The Aging Prison Population
Published June 17, 2009 @ 09:24AM PT

As federal and state lawmakers try to trim their budgets this year, they're looking at a solution long considered taboo - releasing long-term prisoners. America's prison population is aging quickly, and states have considered early release for elderly prisoners as a cost-cutting measure. But releasing inmates, especially those who have served decades for crimes like murder and sexual assault, raises ethical questions for society at large: Are these prisoners a threat and, if so, to what extent? Is it fair to the victims, and their survivors, to release criminals before their sentences are up? As our prison populations swell with younger inmates, are the older prisoners getting off easy due to overcrowding and budget fights in state capitals?
According to the most recent federal Bureau of Justice Statistics, 4.3% of all inmates in the U.S. in state or federal prisons, or in local jails, were over the age of 55 as of mid-year 2008, compared with 3.5% at mid-year 2004. That 23% increase easily trumps the 7% increase in overall inmates in U.S. federal and state prisons.
According to "Public Health Behind Bars: From Prisons to Communities" by Robert B. Greifinger, Joseph A. Bick and Joe Goldenson, it costs $70,000 per year to house older prisoners, two-to-three times more than that of younger prisoners. California in 2006 had 5% of its inmate population over the age of 55 but that population accounted for 22% of the off-site hospital admission costs the state saw that year. This situation will only worsen in the years to come.
It's puzzling that there is no national definition for geriatric in prisons. Outside of penitentiaries, the age is 65 years or old, but in prisons each state defines geriatric differently. Worsening this situation is that studies have shown prisoners experience "accelerated aging" compared to their peers in the free world. This effect unfortunately complicates the already poor health profile of poor inmates, who already face challenges and inequities thanks to the U.S. health care system. Ultimately, older prisoners get chronic illnesses and experience disabilities at younger ages, making the "geriatric" definition irrelevant. In other words, these people need help earlier than others and are not getting it.
For some victims of crime, however, releasing prisoners before they've served their sentences means sacrificing fair justice and public safety.
This year, Illinois lawmakers voted down a proposal facilitating a path to parole for prisoners over 50 who have served more than 25 years. It was the third year in a row the bill failed in the state legislature. One couple, Mike and Sandy Zogg, advocated against the bill because they believe the man convicted of killing their daughter should serve his full sentence.
“A man kills and rapes someone and gets out in 25 years? I don’t think so,” said Mike Zogg. “He can get out in 25 years if I get my daughter back in 25 years.”
The U.S. prison system should be more than that vast warehouse in Indiana Jones, holding collections of boxed up artifacts that, if used improperly, could destroy the world. But we as a society also have to address the hardships victims and survivors go through every day to make sure perpetrators are not released before their time. Given that people are living longer these days, this conversation is only going to get more difficult. For now, financial hardships in Washington and local capitals will likely supersede any national discussion focused on what to do with elderly prisoners.
Photo: An elderly prisoner at Texas' Estelle Unit, from a moving series by Mark Hancock.
Share this Post
Related Posts
-
Massachusetts Steps Away from Mandatory Minimums
-
Another Reluctant Prison Plan from the Governator
-
Shipping Prisoners Out of Sight
Comments (21)
Comments on Change.org are meant for further exploration and evaluation of the ideas covered in the posts. To that end, we welcome constructive comments. However, we reserve the right to delete comments that are offensive, abusive, or off-topic; that contain ad hominem attacks; or that are designed to subvert or hijack comment threads rather than contribute to them. Repeat offenders may be permanently removed from the site at our discretion.
Author
-
Alex Davidson is a newly-minted freelance writer. He previously worked for Forbes magazine and Dow Jones, where he regularly wrote for The Wall Street Journal. He is also the president of the New York Chapter of the National Lesbian and Gay Journalists Association.
Facebook
Twitter
Digg
StumbleUpon
Delicious
Email


















The arguments for continuing to incarcerate older prisoners typically focus on the horrible consequences of the crime. However, in many cases inmates gain elder status not necessarily because of a heinous crime, but as a result of habituation statutes or simply draconian sentences associated with crimes that have been far less harmful than that suffered by the Zoggs. I know of inmate serving 44 years as a result of being habituated for attempted felony trespassing. The Scott sisters in Mississippi are serving double-life sentences for having been present outside a convenience store where a robbery took place that netted less than 20 dollars and in which no one was injured. Such are some of the young people who will grow old in the prison system at great expense to the rest of us.
