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

Our Bodies, Growing Older, In Prison.

Excellent recommendations out of this report - this is really the kind of thing that good citizens should print up and mail to their legislators en masse, with an explicit demand that they stop using our tax dollars to brutalize older women beyond the point at which "justice" could possibly be served...

This list-serve is worth joining, if you haven't already. The link is at the bottom.
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Dear UNSHACKLE friends,

I came across an article on aging in prison the other day, and was reminded of a moving paper by Donna Willmott (Legal Services for Prisoners with Children) on the health of older women in California prisons, which was presented at a workshop on 'Women, Incarceration and Human Rights' at Emory University early this year.

You can download Legal Services for Prisoners with Children's report Dignity Denied: The Price of Imprisoning Older Women in California on the conditions of confinement for the more than 350 women over the age of 55 in state prisons, and makes several policy recommendations including early release:
Full Report: http://www.prisonerswithchildren.org/pubs/dignity.pdf
Executive Summary: http://www.prisonerswithchildren.org/pubs/dignity-ES.pdf
The Executive Summary is also pasted below.

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

www.champnetwork.org/unshackle

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Dignity Denied: The Price of Imprisoning Older Women in California

Executive Summary

A Report by Legal Services for Prisoners with Children

1540 Market Street, Ste. 490

San Francisco CA 94102

(p) 415-255-7036 (f) 415-552-3150


www.prisonerswithchildren.org

For more information contact Heidi Strupp (ext. 321) or Donna Willmott (ext. 319).


Elder prisoners are costly to care for, yet research indicates that many of these older inmates represent a relatively low risk of reoffending and show high rates of parole success. We estimate that [releasing nonviolent prisoners over 55] would result in state savings of approximately 9 million in the budget year and significantly more in the out-years without jeopardizing public safety. – Legislative Analyst’s Office, 2003.1


Some older inmates may be good candidates for community placement. Perhaps some who committed murder a long time ago truly no longer pose a threat to society. – California Department of Corrections, 1999.2


Prisons are alien and intimidating to the sensitivities and vulnerabilities of old age and illness. In short, providing care in prison settings poses significant challenges to ethical and effective medical practice. - National Institute of Corrections, 2004.(3)



Staff says all inmates are to be treated just alike. There is no differentiation, whether you’re old, crippled or whatever. – Myrtle Green, 73






The only fear I’ve got is dying in prison. – Martha Roberts, 82 (4)



Aging Prisoner Crisis

California legislators currently face an urgent fiscal crisis generated by the graying of the state’s prison population. Because of “tough on crime” policies such as mandatory minimum sentences, the “Three Strikes” law, and a general reluctance to release long-term prisoners on parole, more Californians are growing older in prison than ever before. Additionally, prisons are not geared to the specific needs and vulnerabilities of older people.


The continued incarceration of frail elders – who represent the smallest threat to public safety but the largest cost to incarcerate – embodies failed public policy. California policymakers have an opportunity to create meaningful solutions to this crisis by taking measures to ensure the rights and dignity of older prisoners and create community-based alternatives to their incarceration. Such measures are in accordance with a social commitment to ensuring that society’s elders live out their lives in dignity, and are ultimately in the interest of building a safer California.



Scope of the Problem

§ According to the most recent statistics, the state incarcerated approximately 7,550 persons over the age of 55.5 It is estimated that by 2022, more than 30,000 older persons will be incarcerated in California.(6)

§ The annual cost of incarcerating an older prisoner is nearly double that of a younger prisoner, approximately $70,000 a year.(7)

§ Older prisoners have the lowest rates of recidivism of any segment of the prison population and have the highest rates of parole success.(8)

§ Older prisoners face a unique set of health and safety concerns as they grow old in a system not designed to address their specific needs.


Concerned by this situation, Legal Services for Prisoners with Children (LSPC), a prisoner advocacy organization, spent nearly two years investigating the health and safety concerns of older women prisoners. As part of the investigation, LSPC surveyed 120 women prisoners over 55 incarcerated in the California state prison system, which represents approximately 34% of over 55 female prison population. Additionally, LSPC conducted a series of semi-structured interviews with older women prisoners, their families and friends. The results of this investigation as well as policy recommendations are presented in our report Dignity Denied: The Price of Imprisoning Older Women in California.


Summary of Findings

§ Older prisoners must contend with prison rules that require them to drop to the ground for alarms, climb onto top bunks, and undress for strip searches. Additionally, the built environment (for example, the limited number of bottom bunks, cells without handrails, and long-distance walks to the dining hall) contributes to making life difficult for older people.

§ Most older women prisoners are housed eight to a cell with only minimal consideration for an individual’s age, health status, or physical limitations. While many older women articulate the frustrations of overcrowding, noise, lack of privacy, and intergenerational tensions, they also reaffirm the importance of maintaining social relationships with younger prisoners.

§ There is no retirement age in the CDCR; all but the most ill and disabled prisoners are required to work or participate in a prison program. Failure by prison staff to adequately consider an individual’s age, abilities, health status, and physical limitations when issuing job assignments routinely puts older prisoners at risk for injury.

