Elderly Offenders: An American Corrections Catch-22?

Abstract

The problem of the aging offender population is an issue that will ultimately need to be addressed by state corrections departments and legislatures. As general prison populations continue to age, the type and extent of inmate health care needs will change. This thesis examines the experiences of the elderly offender in the prison environment. Specifically, the conditions surrounding incarceration are evaluated, including unique age-related impairments, disability accommodations, constitutional protections, and programs and policies addressing the elderly offender population. A review of sentencing policy in Kansas will then be conducted, with specific focus on downward departure sentencing based upon advanced age. Recommendations that are made to address the continued growth of the Kansas elderly offender population include both proposed state agency and legislative policy changes. Agency recommendations relate to the administration of the newly-renovated geriatric correctional facility in Oswego, Labette County, Kansas. Legislative policy proposals address changes in Kansas sentencing policy, for purposes of integrating the factors of extraordinary physical impairment and age in departure sentencing and parole hearings. Amendatory changes to state early release procedures will also be raised to provide early release mechanisms for offgrid offenders.