Aging Behind Bars

Guest Blog Post By Criminal Justice Degree HubThe elderly population in prison is rising at a staggering rate. The consequence of mass incarceration and strict sentencing policies at the federal and state level, older prisoners require more expensive care at a time when their danger to society at large is waning. Most are likely to die in prison, as programs designed to release such prisoners on compassionate grounds are rarely invoked, and don’t have much potential to reduce the population of elderly prisoners. Continued high rates of long-term incarceration of the elderly are likely to add billions to state and federal criminal justice budgets.

Source: Criminal Justice Degree Hub The Rise of the Elderly Prison Population
Between 2007 and 2010, the number of state and federal prisoners age 65 or older grew 94 times faster than the overall prison population.
Between 1981 and 2010, the number of state and federal prisoners age 55 and over increased from 8,853 to 124,900. By 2030, that number is projected to grow to 400,000, an increase of 4,400 percent from 1981.

4 Types of Elderly Prisoners

Old offenders
Age at 1st incarceration: 50 or older
Sentence length: 20 years or more
# of terms: 1st prison term
Crimes committed: Murder or sex crimes

Young long-term prisoners
Age at 1st incarceration: Younger than 50
Sentence length: Varies
# of terms: Either 1st term or repeat offenders
Crimes committed: Murder, armed robbery, rape, repeat drug offenses

Repeat prisoners
Age at 1st incarceration: Younger than 50
Sentence length: 20 years or more
# of terms: 2nd or more
Crimes committed: Burglary, theft, drug possession

Young short-term offenders
Age at 1st incarceration: Younger than 50
Sentence length: Less than 20 years
# of terms: 1st
Crime committed: Burglary, theft, drug possession
Why The Elderly Are In Prison
The overall prison population has doubled during the past 20 years from 739980 prisoners in 1990 to 1543206 prisoners in 2010 due to truth-in-sentencing guidelines and “three strikes” laws.
The number of inmates serving life sentences quadrupled between 1984 and 2008; inmates who live a long time with life sentences will grow old and are most likely to die in prison.
The number of inmates sentenced to life without parole more than tripled between 1992 and 2008.

Government Fiscal Impact
Care for aging prisoners is at least twice as expensive than for younger prisoners because this population:
* Has more health problems and requires more medical care
* Requires longer and more frequent hospitalizations
* Needs care outside of the prison system, which represents 72 percent of all healthcare costs spent on aging prisoners

Managing the Problem
By the time a person turns 50, the likelihood of that person committing another crime has dropped precipitously. Only 16.9 percent of prisoners released at age 45 and older return for new sentences.
Policies that could reduce the number of aging prisoners include:
* Granting conditional release for aging prisoners who pose little safety risk
* Utilizing and expanding medical parole
* Reauthorizing and expanding aging prisoner release programs
States could save an average of $66,294 every year for each released aging prisoner, which accounts for increased parole, housing and public benefits costs.
Impact of annual cost savings of releasing the average aging prisoner versus keeping them behind bars:
* Low, $28,362
* Medium, $66,294
* High, $104,434.

SOURCES
Bureau of Justice Statistics, Human Rights Watch, American Civil Liberties Union, Pew Center for the States

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Right on Time: Juvenile Justice Resource Centers for Advocates

The Justice Policy Institute has a special position in the social justice world in that we address adult criminal justice issues, in addition to juvenile justice issues. Our research runs the gamut, analyzing data to understand racial disparity in the adult and juvenile systems, commenting on upticks in incarceration, and making connections to policies and practices that affect incarceration rates and trends.

Recently, our reports like "Common Ground," addressing the recent trend in the reduction of juvenile confinement reform across the U.S., and our series on Washington, D.C. youth, have kept us grounded in juvenile justice -- an area that advocates and the general public are increasingly gravitated towards in an effort to eliminate the school-to-prison pipeline.

With Attorney General Eric Holder's announcement Tuesday that the Justice Department will prioritize fixing a "broken" justice system, advocates, policymakers and practitioners, are propelled to continue reform work. And now, the icing on the cake is that there’s a new resource out there to help advocates, policymakers, and practitioners make communities safer and improve outcomes for youth.

