no obligation to house prisoners close to their communities, family members often are unable to see dying loved ones incarcerated across the country. Those able to make the journey have limited visiting - and always with an armed guard in the room. "Kids need to be pat-searched to visit their parents and grandparents," Whitehorn remembered.
Farid and Whitehorn note that, in New York state, releasing many aging prisoners does not require new legislation. A 2011 executive law directed the parole board to begin using risk-assessment tools when making decisions, but the Division of Parole did not post new regulations complying with the law until December 18, 2013. "The risk of committing a new crime is about 5 percent for older people, compared with an overall recidivism rate of nearly 40 percent," Farid stated. "If the parole board followed the law, many of the men and women would safely be released, saving millions of dollars a year in unnecessary medical and custodial costs."

One of RAPP's first initiatives has been a public education campaign. "A lot of activities going on with parole are so outrageous, but [parole board members] get away with it because the public doesn't know," Farid said. RAPP volunteers have visited churches and community boards. The response has been positive. The Queens Federation of Churches has agreed to support RAPP's campaign. Churchgoers have attended RAPP's monthly meetings and invited RAPP volunteers to theirs. Whitehorn approached her local community board, which has a committee on aging. "I thought they'd say, 'Oh, no! Not another thing to take on!' But they jumped at it," she recalled. Another time, she spoke about RAPP at a panel on the Affordable Care Act at a geriatric home. People flocked to her table to sign RAPP's petition to the parole board. Whitehorn distinctly remembers one woman with a cane, who told her, "I don't like the idea of people like me being in prison."

The California Elderly and Elderly-Lifer Alternative Custody Program

In California, Jane Dorotik has been pushing for an elderly alternative custody program. Inside its prison system, prisoners age 55 or older increased by more than 500 percent between 1990 and 2009. According to Human Rights Watch, that number is projected to increase to 15 percent of California's prison population by 2019.

In 2012, having seen the effects of keeping aging people in prison, Dorotik, who has been incarcerated since 2001, drafted a proposal for an elderly and elderly-lifer alternative custody program. Dorotik notes that lifers (those serving life sentences) now represent one-fifth of the state's prison. She also notes that many, particularly those in the women's prison population, have been sentenced for a single action committed many years ago and that lifers have an 18 percent chance of being granted parole.

Unlike RAPP, Dorotik is not pushing for parole. Instead, she is advocating that people 55 or older be released under supervision, including ankle monitoring. They remain under the custody of the California Department of Corrections and Rehabilitation (CDCR) and can be returned to prison at any time. Dorotik proposes a pilot program at the California Institute for Women, where she is housed, for those age 55 and older. In addition to age, women must:

- Have been incarcerated for at least seven years or 50 percent of their sentence (whichever is greater).
- Have no previous history of felony convictions.
- Have had no serious disciplinary actions against them in the last five years.
- And have secured placement in the community.

Dorotik notes that nearly 140 people at CIW are over 55. Each costs $138,000 per year to keep behind bars. The vast majority of these "Golden Girls" meet the above criteria.

But it's not just the financial cost that concerns Dorotik. She's seen the human cost of keeping the aging people imprisoned. In 2006, Dorotik wrote an open letter to state legislators urging them to expand the use of compassionate release. "Compassionate release is an available alternative to dying alone and isolated behind prison walls," she wrote, "but it is almost never granted by the CDCR bureaucracy." She pointed to the (then-recent) death of 63-year-old Annie Castiglione, who had been sentenced to Life without the Possibility of Parole. "She was a model prisoner and spent her years behind bars helping others. She died the other evening alone and overlooked in the prison's skilled nursing facility. ...

"Take a moment now and remind yourself how it must feel to die alone," Dorotik urged. "In fact, take only slightly more than a moment - take 93 seconds of silence. That is one second for every day Annie waited hoping compassionate release might be granted."

More recently, Dorotik has described other women languishing behind bars in their 70s and 80s. Seventy-one-year-old Doris, for example, recently spent 61 days in administrative segregation (a punitive form of solitary confinement) after an officer found an additional two to three rolls of toilet paper in her cell. "As Doris got up to placate the yelling [correctional officer], she may have touched the CO's arm. After all," Dorotik reflected, "balance at age 71 is sometimes a problem. All the women in the hallway verified there was no 'assault,' and the CO continued to search for excess toilet paper for another ten cells and half an hour before alleging the assault." When he did, Doris was sent to segregation. An assault charge was placed on her record.

