Law Office Management
May 2, 2008
Aging Behind Bars
California's prison population is graying, further exacerbating the prison system's already enormous challenges of overcrowding and inadequate health care.
California's prisons today have nearly three times more inmates over age 50 than they did 20 years ago, exacerbating the prison system's already-acute problems of overcrowding and substandard health care.
"Prison health care is entirely inadequate now," says Sara Norman, a staff attorney at the Prison Law Office in Marin County. "As the population ages, it's going to get worse and worse."
"California Prison Reform," a 2006 report, estimates that inmates age 55 or older will make up 16 percent of the prison population by 2022, quadrupling from 4 percent in 2003. The independent legislative analyst's office attributes much of this increase to the state's 1994 three-strikes law, which requires a minimum sentence of 25 years to life for three-time repeat offenders with multiple prior serious or violent felony convictions. Currently, 7,500 third-strike inmates are serving life sentences and are not eligible for release on parole until 2019.
These aging prisoners are placing additional demands on a prison health care system already in serious trouble. California did agree to reform the overall prison health care system following the 2002 settlement of the state's largest-ever prison class action, Plata v. Davis (No. C-01-1351-TEH (N.D. Cal.)). But three years later, a federal judge declared the state's prison health care system still "broken beyond repair" and placed it in federal receivership.
Without a considerable boost in funding, the prospect of prisons accommodating older prisoners properly will remain bleak. Part of the problem is that caring for these aging and elderly inmates is incredibly expensive, says Kara Dansky, a lawyer and the executive director of the Stanford Criminal Justice Center. She estimates California spends about $43,000 annually to incarcerate an inmate. But national studies show that older inmates-who are more likely to have medical conditions like diabetes or heart disease-cost at least an additional $25,000.
Some of those added costs are for medical services, while others are for equipment. An August 2007 report commissioned by the medical receiver of the state prison system said the state needs 3,224 medical beds now (it has approximately 800) and will need 5,292 by 2017 if the older-inmate population continues to grow at the current pace. The legislative analyst's office estimates that construction of proposed new medical facilities could cost the state as much as $3 billion.
The receiver has proposed adding 5,000 new medical beds and 5,000 mental-health beds, including hundreds of long-term-care beds for frail and elderly inmates, says Richard Kirkland, director of the Plata Support Division at the California Prison Health Care Receivership.
And though some newer prisons-such as High Desert Sate Prison in Susanville-are wheelchair-accessible, many older prisons are not, says Terry Thornton, a spokesperson for the California Department of Corrections and Rehabilitation. For example, cells for death-row inmates at San Quentin cannot accommodate wheelchairs or walkers, and the receiver's report says there are already hundreds of wheelchair-bound prisoners in the prison system.
Attorneys at the Prison Law Office, however, believe that severe overcrowding is the root cause of the prison system's inadequate level of health care. California's prisons were built for 87,000 inmates, but they currently house about 173,000. Two federal judges overseeing California's prison medical and mental health care systems have ordered a three-judge panel to consider placing limits on the state's prison population. But, at press time, a hearing date had not yet been set. One proposed remedy involves early release for some inmates (such as those who can prove they have been rehabilitated), but it is unclear exactly how the judicial panel would enforce a cap on the prison population.
Some relief may come from J. Clark Kelso, a professor at McGeorge School of Law and a talented administrator who in January replaced the previous receiver, Robert Sillen. In his work in various previous positions-such as interim insurance commissioner and chief information officer for California's executive branch-Kelso has developed a reputation for getting things done.
"Everyone is very hopeful about Mr. Kelso's appointment," says the Prison Law Office's Norman. "But it is a monumental undertaking."
In addition, two California legislators introduced older-prisoner bills earlier this year. Senator Sheila Kuehl (D-Santa Monica) introduced SB 1555, which would provide elder ID cards granting priority treatment in some daily activities for prisoners 55 and older, age-specific prerelease planning, and training for prison staff working with aging prisoners. Meanwhile, Assemblymember Sandré R. Swanson's (D-Oakland) AB 1965 would make receiving parole more routine for nonviolent offenders-age 55 and older-who have served half their sentence, suffer from a chronic illness, can pass a re-offender risk-assessment analysis, and can secure health care benefits upon release.
And in April, Gov. Arnold Schwarzenegger proposed spending an additional $7 billion on the construction of new and the improvement of existing medical and mental health care facilities at prisons statewide. But it was unclear at press time how the Legislature would respond to a budget request nearly as large as the state's deficit.
Alexandra Brown
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390
Send a letter to the editor:
Email: letters@dailyjournal.com