The John D. and Catherine T. MacArthur Foundation today announced the launch of the new Models for Change Resource Center Partnership. As a part of the partnership, four new Resource Centers will be available to help provide judges, prosecutors, defenders, policymakers, advocates, probation officers, and mental health and social service agencies with much needed technical assistance, trainings, tools, and resources to help advance juvenile justice reform across the country.

Over the last decade, there have been juvenile justice reform efforts in 35 states. Much of this work is grounded in the seminal research funded by the foundation that showed that adolescents are fundamentally different from adults, and that treating juvenile offenders as adults, relying on incarceration, and failing to commit resources to rehabilitation and treatment is expensive, jeopardizes public safety, and compromises future life chances for young people in contact with the law.

The Prison Phone Predicament

By Victoria Ravenel

Have you ever considered the importance of prison phones?

Keeping incarcerated individuals in contact with the outside world is immensely important to their re-entry into society – a smooth transition lessens the likelihood of repeat offenses.

But phones cost money, even in prison. So who pays?

As I learned through coverage in the Los Angeles Times' and at the Leadership Conference for Civil Rights (LCCR) on July 25, it is not the incarcerated persons, but the families and taxpayers who must pay the unreasonably high costs of prison phone calls. 

And just what are the costs? This skit, put on by LCCR organizers helped me and a host of social justice interns from Washington, D.C.,  see not only the monetary costs, but the impact on communication between the incarcerated and their families as well.

Background: This scenario features a mother of three whose husband has been incarcerated for five years. All of her children are in school and the oldest child is applying for college this month. Between the mother and her oldest child, both have been working overtime but there is one more application fee to be paid for. After groceries, rent, and transportation they both only have enough to pay for the last application fee.

Prison Phone Call Transcript

*phone is ringing*

Loved one: Hello?

Operator: I have a collect call from John Wilson.  Would you like to accept the charges?

Loved one: *looks at money left* I’m sorry.  I’ll decline the charges.

Operator: Ok. Thank you. Have a nice day.

*hours later…phone is ringing*

Loved one: This is Mary, how may I help you?

Operator: I have a collect call from John Wilson.  Would you like to accept the charges?

Loved one: *sighs* Sure. That’s fine.

Operator: Ok.  Ma’am you do realize that because this call is taking place in Virginia and is going out to Maryland that you will be charged a $4.95 connection fee?

Loved one:  Ok. I understand. Put him through.

Impacted person:  Hey, how is everything?  I called you guys earlier.

Loved one:  I know.  I know.  I couldn’t accept the call just yet.  I was picking the girls up from school.  Never mind that, how are you holding up?  Are you eating?

Impacted person:  Just missing you guys.  I want to hear about the girls though.  Have any decisions been made yet on schools?

Mobbing, er, Missing the Point

Just Policy Blog Guest Post
By Angela Rudolph

Illinois Gov. Pat Quinn on May 18, 2013 signed into law legislation increasing the criminal penalties against individuals who use electronic communication or social media to organize violent flash mobs. Senate Bill #1005 allows a judge to hand down an extended prison sentence to anyone convicted of mob action who used social media or text messaging to organize it. Supporters of the bill argued the legislation is in response to a “growing trend” of large groups using social media such as Twitter and Facebook to organize flash mobs to commit crimes. Lawmakers and police cited summer-break concerns of mob attacks being on the rise, pointing to previous incidences of teens being arrested after groups began randomly attacking each other and pedestrians along Chicago’s Magnificent Mile causing dozens of arrests and multiple injuries.

"We see it virtually every year when the weather gets warm,” City of Chicago Police Superintendent Garry McCarthy said after the Mag Mile attacks. “We were deployed, we were right on top of it and made the arrests. Preventing it is something that's very difficult to do."

"The Times, They Are a-Changin'"

By Peter Leone
In early February 2013, I assumed the role of Acting Executive Director at JPI, an organization I've known and respected since its founding 15 years ago. For the past eight years, I have had the privilege of serving as a member of the Board of Directors, and for the last two, as chair. During my brief tenure here, I’ve made a number of new professional friends and acquaintances.