That assault charge now eliminates any chance that Doris may have had when appearing before the parole board, increasing the chance that Doris may die behind bars. Dorotik also recounted the story of Helen, another Golden Girl whom the parole board refused to release. Sentenced to life for transporting money for her son, Helen spent the last years of her life with failing kidneys. "She was taken out twice a week for dialysis treatment, hands and feet shackled, a guard on each side of her." When Helen, at age 85, appeared before the parole board, the board deemed her a risk to public safety because she "didn't have firm enough employment plans." The following year, at age 86, Helen died alone and unnoticed in prison.

Unlike RAPP's efforts, Dorotik's Alternative Custody Program will require new legislation. She has reached out to and been working with advocacy groups such as Californians United for a Responsible Budget, JusticeNow and Legal Services for Prisoners with Children to push her proposal. Advocates from these groups have met with California legislators, including Senator Carol Liu, who drafted California's first Alternative Custody Program.

How Connecticut Is Addressing Its Aging Prison Population

Currently and formerly incarcerated people and prisoner rights advocates are not the only ones pushing for releasing elderly people in prison. As of January 6, 2014, Connecticut's Department of Correction (DOC), which is responsible for its local jails and state prisons, held 387 people ages 60 and over. "Many have cognitive impairments," described Dr. Kathleen Maurer, DOC's director of health services, at the Health Behind Bars conference in October 2013. Some require round-the-clock care.

Instead of building assisted-living or nursing homes within its prison system, Connecticut lawmakers passed legislation in 2012 allowing the DOC commissioner the discretion to release the severely incapacitated for "palliative and end-of-life" care. Faced with the challenge of where to place people whose lengthy sentences had eroded family ties, the state's Department of Corrections (DOC) and Department of Mental Health and Addiction Services (DMHAS) partnered to contract with a privately run home specifically for their populations. The result was 60 West - a 90-bed nursing home in Rocky Hill, a city south of Hartford.

Although 60West accepts patients only from DOC and DHMAS, Maurer is quick to point out that 60West is not a prison. "It's not run by DOC," she emphasized during her presentation at the October 2013 Health Behind Bars conference. "A parole officer supervises the people [released from] DOC, but there are no correctional officers. It's run exactly like any other nursing home in the state."

To qualify for release into 60West, an incarcerated person must meet one of these criteria:

- Be at the end of his or her sentence with no other option for housing or care.
- Have a prognosis of six months or less.
- Have served half of his/her sentence and have a terminal or incapacitating illness.

Each person also must pass several assessments, including a medical evaluation and a criminogenic risk assessment, including a review of the need for a nursing-home level of care with the expectation of requiring long-term placement; a review of historical factors requiring placement at 60West; and the ability to be safely managed in a nursing home. The DOC commissioner makes the final decision on release. "Once they leave the facility, they're not prisoners. They're residents of the nursing home," Maurer said.

In addition to allowing people to live their last months or years outside of prison, 60West has enabled the state to transfer the cost of care from DOC to Medicaid. "Eighty to 90 percent of our incarcerated population would be Medicaid-eligible," Maurer stated. However, because jails and prisons are required to provide medical care, incarcerated people are not eligible for Medicaid coverage unless they undergo treatment in an outside medical facility for 24 hours or longer.

Beginning in April 2010, Connecticut extended Medicaid benefits under the Medicaid for Low-Income Adults (LIA) program. "Eligibility for LIA was 56% of the federal poverty level and there was no asset test," Mary Mason, the DMHAS public relations manager, explained in an email to Truthout. "Since April 2010, many individuals being discharged from prison were able to access expedited LIA eligibility. This allowed Connecticut to receive 50% reimbursement for services that had previously been 100% state funded."

Given that the patients at 60West are no longer incarcerated, Connecticut is able to apply Medicaid funding to their care. "The level of care being provided by DOC in infirmaries can be more appropriately and less expensively provided in a nursing home setting," Mason pointed out. Since its opening in spring 2013, 30 people have been released from Connecticut's prison system to live their last days at 60West. There are currently ten patients who had been DOC prisoners at 60West. Despite concerns of Rocky Hill locals, Maurer added, there have been no incidents.

