The Aging Prison Population

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.