§ The CDCR’s systemic failure to provide humane medical care was a prominent theme in the surveys. Respondents cited several issues: the barrier to care imposed by the $5.00 co-pay, long delays in receiving treatment, difficulties in obtaining medication in a timely manner, lack of preventative care, inadequate nutrition, and lack of mental health services (this appears to be the norm in terms of prison medicine, not the exception - P).

§ Older women reported a pervasive fear of abuse, from both fellow prisoners and staff.

§ Nearly half of older women responded “yes” to questions that are indicators of depression. The majority identified outside support of family and friends as their greatest source of emotional support during their incarceration.


Statistics at a Glance

§ Three out of four respondents are serving sentences of either Life or Life Without Parole. (n = 90/120)

§ Almost half of respondents have been in prison more than 16 years. (n = 56/120)

§ Half of respondents identified domestic violence as a factor in their crime. (n = 61/120)

§ Over half of respondents report falling in the last year. (n = 61/120)

§ Nearly half of respondents report being injured performing a prison routine, such as climbing onto top bunks, dropping to the ground for alarms, undressing for strip searches. (n = 51/120)

§ One out of four respondents reported difficulty getting help during an emergency. (n = 33/120)

§ Two out of three respondents report being assigned to a prison job difficult to perform, such as janitorial positions, yard crew and kitchen duty. (n = 73/120)

§ Nearly half of respondents experience difficulties paying the $5 co-pay.(n = 51/120)

Recommendations

LSPC presents two categories of recommendations: measures to reduce the number of older prisoners, and short-term recommendations to ameliorate the conditions of confinement faced by older prisoners. Geriatric prisons are not a recommended solution because of CDCR’s troubled history of providing specific and specialized care to its most vulnerable prisoners. Highlighted recommendations follow.

Reduce the Numbers of Older Prisoners:

§ Implement the Legislative Analyst’s Office (LAO) recommendation to save the state over $9 million dollars in a single year by releasing all nonviolent prisoners over 55 on geriatric parole.

§ Expand the Compassionate Release law to include older and disabled prisoners.

§ Establish a home monitoring program for older prisoners to serve the remainder of their sentences on home confinement.

§ Reform current parole policies to ensure release for eligible prisoners serving indeterminate sentences

§ Repeal California’s “Three Strikes Law” to curb the exponential increase of the elderly prisoner population.

Improve the Lives of Older Prisoners:

§ Establish training for correctional staff on working with older prisoners.

§ Appoint an ombudsperson who reports directly to the legislature about CDCR’s progress in enforcing new policies aimed at meeting the specific needs of older prisoners.

§ Establish a yearly comprehensive geriatric assessment for prisoners over 55.

§ Establish an “over 55” status affording older prisoners age-specific consideration and assistance regarding housing, programming, and activities of daily life.

§ Designate a certain number of cells within the general population housing units as “over 55” cells.

§ Establish a retirement policy for prisoners coupled with the development of age-appropriate activities.

§ Work with community volunteers and organizations to establish age-appropriate programs and activities specially geared to seniors.

§ Conduct health education classes available to prisoners on aging that include information about the unique health and psychosocial issues faced by older people.

§ Eliminate the $5 co-pay prisoners are required to pay for medical visits. (Arizona recently recommended increasing co-pays, from $3 to $5 per visit - a lot of money for a disabled, older prisoner. What is the real point, other than to dissuade people from seeking treatment? - P).

§ Allow pre-release prisoners to apply for MediCal benefits prior to release to ensure that benefits begin immediately upon release.

§ Establish case managers to coordinate pre-release planning and post-release services designed to address the specific concerns of elderly parolees.

References:

1 Legislative Analyst’s Office, Analysis of the 2003-4 Budget Bill, Judiciary and Criminal Justice, Department of Corrections, February 2003.

2 California Department of Corrections, An Internal Planning Document for the California Department of Corrections, Older Inmates: The Impact of an Aging Inmate Population on the Correction System, Chris Cummings, 1999.

3 U.S. Department of Justice, National Institute of Corrections, Correctional Health Care: Addressing the Needs of Elderly, Chronically Ill and Terminally Ill Inmates, NIC No. 018735, February 2004.

4 Not her real name.

5 California Department of Corrections, Data Analysis Unit, Prison Census Data as of December 31, 2004, Ref. No. CENSUS1, February 2005, Table 5.

6 Legislative Analyst’s Office, Analysis of the 2003-4 Budget Bill, Judiciary and Criminal Justice, Department of Corrections, February 2003.

7 U.S. Department of Justice, National Institute of Corrections, Correctional Health Care: Addressing the Needs of Elderly, Chronically Ill and Terminally Ill Inmates, NIC No. 018735, February 2004.

8 Jonathon Turley. Statement of Professor Jonathan Turley: California’s Aging Prison Population, Before a Joint Hearing of the Senate Subcommittee on Aging and Long Term Care, Senate Committee of Public Safety, and the Senate Select Committee on the California Correctional System, February 25, 2003.


1540 Market Street, Suite 490, San Francisco, CA 94102

(p) 415-255-7036 (f) 415-552-3150

www.prisonerswithchildren.org | info@prisonerswithchildren.org

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