"By 2030, the prison population aged 55 and over is predicted to be 4,400 percent more than what it was in 1981," Laura Whitehorn pointed out. "Everyone should picture their grandparents and great-grandparents. Now imagine them in shackles. Imagine them handcuffed to their walkers. Imagine them dying behind bars."

TX may parole elderly early...why not AZ?

The Texas legislature seems to be a little smarter than the AZ legs, these days...

Go figure.

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Medical expenses could create elderly parolees

Parole debate points to rising medical costs.

By Renee Lee/

Houston Chronicle

Updated 11:56 p.m., Sunday, May 15, 2011

A growing population of elderly inmates is driving up prison medical care costs to the point that some Texas lawmakers would like to see more of those who are feeble and chronically ill released early.

In the last decade, the number of inmates 55 and older has spiked as much as 8 percent each year, growing to about 12,500, while the general inmate population has remained fairly flat.

In prisons throughout the country, inmates grow old serving longer sentences and enter prison at an older age. Between 1999 and 2008, the number of inmates 55 and older in state and federal prisons increased by 76 percent to 76,400 inmates, according to the Federal Bureau of Justice Statistics. The general population grew by 18 percent.

With rising medical care costs and dwindling state budgets, policy-makers and prison officials have struggled to keep pace. Elderly inmates in Texas make up 8 percent of the state's prison population, yet they account for more than 30 percent of prison hospitalization costs.

In fiscal year 2010, the state spent more than $545 million on inmate health care. It paid $4,853 per elderly offender for inpatient and outpatient care compared with $795 for inmates under 55, according to the Correctional Managed Health Care Committee.

Legislators this session considered a bill that would have required release of certain elderly and sick inmates to community settings, such as nursing homes and assisted living facilities. Outside prison, many inmates would qualify for Medicaid, lessening the state's financial burden.

The legislation died after failing to make last week's calendar deadline. But lawmakers grapple with the issue every session. Inmates are constitutionally entitled to receive medical care, so states must balance the quality of care with its cost.

State Sen. John Whitmire, D-Houston, chairman of the Senate Criminal Justice Committee, said he would like to see prison space freed up for more dangerous criminals and the cost savings used for law enforcement.

“We certainly need to continue to be sensitive and smart about who becomes old and invalid and doesn't pose a public danger,” Whitmire said. “In times of fiscal concern, we're spending $1 million or more on inmates who can't get out of bed or are really sick individuals. It's just nuts.”

Research shows that most elderly offenders experience an average of three chronic illnesses while incarcerated. Among the most common are arthritis, hypertension, ulcers, heart attacks, diabetes, hepatitis C and cancer, according to the National Institute of Corrections.

Many prisons are not properly equipped to care for the elderly, said Robert Aday, a professor at Middle Tennessee State University and author of a book on aging prisoners. Some states group them in special needs facilities or in centralized geriatric wings to reduce medical costs, he said.

“The sheer numbers are overwhelming them,” Aday said. “A convergence of trends, including enhanced sentencing, more prisons built, and the graying of American people, it's created this crisis.”

In Texas, more than 1,000 offenders are identified each year as being eligible for medical parole, according to a Legislative Budget Board report. About a third of those are processed and presented to the state parole board, which approves 25 percent of those cases each year. Since 1991, 1,287 offenders have been released under the program — about 64 prisoners per year, the report said.

Old Code Lifers, Bill Macumber, and Sentencing Reform

Ever since learning about William Macumber, I've been wondering what else I can do to help. The Change.org petition seems to be going pretty well. I also made some postcards to send the Governor and the media (and to Bill) for his birthday (AUG 31 he'll be 75). Feel free to download, or get creative and make some of your own - you can still send them out after his birthday; I just thought the timing was good. Here's the photo and text I used:

State of Arizona Capitol, Executive Tower. Phoenix.
“Free William Macumber!”


August 28, 2010

Dear Governor Brewer:

William Macumber will be 75 on August 31. He is an innocent man, whose fate is in your hands. Please free him from prison and send him home to his family. It’s the right thing to do.