I can uderstand the continuing anger and desire for vengeance on the part of victims like the Zoggs, but their situation alone falls short of a global reason for incarcerating all the elderly.
Posted by william newmiller on 06/17/2009 @ 09:50PM PT
You must be signed in to report content.
I agree with this. Many punishments do not fit the crimes of the past. Possession of marijuana, is one. How many people are still in jail for that one, or for being in the wrong place at the wrong time. Obviously, some criminals must never be allowed out, but I think there are many in jail who should not be there. There are flaws in the legal system as with any other system. We have to reevaluate just how we handle criminals, especially first-time offenders who have not harmed or assaulted another.
Posted by Barbara McNamara on 06/17/2009 @ 10:12PM PT
You must be signed in to report content.
I pray that the Scott sisters don't grow old in prison along with many others who do not deserve to be in prison in the first place!
Posted by ACTION COMMITTEE FOR WOMEN IN PRISON on 06/22/2009 @ 03:57PM PT
You must be signed in to report content.
I hope my comment about the Scott sisters didn't come off as pessimistic. Justice in their case is long overdue, and if the system has its way, justice will never come. I use their case only to make the point that without change, many who need not--who should not--grow old in prison will.
Posted by william newmiller on 06/23/2009 @ 07:34AM PT
You must be signed in to report content.
The prisons are too overcrowded to keep everyone in,Plus all the prisons have bad health care. There should only be long sentences for violent criminals and not have long prison sentences for Drug addicts and thiefs.
Posted by Martin Martinez on 06/18/2009 @ 08:04AM PT
You must be signed in to report content.
Alex Davidson posits a special right for a crime victim to see the criminal suffer to a degree that somehow balances the crime. I don't believe this right is based in the U.S. Constitution, and it certainly is not based in the Bible (which mandated cities of refuge, and which allowed money reparations for personal damage).
The purpose of law is to protect and regulate and benefit society. Civil law allows the recovery of damages, but criminal law has no legitimate business exacting vengeance on behalf of victims or their proxies.
Posted by Harvey Cohen on 06/21/2009 @ 06:02PM PT
You must be signed in to report content.
As Zogg points out in his desire for vengeance, his daughter cannot be brought back to life, regardless of the pain inflicted upon her perpetrator. At the same time, it is a tragedy that our system's only notion of justice is one of "just deserts," which can in never truly be satisfied (it cannot undo past transgressions) and only result in the loss of more lives. How can we seek a different justice in which victims search for healing through alternative means than retribution; means that do not depend solely on what happens to the perpetrator, but reparations and healing for victims and their families?
In addition, inmates even inmates who have been released after serving full sentences have difficulty transitioning back into life in the free world, in part due to lack of community support. Our communities have to be prepared to support the transition from institutionalization to life in the free world. Inmates leave prison with nothing and often have nowhere to go. Finding a home and an income as well as the emotional and psychological support needed to move from a total system to an ever changing postmodern world is an ethical question we should be concerned with as well.
Posted by Alexandra Chambers on 06/21/2009 @ 08:39PM PT
You must be signed in to report content.
At age 68, from what they tell me, if I was in prison, and
had to be released into the society.....I would have no where to go. The backlash of the laws in the 80's is going to see
more and more senior citizens and death inside the prisons
Very costly to the public. I advocate a humane way of prison rehabilitation.
Posted by Nancy Noffsinger on 06/21/2009 @ 09:25PM PT
You must be signed in to report content.
If each of my friends and family could forward this to one or two people quickly, we could change this perhaps.
Posted by Nancy Noffsinger on 06/21/2009 @ 09:45PM PT
You must be signed in to report content.
This is a glaring example of who we are keeping in prison! This poor women never harmed anyone and was convicted and denied parole based on the threat she posed! I personally have never considered an 85 year old sick person a threat to myself or any member of my family! It is irrational to consider she was denied parole so many times. Eighty-eight years old, nearly blind and deaf, her mind enfeebled by Alzheimer’s and in the terminal stages of kidney failure, Helen Loheac had hoped to spend her last days at Crossroads, Inc., a transitional home for formerly incarcerated women in Claremont, Calif. For 10 years, Crossroads had been waiting to take her in.
A protest a couple of years ago called for the release
of elderly prisoners like Helen Loheac.
But a few months ago, when Loheac shuffled before the parole board seeking compassionate release, after serving nearly 19 years behind bars on a conspiracy-to-murder conviction, the board told her she would be a risk to public safety if she were freed.