Earlier this summer, JPI released its first book,  IncarcerationGeneration, a series of reflections written by those who have been most affected by the system as well as those seeking to change it. During the past six months, we also released several reports including Common Ground and Juvenile Justice Reform in Connecticut; both reports describe the forces shaping the decline in juvenile incarceration rates in several states and point to opportunities to develop more humane, cost-effective, and responsive justice policies in other jurisdictions.

Turning Statistics into Reform

By Zerline Hughes

In our field of research, advocacy and technical assistance, it’s every organization’s goal to truly impact policymakers to make a move, enact change, spread the gospel, so to speak, so that our statistics and recommendations turn into action, reform.

In February, thanks to partnerships with organizations like Campaign for Youth Justice, the Annie E. Casey Foundation, the Tow Foundation and the MacArthur Foundation’s Models for Change Initiative, our report, “Juvenile Justice Reform in Connecticut: How Collaboration and Commitment Improved Outcomes for Youth,” which received widespread media attention will be highlighted during Sen. Chris Murphy’s (D-CT) Capitol Hillbriefing Tuesday, July 30, 2013.

The great news is that not only Connecticut’s great work over the last two decades will be highlighted. Two additional states, Ohio and Texas, have made strides and experts will share their successes, best practices that other states should adopt. The briefing comes on the heels of a report released this week disclosing a drop in youth crime entitled, “America's Children: Key National Indicators of Well-Being, 2013,” authored by the Federal Interagency Forum on Child and Family Statistics, of which the Office of Juvenile Justice and Delinquency Prevention is a participating agency.

Independence Day is Subject to Interpretation

By Walter Fortson

Photo credit: PrisonPhotography.org

Each year, Americans across the nation celebrate Independence Day; commemorating the signing of the Declaration of Independence by our forefathers, solidifying our freedom from Great Britain.  With American pastimes of fireworks, sporting events, picnics and parades, every year our citizens don the streets with their children, wearing light-up necklaces and bracelets, showing patriotism to our dear country.
As for me, and millions of others, the concept of Independence Day doesn’t quite resonate; at least not in terms of patriotism. July 4, 1776 was not a celebration for those serving life sentences on southern plantations, and 237 years later, the same demographic struggles with American systems that occlude freedom.

African-American males are the most incarcerated demographic in the nation –and on the planet. From 2008 to 2010, I, too, was a part of that population. Vividly, I recall the feelings and emotions that came with being stripped of my freedom, sanctity, and integrity throughout that period in my life. For those two years, I was property of the state of New Jersey. “810161D” became my identity.

More Together: The Currency in Social Change Networks

Originally posted on the Youth Transition Funders Group Blog, Connected by 25 on Monday July 1, 2013
 

By Guest Blogger Chris Sturgis

I was delighted to hear that Marc Schindler has been named the new Executive Director
at the Justice Policy Institute. He is one of the peeps in my network – someone that I believe, in whatever position he is in, will bring creativity, leadership, and an unswerving commitment to doing what is best for vulnerable youth. Marc’s career has included stops at the Youth Law Center, working with Vinnie Schiraldi at District of Columbia Dept of Youth Rehabilitation Services and Venture Philanthropy Partners.  With expertise in government, philanthropy, and advocacy, Marc is positioned incredibly well as the head of JPI.

In reflecting on his career, I started to reflect on the power of networks. Certainly, the Youth Transition Funders Group is designed around social network theory with hubs that allow both specialization into education, foster care, and juvenile justice, as well as into strengthening weaker links around cross-cutting issues such as employment, mental health, and school-to-prison pipeline.   A formally structured network is important, but there is more to it than that, isn’t there? I’m thinking about this for the first time, so bear with me. I think there are two things that make a network powerful for social change:

1) The WIIF (what’s in it for me) or the reason people are in networks

2) The currency or the expectations for what one puts in and gets out of the network  

Incarceration Generation: The Book by Justice Policy Institute

By Victoria Ravenel        

Contrary to popular belief, crime has not risen over the past decade. It has, in fact, decreased substantially. And yet, at the same time, a mass incarceration pandemic has swept the nation, and the U.S. now locks up more of its citizens than any other country. This crisis spills over into the lives of everyone: the incarcerated person’s family, the victims, the courts, the government, youth, tax-paying citizens, you, me, us.  Whether you know someone who has been incarcerated or not, you are undoubtedly affected in some way.