Thank you.

Sincerely,
Margaret Jean Plews

Arizona Prison Watch


I also found the the Freedom for Bill Macumber website - you folks really need to go there and read more on his case. There are a couple of different petitions there, one being for sentencing reform for Old Code Lifers. Check it out, sign their petitions, and send your "Free Bill Macumber" postcards and letters to the Governor, Rep. Cecil Ash (Chair of the House Study Committee on Sentencing); members of the AZ House and Senate Judiciary Committees, and your own legislators in Bill's support. Changing the Old Code Lifers law seems to be Bill's only shot at getting free, unless the Governor can be convinced to change her mind. The Arizona Justice Project that helped Bill get through the clemency process seems to be behind that.

Actually, I'd like to see some new legislation that requires the state to free people from prison in prison who the Board of Executive Clemency finds to be innocent. We also need to prohibit the courts from refusing to hear new evidence where there remains a claim of innocence, as in Courtney Bisbee's case. It's incomprehensible that either Bill or Courtney are still in prison, and that there isn't a huge public uproar over it. The lives of too many wrongfully convicted people hinge on politics, not justice, when it's up to a governor or the trial judge whether or not to take a second look at a conviction.

Here's a bit on the Old Code Lifers law (from http://freedom4bill.com):

---------------------------------------

What Else Can I Do?

HELP REFORM THE OLD CODE LIFER STATUTE

As of March, 2010, Bill Macumber is still in prison in Douglas, Arizona. His son Ron and family traveled to Arizona in February to preview the documentary film and visit Bill in the Douglas Prison facility. Bill remains upbeat although he is very disappointed that the petition for clemency was vetoed by the Governor.

Bill’s life sentence is considered to be defined by the “old code” (the 1956 Criminal Code). Because of this, he is not eligible for parole. In 1973, the Arizona State Legislature rewrote Arizona’s death penalty statutes, adding a minimum sentence a period of 25 years. However, in doing so, they left a group of prisoners (now 29) ineligible for parole, with only “natural life” as their guideline for time served. Each of these 29 “old code lifers” has served over 32 years, and all are over the age of 55 (the average age is 65).

Many life-sentenced inmates since that time have served at least the minimum, then applied for and received parole. In one of his case’s many heartbreaking circumstances, Bill Macumber has never been allowed this privilege. He is effectively sentenced to life without parole, even though “life without parole” was not a sentence in Arizona at that time.

A proposition is currently being drafted for the Arizona legislature which would allow these 29 “old code lifers” to be eligible for parole. It does not guarantee parole, yet provides an opportunity for those who are trapped in the situation created by the 1973 amendment.

You can help support this bill by adding your name to the petition below and reading more at www.oldcodelifer.com. You are encouraged to email or write to your legislator and let them know that you strongly support a reform proposition which would allow Bill Macumber to apply for parole.

Our Elders in Prison: Nursing Homes with razor wire.

Here's to Truth, Peace and Justice - may all prevail in the New Year.

Borrowed from our friends at Nevada Prison Watch: their Christmas Eve Post...

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Nursing homes with razor wire: Are elderly prisoners really a threat to public safety?
By David Fathi
LA Times
December 23, 2009

Sometime in the 1970s, the United States began a love affair with incarceration that continues to this day. After holding nearly steady for decades, our prison population began to climb as criminal justice policy took a sharply punitive turn, with the massive criminalization of drug use, "three strikes" laws and other harsh sentencing practices. More people were going to prison, and staying there longer. By 2005, the prison population was six times what it had been in 1975.

One little-known side effect of this population explosion has been a sharp increase in the number of elderly people behind bars. According to the Justice Department, in 1980 the United States had about 9,500 prisoners age 55 and older; by 2008, the number had increased tenfold, to 94,800. That same year, the number of prisoners 50 and older was just shy of 200,000 -- about the size of the entire U.S. prison population in the early 1970s.

People age 50 or 55 may seem a bit young to be classified as elderly. But because their lives have often been characterized by poverty, trauma and limited access to medical care and rehabilitative services, most prisoners are physiologically older than their chronological age would suggest, and more likely to have disabling medical conditions than the general population. One study cited by Ronald H. Aday in his 1994 article in Federal Probation concluded that the average prisoner over 50 has a physiological age 11.5 years older than his chronological age.