On Jan. 5, Loheac, the oldest female inmate in California’s prison system, died of pneumonia in a hospital near the Central California Women's Facility (CCWF) in Chowchilla, where she had been incarcerated. She was shackled at her waist and ankles, two guards at her bedside.
Loheac, known for her sharp tongue and wit, has become the poster person for the widespread practice in California’s prisons of inhumanely incarcerating the elderly, some of whose bodies are so withered that even simple daily chores become overwhelming.
Posted by Francis Courser on 06/21/2009 @ 09:49PM PT
You must be signed in to report content.
So sad! We must do something as a society from stopping this practice of lock em up and throw away the key mentality. I am doing everything in my power to help these women.
Posted by ACTION COMMITTEE FOR WOMEN IN PRISON on 06/22/2009 @ 04:00PM PT
You must be signed in to report content.
50 states, several thousand county District Attorneys, and countless victims and relatives of victims, as well as wrongly accused and found guilty - what does this add up to? A system that is not a single system at all. The only unifiers have been the US Supreme Court and the 50 state Supreme Courts. None of them have agreed on whether you can age out of punishment just because of your age. The man charged with shooting and killing the guard at the national Holocaust Museum, is over 80 years of age. Does that mean he should be set free after a trial?
Some 30 states and the US Prison system have given up on parole as a means to deal with how and wheather people have changed.
Is there an easy answer? I wish there was but it seems there is not - except to say that the juries and judges, as well as DAs need to figure out what they are really trying to accomplish with a sentance at the front end - look tough; protect public, punish, rehabilitate?
Posted by Ned Hamson on 06/22/2009 @ 05:44AM PT
You must be signed in to report content.
The "lifers" I've met were some of the most kind, caring, people I've ever met, deeply concerned about each other and their families and those who have been hurt by their actions, and anyone else they meet who is sincere, and about what is happening in the world. They have worked deeply on themselves and been through years of programs that have brought them deep healing, earned degrees, helped innumerable others in and out of prison. They struggle with the issues of guilt and the responsibility they have taken on as a result of their crimes; with whether and how much suffering and/or service is enough to balance out what they did. And yes, many of them should never have been in prison or for so long; having made one stupid mistake when they were young, or having been with someone else who perpetrated a crime that was never intended, or having had bad representation in the court system. They have received terrible health care; the food they eat would kill me in a month. The gross and petty cruelty they endure on a daily basis is abominable to me; I don't think I could survive it.
Administrators and staff of these prisons who are so deeply indoctrinated that all of the prisoners are bad people and con artists often cannot see when that is not true; they do not see when an inmate has truly changed and even when they do see it, they cannot do anything about it nor change their behavior toward them; they too are incarcerated in the system. Elected officials who are sympathetic to the problems faced by inmates will for the most part, not do much to change them; being terrified to be seen as "soft on crime" and losing their positions.
I cannot imagine going decades and decades never being able to get out past the barbed wire, never walking on a beach or through the woods, never being hugged or touched with tenderness. The strength and courage the inmates I know exhibit is incredible. Some become like saints, sparkling and loving and healing to all who have the honor to be in their presence. They would be a great asset to society if they were released. Yet they die alone without friends or relatives, or chained to beds in hospitals, from diseases they should not have gotten or that would not have festered if they'd been cared for properly.
As for victims and their families, not all of them are angry, and revenge doesn't heal anger or bring relief. They too need a deep healing process that is not provided by the system. And there are now some programs that bring healing and forgiveness and completion, that could be instituted widely.
When a perpetrator and a victim can fall into each others arms in true resolution, then will society be healed. The present system does not promote that, but CHANGE is in the air. Let us question all of our previous assumptions and re-evaluate all of the systems that are not functional, and create a new world where the traumas of the past can be healed and all can flourish and grow.
Posted by Elaine Tyson on 06/22/2009 @ 06:59AM PT
You must be signed in to report content.
I don't think anyone should have to spend the rest of thier lives in jail. The elderly and aging should be let out to have a chance at life again. These people just made mistakes, so what? Everyone does. Sure, their mistakes were worse, and had dire consequences, but they were still just mistakes. Twenty years in jail after making one mistake on one day in their lives is more than enough. Do you really think they're going to make the same mistake again after twenty or more years wasted in jail? I don't.
Posted by Corey Bridges on 06/22/2009 @ 07:07PM PT
You must be signed in to report content.