The “whys” and “hows” of this crisis, its rise over the past 40 years, and the weight it bears on the shoulders of our generation is detailed statistically, anecdotally, and graphically in the Justice Policy Institute’s new book, IncarcerationGeneration (ISBN 978-0-9892928-0-1), released hot off the presses this week. The book of essays is a collaboration between JPI and the leading thinkers and activists in the criminal justice field, covering the people most affected by the criminal justice system such as youth, women, and the mentally ill, and aspects of the broken system including specialty courts, policing, and drug policy.

One of my favorite quotes from the book is found in the foreword, written by New York Times Bestseller Michelle Alexander, author of “The New Jim Crow: Mass Incarcerationin the Age of Colorblindess.” She describes her visit to a school where she could almost taste the rage and pain of so many kids, all of whom knew someone who had been incarcerated.  She goes on to say, “In that silence and in those cries lies a truth that we, as a nation, have been unwilling to face.”

The Summit of Help, but Not Change

By Victoria Ravenel

Criminal justice can get very technical, as I witnessed firsthand earlier this month at the Community Reentry and Expungement Summit’s Ask the Chiefs panel discussion. There are so many different stages in the process of trial and incarceration, and it can be hard to follow.  It didn’t help that what was supposed to be a “discussion” was more like a lecture.

The agencies represented at the panel certainly do a lot to help the victims of the criminal justice system’s shortcomings, but the central message of change was lost in the heat of competition.  With every new question came a carefully chosen answer describing the agency’s achievements and credentials.

The fundamental problem was in the composure of the panelists, who were all so distant from the audience and completely focused on advertising their agencies and less on answering tough questions. I’m here at JPI because I want to ask those tough questions to break the mold and make a difference. The panelists were there to explain the way things are, but were unable to detail how real change was to occur. Question after question was dismissed and referred to an agent of one of the agencies instead of providing a solution.

This frustrated me to say the least. But I’m learning that there is much frustration in the work of criminal justice and reforming a broken system.

Sesame Street Goes to Prison

By Zerline Hughes

“Who are the people in your neighborhood?” and “Lady Bug Picnic” are songs that I know from only one place: Sesame Street.  They are songs my children, 8 and 10, know as well – more than 30 years later.

To most of us 40-somethings and below, Sesame Street is synonymous with childhood memories, friendships, sweet dreams and excitement. The show and its creators have been great at delving into issues that help kids fit in, feel comfortable and understand differences like physical challenges, differences in family structure.

This week, Sesame Street unveils yet another project to help us understand life through our varied lenses: a 30-minute documentary on incarcerated parents highlighted on CBS’ “Sunday Morning.” Wow! Using puppets, youth, and personal stories, Sesame Workshop understood the lacking resources for children of incarcerated parents and developed a film to help children cope and families maintain a healthy environment.

“We were really struck by the lack of resources,” said Sesame Workshop spokesperson on the need to create  such a project. 

Mixing fiction with real life, the show will be distributed to therapists, schools, prisons and service providers. It will not air on the actual show.

New Heights for Voting Rights

By Victoria Ravenel

Last Friday was the end of my first week interning for the Justice Policy Institute, but I didn’t spend it at my computer.  I spent the day outside the office helping to manage a press conference hosted by the Virginia Alliance Against Mass Incarceration, which then led to a rally. 

The topic of concern: giving voting rights back to formerly incarcerated people.  That’s right: after doing time and serving their debt to society, some people in Virginia and three other states, including Kentucky, Iowa, and Florida, still do not automatically regain their voting rights or other civil rights, such as the right to hold public office, the right to purchase firearms, and the right to travel abroad.

An overwhelming 350,000 Virginians have had their voting rights taken away as a result of committing a violent or nonviolent offense. Virginia Gov. Robert McDonnell took a step in the right direction last Wednesday by announcing a new policy allowing automatic rights restoration – but only to those who committed non-violent offenses As a result, there will still be thousands of Virginia residents who paid their dues, but still cannot automatically have voting rights simply because the offense committed was categorized as violent.  Instead, they must wait five years after their release to apply to have their civil rights restored.