With 1 in 11 U.S. prisoners serving a life sentence -- in some states, the figure is 1 in 6 -- it's no surprise that the number of elderly prisoners is skyrocketing. In 2007, the New York Times profiled then-89-year-old Charles Friedgood, a New York state prisoner who had served more than 30 years of a life sentence for second-degree murder. Although he had terminal cancer and had undergone several operations, including a colostomy, he had been denied parole five times before being released in 2007. Friedgood at least had the opportunity to apply for parole; in some states, parole has been abolished, and a life sentence means exactly that.

Being in prison is hard on anyone, but the elderly face special dangers, particularly if they are ill or disabled. Some have complex medical and mental health needs that prisons are ill-equipped to handle. Many prisons are not accessible to persons with mobility impairments; for them, bathing, using the toilet or even getting in and out of their cells can be a difficult, dangerous challenge. And older prisoners are more likely to be robbed, assaulted or otherwise victimized.

Some states have so many elderly prisoners that they have built special facilities to house them. Several years ago I visited the Ahtanum View Corrections Center, Washington state's prison for the elderly. Everywhere I looked were aged, frail, disabled people, some of whom could barely move without assistance. The prison's webpage helpfully points out that a volunteer clergy team is available to assist prisoners with "end-of-life issues."

The main justification for incarceration is to protect public safety. But it's hard to see the public safety rationale for keeping so many elderly people in prison.

It's even harder to understand the economic justification. Incarceration is expensive -- about $24,000 per year for the average prisoner, according to a 2008 Pew Center on the States report. Keeping someone over 55 locked up costs about three times as much. Given that criminal behavior drops off dramatically with advancing age, this is a major investment for very little return.

As the United States faces its worst fiscal crisis in decades, many states are taking a hard look at their prisons, which consume a large and increasing portion of state budgets. As part of this long overdue re-examination, lawmakers should ask whether so many elderly people really need to be in prison and whether the state should be in the business of operating nursing homes with razor wire.

David Fathi is director of the U.S. division at Human Rights Watch.

Copyright © 2009, The Los Angeles Times
http://www.latimes.com/news/opinion/commentary/la-oe-fathi24-2009dec24,0,1216548.story

The Elderly in Prison

Upcoming Events

December 10: International Human Rights Day.

December 17: International Day to End Violence Against Sex Workers (Tucson Memorial).

December 18: Sex Workers Outreach Project Protest at the AZ DOC in Phoenix.

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From James Ridgeway's blog, the Unsilent Generation:

(hit it: he's an outstanding journalist, he's always well-sourced,and he's done some great work on prisons and the Angola 3 for Mother Jones)

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The Graying of America’s Prisons

December 7, 2009 

The following appears as Part One of a two-part Special Report on The Crime Report (TCR), which is “a collaborative effort by two national organizations that focus on encouraging quality criminal justice reporting:  The  Center on Media, Crime and Justice, the nation’s leading practice-oriented think tank on crime and justice reporting, and Criminal Justice Journalists, the nation’s only membership organization of crime-beat journalists.” I’ll post Part Two as soon as it appears on TCR.



Frank Soffen, now 70 years old, has lived more than half his life in prison, and will likely die there.

Sentenced to life for second-degree murder, Soffen has suffered four heart attacks and is confined to a wheelchair.  He has lately been held in the assisted living wing of Massachusetts’ Norfolk prison. Because of his failing health and his exemplary record over his 37 years behind bars—which includes rescuing a guard being threatened by other inmates—Soffen has been held up as a candidate for release on medical and compassionate grounds.

He is physically incapable of committing a violent crime, has already participated in pre-release and furlough programs, and has a supportive family and a place to live with his son. One of the members of the Massachusetts state parole board spoke in favor of his release. But in 2006 the board voted to deny Soffen parole. He will not be eligible for review for another five years.

The “tough on crime” posturing and policymaking that have dominated American politics for more than three decades have left behind a grim legacy. Longer sentences and harsher parole standards have led to overcrowded prisons, overtaxed state budgets, and devastated families and communities. Now, yet another consequence is becoming visible in the nation’s prisons and jails: a huge and ever-growing numbers of geriatric inmates.

