The Growing Crisis of Aging in Prisons.

by Justyna M. – Criminal Justice

This article is based on the comprehensive research published by the Prison Policy Initiative titled “The Aging Prison Population: Causes, Costs, and Consequences.” As the latest Census Bureau data reveals, the U.S. population is aging — but our prison population is aging even faster. In this analysis, we will explore the troubling reality of incarcerating older adults, focusing on the inhumane conditions, mounting costs, and counterproductive policies that contribute to this growing crisis. Through the lens of expert findings, we’ll uncover why keeping older individuals behind bars is not only detrimental to their health and well-being, but also costly for society.

The aging prison population: Causes, costs, and consequences | Prison Policy Initiative

New data from the U.S. Census Bureau shows that the nation’s median age has risen to a record 38.9 years. However, the prison population is aging at an even faster rate, with older adults representing a growing portion of those incarcerated each year. This trend is a direct result of long-standing policy decisions in policing, sentencing, and reentry programs over the past five decades. Prisons are dangerous for people of all ages, but for older adults, the consequences are particularly dire, with incarceration significantly accelerating aging and leading to higher healthcare costs. This article will explore the aging prison population, its causes, and the heavy burden it places on both individuals and the prison system.

The Aging of the Criminal Justice System

Older adults are increasingly becoming part of the criminal justice system. In 2000, only 3% of adult arrests involved people aged 55 or older, but by 2021, that number had jumped to 8%. The COVID-19 pandemic further highlighted this trend, with the jail population aged 55 and older growing by 24% compared to other age groups, which saw an average increase of 15%. As of 2021, 15% of the state and federal prison population was aged 55 or older, compared to just 3% in 1991.

Even more concerning is the aging of those serving life sentences. By 2020, 30% of people serving life sentences were at least 55 years old, with over 61,400 people facing the prospect of dying behind bars. These numbers underscore the impact of decades of harsh sentencing laws and inadequate release mechanisms for older prisoners.

Health Risks of Incarcerating Older Adults

Prisons are inherently unhealthy environments, but the risks are magnified for older adults. Research shows that incarceration accelerates aging, with prisoners experiencing chronic and life-threatening illnesses much earlier than expected. Prison healthcare is often understaffed and underfunded, leading to a situation where each year in prison shortens life expectancy by two years. Older prisoners, particularly those in solitary confinement, face deteriorating physical, mental, and emotional health. Currently, over 44,000 people aged 45 or older are estimated to endure solitary confinement in state prisons annually.

The Soaring Costs of Incarcerating Older People

The costs of incarcerating older adults are staggering. In California during the 1990s, the state spent three times as much on older prisoners than on younger inmates. Today, the proportion of people over 50 in California’s prison system has risen dramatically, with older adults now representing 25% of the prison population. In 2013, the federal Bureau of Prisons spent $881 million — nearly 19% of its total budget — on incarcerating older adults. The costs continue to rise as prison healthcare spending increases to meet the needs of this vulnerable population.

Minimal Risk of Recidivism Among Older Adults

Despite the costs and dangers, older adults pose little risk to public safety. Research shows that individuals aged 65 and older are the least likely to be re-arrested following their release from prison. Decades of data have consistently shown that older adults are less likely to be re-arrested, re-convicted, or reincarcerated than their younger counterparts.

The Impact of “Tough on Crime” Policies

The aging prison population is largely the result of “tough on crime” policies enacted in the 1970s through the early 2000s. These policies included mandatory minimums, “three strikes” laws, and “truth in sentencing” requirements, which lengthened sentences and limited parole eligibility. As a result, many individuals incarcerated during this time are now aging in prison, often for crimes committed decades ago. Additionally, policing practices disproportionately target older, vulnerable populations such as the homeless and those with cognitive disabilities, further contributing to the aging prison population.

Solutions: Parole and Compassionate Release

Although tools like parole and compassionate release could help address the aging prison population, they remain underutilized. Parole boards frequently deny older adults’ release based on the nature of their original offense, rather than their current health or readiness for reentry. Compassionate release programs, designed for those with terminal or chronic illnesses, are often hampered by bureaucratic delays, resulting in many prisoners dying before their cases are even reviewed.

States like Iowa do not even have compassionate release programs in place, while others have overly restrictive eligibility requirements. The result is that prisons are increasingly becoming nursing homes for the elderly, with inadequate staff and resources to provide the necessary care.

Barriers to Reentry for Older Adults

Even when older adults are granted release, they often face significant challenges in reentering society. Many struggle to find housing, healthcare, and employment due to the stigma of incarceration. Expanded support systems, including access to healthcare (such as Medicare and Medicaid) and Social Security benefits, are crucial for helping older adults reintegrate into society after their release.

Conclusion

The aging prison population is a crisis created by decades of misguided policies that harm both incarcerated individuals and society as a whole. Reducing the number of older adults in prison will require a multi-faceted approach, including more compassionate release mechanisms, expanded parole opportunities, and greater social support for those reentering society.

By addressing these issues, we can not only improve the lives of older adults but also make more efficient use of public resources and create a fairer, more humane justice system.