Faith-based communities streamed into the Virginia State House Courtyard Bell Tower in central Richmond a week ago to support the cause and hear faith leaders Reverends Mark A. Croston Sr., Darrell Keith White, Edward Hailes Jr., and Emory Berry, Jr. speak on behalf of the disenfranchised. They spoke powerfully, praising the governor for his step in the right direction, but also urging him to go all the way by allowing all formerly incarcerated people to regain their voting rights instead of some. 

People in Prison: They’re Just Like Me

By Walter Fortson
Hannah Gu, a chemical engineering student at Princeton University, is looking forward to attending medical school in the fall of 2014.But she has another passion that isn’t typical of your average doctor-in-training: Lu is a volunteer tutor in New Jersey youth state prisons. Under the Petey Greene Prisoner Assistance Program at Princeton, Lu and other students travel to prisons weekly to assist students in prison trying to earn a GED or college credits.  

“They’re kids who were just kids, forced into this lifestyle, but they’re really great people. They’re just like me!” said Lu, as she recounted her experience to Princeton alumni interested in supporting a national expansion of the Petey Greene program.

Lu is also one of five founding members of the student organization, SPEAR, which is an acronym for Students for Prison Education and Reform. Through SPEAR, Princeton students and alumni are looking for ways to start a Petey Greene chapter in as many colleges and universities as possible across the United States.  

Courage and a Plan

By Adwoa Masozi
This post was originally posted May 14, 2013 on Reclaiming Futures' blog.
 
Since 2003, Washington D.C. has seen a 43 percent decline in children placed in foster care. Though some progress has been made we are still seeing greater numbers of families struggling to access the resources they need to stay together when compared to the rest of the country. Our nation’s capital has one of the highest child poverty rates in the country with nearly 50 percent of youth in Ward 8 and 40 percent of youth in Ward 7 living below the federal poverty line. In 2011, Ward 8 had the highest unemployment rate in the nation.

These same wards are predominantly African-American and have the highest rates of children entering the child welfare system, of which 99 percent are youth of color (93 percent African-American and 6 percent Latino) according to research in Fostering Change, the latest report put out by the Justice Policy Institute. Fostering Change shows how family and neighborhood poverty are two of the strongest predictors of child maltreatment, and that the conditions poverty creates can ultimately lead to a child being removed from their home.
When considered in a broader socioeconomic context, poverty becomes more than the absence of income and or earning potential—that is, a lack of work opportunities, quality or not, to support oneself and her or his dependents. It is also dealing with the collateral effects of not being able to take care of basic needs such as buying food, medical care, school supplies and adequate clothing or paying for transportation, utilities and rent. These are just some of the conditions that can lead to children being maltreated. JPI’s report found that abused and neglected children are 59 percent more likely to be arrested, 28 percent more likely to be arrested as adults, and 30 percent more likely to commit a violent crime. In 2011, half of youth under the supervision of the District’s juvenile justice agency, Department of Youth and Rehabilitative Services (DYRS), were from Wards 7 and 8.

Disappointment Tsunami: Drug Czar, Kerlikowske Still Out of Touch

By Spike Bradford

Whenever the drug czar speaks or releases a statement or report, it is typically a hailstorm of disappointment for me. He and the administration he represents continue to be out of touch with the pulse of the nation when it comes to drug policy and are willing to adhere to harmful and unproductive policies. The latest National Drug Control Strategy, pitched as a change in tactics away from a punitive, criminal justice model and toward a public health model, is just another disappointment.

I recently saw Mr. Gil Kerlikowske speak at the Wilson Center in Washington, D.C., on a panel of experts.  Within minutes the disappointment tsunami began to wash over me. Here, I’d like to elaborate on two of the biggest disappointments I endured during that event.