Increasingly, the cells and dormitories of the United States are filled with old, often sick men and women. They hobble around the tiers with walkers or roll in wheelchairs. They fill prison infirmaries, assisted living wings, and hospices faster than the state and federal governments can build them—and since many are dying behind bars, they are filling the mortuaries and graveyards as well.

The care these aging prisoners receive, while often grossly inadequate, is nonetheless cripplingly expensive—so much so that some recession-strapped states are for the first time seriously considering releasing older terminally ill and mentally ill prisoners rather than pay the heavy price for their warehousing. It remains to be seen what will happen when such fiscal concerns run head on into America’s taste for punitive justice. A recent report by the Vera Institute made this clear.

Politicians no doubt did not imagine this Dickensian landscape of the elderly incarcerated when they voted to lengthen sentences and impose mandatory minimums three or four decades ago. But their actions are yielding an inevitable outcome.  While the graying of the prison population to some extent reflects the changing demographics of the populace at large, it owes considerably more to changes in law and policy. And this is likely to continue into the foreseeable future.

According to the Sentencing Project, the United States imprisons five times as many people as it did 30 years ago and more than seven times as many as it did 40 years ago. Our criminal justice system now keeps 2.3 million people behind bars—about half of them for drug offenses and other nonviolent crimes. Twenty-five years ago, there were 34,000 prisoners serving life sentences; today the number is more than 140,000. The fact that each person is spending a longer stretch behind bars means that the falling crime rates of the 1990s do not translate into fewer inmates. It also means that more and more people who committed offenses in their 20s or even their teens are growing old and dying in prison.

The situation is particularly stark in California, Texas and Florida, which have large prison populations with cells crammed to overflowing because of harsh sentencing laws. In California, the population of prisoners over 55 doubled in the ten years from 1997 to 2006. About 20 percent of California prisoners are serving life sentences, and over 10 percent are serving life without the possibility of parole. Louisiana’s prison system now holds more than 5,000 people over the age of 50—a three-fold increase in the last 12 years.

While 50 or 55 may not be old by conventional standards, people age faster behind bars than they do on the outside: Studies have shown that prisoners in their 50s are on average physiologically 10 to 15 years older than their chronological age. Older prisoners require substantial medical care, because of harsh life conditions as well as age. Inmates begin to have trouble climbing to upper bunks, walking, standing on line, and handling other parts of the prison routine. They suffer from early losses of hearing and eyesight, have high rates of high blood pressure and diabetes, and are susceptible to falls.

A recent study by Brie Williams and Rita Albraldes, published as a chapter in the book Growing Older: Challenges of Prison and Reentry for the Aging Population, found that in addition to the chronic diseases that increase with age, older offenders have problems such as paraplegia because of the legacy of gunshot wounds. Many have  advanced liver disease, renal disease, or hepatitis. Still others suffer from HIV-AIDS, and many more from drug and alcohol abuse. Living under prison conditions, they are more likely to get pneumonia and flu.

Many prisons are notorious for not taking their inmates’ health complaints seriously, and there is anecdotal evidence this problem may be compounded when prisoners are elderly. A doctor under contract in one southern prison told me in a recent interview how a diabetic man’s illness was misdiagnosed, resulting in months of excruciating pain and the amputation of toes and part of one foot. Back in prison, the man asked for prosthetic shoes so he could get around by walking; his request was denied.

Another elderly prisoner complained of an earache which went untreated for months.  When it became unbearably painful, the prisoner was shipped to a local hospital emergency room, under contract to the prison. There the doctors found the earache was brain cancer—by then, too advanced to treat.

The exploding prison population has further undermined the already questionable quality of inmate medical care. In California, which has the nation’s largest number of state prisoners, a panel of federal judges earlier this year found that the state of medical care was so poor that it violated the Constitution’s ban on cruel and unusual punishment, and was in danger of routinely costing prisoners their lives. The only solution, the judges said, was to reduce prison overcrowding caused by the states draconian mandatory sentences. The court recommended shortening sentences and reforming parole, which they believed would have no impact on public safety; it has given California three years to comply.

To come in Part Two:  Challenging the status quo for geriatric prisoners

Send them home.