Absolutely, release elderly prisoners! What a lot of freedom/justice-loving Americans don't know is that the US imposes some of the harshest, longest prison sentences in the world. The more modern nations recognize that there is no need to keep the elderly in prison. No one is talking about releasing mass murderers, but about allowing common sense to replace our brain-dead Get Tough On (fill in the blank) approach.
Our political leadership has never been accused of using common sense; nothing will happen unless we push hard enough. We very simply cannot afford the prison state we've built over the past quarter-century. NO other nation imprisons a greater percentage of its population than the US. Injecting some common sense into the justice system would save the government billions of dollars -- and that's an argument that most legislators can understand..
Posted by DH Fabian on 06/23/2009 @ 07:57AM PT
You must be signed in to report content.
May God Bless the Zogg family and their daughter--I hope peace and happiness can be attained with such a tragedy.
I have a brother in Pennsylvania serving a life sentence. I have advocated for parole reviews for those convicted with second degree murder charges. Why second degree? In the Crimes Code Statutes of this Commonwealth under Title 18-Chapter 25-section 2502 it describes first and second degree murder as two separate acts. The proposed parole reviews must be based on merit and only those convicted in the second degree. Like Ilinois, the 25 years served and 50 years of age must be attained.
As far as costs to the public dollar, the costs keep soaring by adding more and more cell space. Quanity of cell space does not equal quality of inmate. If the Zogg family can accept the fact that Corrections is a business first and justice comes second, may be the forgivness after 25 years can be attained.
In our state of Pa. corrections costs have surpassed higher education tuition aid. This is just unacceptable in our Great Nation and I ask where is the outrage? My brother is now 51 years of age and after 32 years of mostly good time and accomplishments, he is breaking down due to being diabetic. My brother Ken was recently turned down by the Pardons Board for a public hearing. Being as fragile as he is there is not much left in his natural life. He is a felon forever and society will only view him as such. My prayers are with the Zogg family.
Posted by Willaim Torbeck on 06/23/2009 @ 08:00AM PT
You must be signed in to report content.
Absolutely, release elderly prisoners! What a lot of freedom/justice-loving Americans don't know is that the US imposes some of the harshest, longest prison sentences in the world. The more modern nations recognize that there is no need to keep the elderly in prison. No one is talking about releasing mass murderers, but about allowing common sense to replace our brain-dead Get Tough On (fill in the blank) approach.
Our political leadership has never been accused of using common sense; nothing will happen unless we push hard enough. We very simply cannot afford the prison state we've built over the past quarter-century. NO other nation imprisons a greater percentage of its population than the US. Injecting some common sense into the justice system would save the government billions of dollars -- and that's an argument that most legislators can understand..
Posted by DH Fabian on 06/23/2009 @ 08:01AM PT
You must be signed in to report content.
PLEASE check out "Restorative Justice"! It is a growing movement that seems to have better results than business-as-usual, aka "Punitive Justice". Here's a link about restorative justice in Brazil.
http://bit.ly/tcjdD
Posted by Alan Seid on 06/25/2009 @ 09:23PM PT
You must be signed in to report content.
Many people are in prison who don't belong there. Each case should be investigated and release those who have not committed violent crimes regardless of age. Those who have murdered in cold blood under special circumstances should have a real close look before they are paroled. House arrest would be OK with being allowed to go back and forth to work for most prisoners who are elderly.
Posted by Otto VonAuchvetter on 06/29/2009 @ 08:38PM PT
You must be signed in to report content.
I agree. Everyone needs to support Jim Webb's bill "National Criminal Justice Commission Act of 2009" - This will look at everything that is wrong with our Justice system and propose solutions. In my opnion one of the Criminal Justice issues that needs the most attention is marijuana law reform. Now is the time to AT LEAST drcriminilalize this substance which is proven to be less harmful than tobacco or alcohol. Everyone please let your representitives know that supporting marijuana reform is not "political suicide," and now is the time for change! However you must be the change that you want to see in this world, so please, help change these unjust laws.
Posted by Owen Morgan on 07/10/2009 @ 07:31PM PT
You must be signed in to report content.
I agree with Owen Morgan bout supporting the National Criminal Justice Commission Act of 2009. Let's LOOK at these issues with a mind to what is right. Decriminalizing the "personal" use of marijuana would go a long way to prevent NEEDLESS incarceration of our young people.
Also, I think it's important to look at each case individually during sentencing. If it is a non-violent crime, let's stop sending people to prison for YEARS & YEARS. What a waste of a life and tax payers money.
Posted by P Carlson on 07/20/2009 @ 11:33AM PT
You must be signed in to report content.