Drug Czar Gil Kerlikowske courtesy Agence France-Presse

Disappointment #1: First, despite professing to shift away from a morality-driven punitive response to drug use and toward a system that addresses drug issues from a public health perspective, Kerlikowske’s vision of how that looks is just more of the same. An audience member asked how he plans to promote treatment when users still face criminal prosecution. Kerlikowske eagerly jumped into an explanation of so-called Good Samaritan laws that allow overdose victims to seek help without fear of prosecution. That’s great. However, it’s kind of a red herring, isn’t it? It only applies to situations of overdose, not drug users who recognize the need for help without overdosing. It also does nothing to encourage casual drug users to stop using beyond the age-old threat of prosecution.

Letter from Chemung County Jail

By Zerline Hughes

Criminal justice reform work is not usually synonymous with that of environmental reform but when I caught site of a piece today, I was taken aback.

Now, I'm not the most environmental person. I don't have three separate trash receptacles in my home but I teach my children to not toss trash out of the car window. We practice keeping our community clean and are often involved with community clean ups in our Washington, DC neighborhood where our neighbors are not so invested in such things. I don't do much more, though.

Image part of a children's climate change competition.
http://www.sdtb.de/Slideshow.1393.0.html

So, when Googling for "Earth Day" and "prison" issues, I happened upon this Ithaca Journal submission written by Ithaca-area activist and professor, Dr. Sandra Steingraber. She and 11 others, dubbed the Seneca Lake 12, were protesting fracking - drilling and injecting fluid into the ground to fracture shale rocks to release natural gas inside - at Inergy, natural gas storage facility. Because they were trespassing, Dr. Steingraber was one of the protesters arrested and sentenced to pay a fine or serve 15 days in jail in the Chemung County Jail in Elmira, NY. She opted for the latter.

Interrupting the Prison Pipeline through the D.C. Child Welfare System

By Katie Ishizuka

Last week, the Justice Policy Institute (JPI) released the fourth and final brief in a series addressing ways in which youth outcomes in the District can be improved to decrease justice system involvement and increase public safety. The brief, entitled Fostering Change: How Investing in D.C.’s Child Welfare System Can Keep Kids Out of the Prison Pipeline, focuses on youth involved in the District’s child welfare system. 

District youth may become involved with the child welfare system for a number of reasons, with the top two being neglect and physical abuse. The third highest reason for youth entering foster care is now parental incarceration: a collateral consequence of D.C. possessing one of the highest incarceration rates in the country.

The majority of these youth are in poverty and residing in Wards (7 and 8) facing economic, social and political exclusion and disinvestment. Ninety-nine percent are African American or Latino. They are 30% more likely to commit violent crime, 59% more likely to be arrested as juveniles and 28% more likely to be arrested as adults if they have experienced maltreatment. One in six has an incarcerated parent and almost half will not graduate high school of those in foster care. Most have experienced multiple forms of trauma and for those currently or previously involved in the child welfare system, the leading cause of death is violent homicide by gunshot.

Put another way, this is an extremely vulnerable group of youth facing individual, family, neighborhood and systemic barriers. While the District’s public child welfare agency, Child and Family Services Agency (CFSA), is tasked with ensuring the safety and well-being of these youth, no single agency or system can do this alone. Improving youth outcomes is reliant upon the strengths and collaboration of all youth-serving systems, including the education, employment and mental health systems. Recommendations on how these systems can be supported can be found in JPI’s first three briefs: Mindful of the Consequences:How Improving the Mental Health of D.C. Youth Benefits the District; Workingfor a Better Future: How expanding employment opportunities for D.C’s youthcreates public safety benefits for all residents; and The Education of D.C.:How Washington D.C.’s investments in education can help increase public safety.

In addition, optimizing youth outcomes is reliant upon neighborhood and community investments in the areas of D.C. with the highest rates of poverty and unemployment, including Wards 5, 7 and 8. The Wards in which people have the ability to get work and provide for their families are the Wards with the lowest child welfare system involvement and lowest justice system involvement.

More information on solutions with the capacity to promote the short and long-term safety, well-being and permanency of the District’s vulnerable youth; save on foster care, criminal justice and human costs; enhance social justice and increase public safety can be found in Fostering Change. 

Katie Ishizuka is a JPI research intern and co-author of Fostering Change: How Investing in D.C.'s Child Welfare System Can Keep Kids Out of the Prison Pipeline.