Dear UNSHACKLE friends,

I came across this article on a bill recently signed into law that amends Maine's policies around jails and state prisons to allow early release for people who are terminally ill.

I know that many of you on this list have done tremendous work around compassionate release guidelines and petitions in various states. Please let us know if there is any further update on this policy, particularly how 'those who might pose a risk of reoffending' is being defined/is traditionally defined.

All my best,
Laura


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New Law Allows Some Terminally Ill Inmates to Leave Prison Early
http://www.mpbn.net/News/MaineNews/tabid/181/ctl/ViewItem/mid/3475/ItemId/8669/Default.aspx
August 14, 2009 Reported By: Anne Ravana

Today Gov. John Baldacci signed into law a bill that amends a few correctional programs. LD 1224, "An Act Regarding the Operation of County Jails and the State Board of Corrections," will allow terminally ill inmates to leave prison early if they do not pose a threat to public safety. And the law also expands domestic violence and sexual assualt victim notification requirements.

Originally Aired: 8/14/2009 5:30 PM Listen (Duration: 3:29)

Only about seven percent of Maine's jail and prison inmates are over the age of 55, but corrections officials say most of those older inmates are not in good health.

"We see every type of sickness coming through, I think known, to man and that's why our pharmaceutical bill runs about $15,000 a month," says Penobscot County Sheriff Glenn Ross. "Hepatitis C is very common, alcohol problems, AIDS due to needle use, we have lots of problems with pharmaceutical abuse where people are coming in on many different types of drugs, and that combined with alcoholism, we have to try to get that person stabilized and off medicines that they're not supposed to be on."

Ross says he supports a new law that amends the state's home release program provisions, and allows some inmates to be released early into nursing homes or hospice care.

"There are those times when we have older individuals that have severe diseases that may succumb to those diseases, and the cost of keeping them in the jail or in the hospitals being guarded is astronomical," Ross says. "So there's no real good answer to this. I do support the new law if it's applied in a way that protects public safety, and you have people that are monitoring to make sure that the decisions are not purely financial and the risk to the community is the number one priority."

Under the law, which was amended in the last session of the Legislature, the home release program would not apply to inmates sentenced to life in prison or those who might pose a risk of reoffending, Ross says.

Many of the bill's provisions were recommended by the Board of Corrections, and Denise Lord, Associate Commissioner for the state Department of Corrections, says the bill brings more flexibility to the home release program.

"The early release programs that currently exist require prisoners to have served a certain portion of their sentence and to have a minimal amount of time left on their sentence before they're eligible for early release," she says. "For those prisoners who are severely medically incapacitated, those requirements go away."

Medically incapacitated, Lord says, means physically ill, not mentally ill. She says standards for release will be the same at all county jails and state prisons, and the new law leaves that decision to the sheriffs.

Sheriff Ross says there's always the question of how and where terminally ill inmates will be cared for after release, but the Volunteers of America, he says, have been a help.

"Here in Penobscot County we have a contract with Volunteers of America for release of inmates back into the community," he says. "And so that's a supervised community confinement program, basically, where we have somebody checking in on them. But we can set up conditions on inmates that are released to hospitals, or to homes and have them checked on by our VOA staff."

The Maine Department of Corrections says the state expects the percentage of inmates over 55 to grow in the coming years, and it's already higher than most states. Also in the new law is an expansion of the state's victim notification requirements. Now victims of Class D, or misdemeanor crimes, of domestic violence, sexual assault or stalking may request notification when the offender is released from jail or prison.


--
Laura McTighe
Director of Project UNSHACKLE
Community HIV/AIDS Mobilization Project (CHAMP)
80-A Fourth Avenue
Brooklyn, New York 11217
llmctighe@champnetwork.org
Office: (212) 937–7955, Ext. 20
Cell: (215) 380-5556
Fax: (401) 633-7793

www.champnetwork.org/unshackle

Free the Sick and Dying.

Plan to free state prison inmates moves ahead

San Francisco Chronicle - Sacramento Bureau

Matthew Yi, Wyatt Buchanan

Friday, August 21, 2009

Sacramento - The state Senate on Thursday narrowly approved a prison bill brokered by Gov. Arnold Schwarzenegger and Democratic lawmakers that would save the state $525 million this year by reducing the prison population by 27,000 inmates.


The legislation includes controversial plans such as allowing nonviolent elderly and sick inmates to finish their sentences outside prison walls in homes or community hospitals, where they would be monitored with GPS devices. The bill also includes the creation of a sentencing commission that would revamp the state's punishment and parole rules.


Republicans argued strongly against the bill.


"If this becomes law, the people of California will become less safe, pure and simple," said Sen. Tony Strickland, R-Thousand Oaks (Ventura County).


GOP lawmakers also warned that the sentencing commission, which would include a nonvoting former inmate, would weaken the state's tough-on-crime laws.


"You have the gall to put a felon on there?" Senate Republican leader Dennis Hollingsworth of Murrieta (Riverside County) asked Democrats during the spirited and contentious debate.

Close vote

After more than four hours, the Senate voted 21-19 to approve the bill, barely clearing the simple-majority hurdle.


The Assembly adjourned at midnight Thursday without debating the bill and will return Monday.


Speaker Karen Bass, D-Baldwin Vista (Los Angeles County), said the Assembly bill would differ from the version passed by the Senate. Those changes include eliminating so-called "wobbler" crimes that would reduce some felonies to misdemeanors and eliminating alternative sentencing, such as moving old and sick inmates out of prisons and into hospitals or nursing homes.


The changes would mean a loss of about $200 million in savings and Bass said she did not know how the Legislature would make that up.


There also would be changes to the sentencing commission, including eliminating a nonvoting seat for a former inmate. The changes would reduce the prison population by about 10,000 fewer inmates than the Senate plan would over two years.


Bass said she is concerned that waiting until Monday could be a political risk, but she said she thought it ultimately would not derail the plan.


"I just wasn't going to hold people here for three more hours ... and know there would still be members uncomfortable because their constituents hadn't had a chance to see it," Bass said.


Earlier, Senate President Pro Tem Darrell Steinberg, D-Sacramento, said he agreed with Republicans that public safety should be the No. 1 concern, but argued that the bill would result in greater public safety because it would allow authorities to focus more of their resources on violent criminals.


For example, the Senate bill would lower the ratio between parole agents and parolees from the current 70 to 1 to 45 to 1.


"Does this plan do more to protect people from more violent predators?" he said. "I would argue ... that it does."


Sen. Roderick Wright, D-Inglewood (Los Angeles County), said it makes sense to move old and seriously ill inmates out of prison into home detention or community hospitals with GPS tracking devices because the state would save money without endangering citizens.


"We have guys sitting in the joint who've had strokes," he said. "If you're blind and have one leg ... I won't worry about you anyway."


The bill was part of a plan to cut prison spending by $1.2 billion this year to help reduce the state's $24 billion deficit.

Administrative cuts

Besides the $525 million in savings in the bill, another $665 million would be saved by Schwarzenegger's actions. For example, the governor plans to use his authority to commute the sentences of some nonviolent illegal immigrant inmates and hand them over to federal authorities for deportation.


The governor also plans to cut costs by eliminating vacant administrative positions at the corrections department's Sacramento headquarters and reduce funding for rehabilitation programs.


The provisions of the bill that the Senate approved are:


-- $42 million saved by allowing the early release of inmates who complete certain rehabilitation programs, such as by earning GEDs and taking vocational training classes.


-- $134 million saved by reducing the influx of new prisoners by changing some property crimes that now qualify as felonies to misdemeanors. Petty thefts, writing bad checks and receiving stolen property would no longer be charged as felonies. Stealing cars valued at $2,500 or less could be charged as misdemeanors instead of an automatic felony.


-- $120.5 million saved by allowing certain inmates to finish their sentences at homes or hospitals under GPS monitoring. Qualifying inmates would need to be at least 60 years old or severely ill and have less than one year to serve.


-- $30 million saved by allowing certain felons who violate probation to serve time in county jails instead of having them sent back to prisons.


-- $198.5 million saved by changing the state's parole system so that some low- and moderate-risk offenders would not be subject to parole revocation. Also, certain serious offenders would be eligible for early parole discharge if they successfully complete drug treatment.

E-mail the writers at myi@sfchronicle.com and wbuchanan@sfchronicle.com.

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/08/21/MNQS19BFR3.DTL