Why Is the Number of Elderly Prisoners Increasing in the U.S.?

 Posted on June 26, 2024 in Criminal Defense

The United States incarcerates more people than any other country in the world. Our criminal justice system often imposes harsh penalties on people who are convicted, and many are required to serve lengthy prison sentences. As prisoners get older, and as more people are convicted and sentenced, the age of the prison population has continued to increase. 

Elderly prisoners face a number of issues related to humane treatment and ongoing health issues. Criminal justice advocates have worked to bring attention to this issue, hoping to implement more humane policies that will protect the rights of prisoners. Elderly people who are facing criminal charges or prisoners who are seeking compassionate release or other forms of relief can work with an attorney to determine their best legal options.

Why Is the U.S. Prison Population Aging?

Over the past 30 years, the percentage of prisoners in the United States who are over the age of 55 has risen from 3 percent to 15 percent. The number of prisoners above this age is also increasing steadily, rising from 166,000 in 2020 to 186,000 in 2022. 

Some of this increase can be attributed to lengthy prison sentences for people who were convicted during the 1980s and 1990s as harsh anti-crime policies were enacted. People who were initially arrested and convicted during this period have had high rates of recidivism, and they have faced more severe penalties for subsequent convictions. As this generation of prisoners gets older, they are becoming more likely to spend the rest of their lives in prison.

At the same time, more elderly people are being arrested and convicted. In 1991, people over the age of 55 made up 2 percent of arrests, but they accounted for 8 percent of arrests in 2021. The number of people over the age of 65 who were arrested increased by 30 percent between 2000 and 2020. 

Drug-related arrests for people over the age of 50 also increased by 92 percent between 2000 and 2018. In many cases, these arrests have involved people who suffer from mental health issues or substance abuse disorders. Older people who experience issues such as dementia may sometimes face criminal penalties rather than receiving treatment for these issues.

Concerns Affecting Elderly Prisoners

Due to poor conditions in many prisons, older prisoners are likely to experience serious health issues during their incarceration. They are more likely to contract infectious diseases, and they may not receive the medical treatment necessary to address their health concerns. As a result, prisoners tend to age more quickly, experience cognitive decline or dementia, and experience other concerns that affect their health and well-being. While “natural” deaths from old age or disease account for the majority of prisoner deaths, many of these cases result from medical neglect or inhumane conditions.

While these issues affect the rights of prisoners, they have also led to increased costs for taxpayers. Between 2009 and 2016, the amount spent by the Federal Bureau of Prisons to provide healthcare for prisoners increased from $978 million to $1.34 billion. With more and more elderly prisoners, many prisons essentially function as nursing homes. 

Criminal justice advocates and some lawmakers have called for other solutions to be implemented, including allowing for the compassionate release of prisoners with serious health issues who no longer pose any danger to society. Allowing these prisoners to receive treatment in nursing homes or other similar facilities would be much more humane and cost-effective.

Contact Our Connecticut Criminal Defense Lawyer

At Woolf Law Firm, LLC, we provide representation for people of all ages who need to defend against criminal charges or take steps to protect their rights as prisoners. We can help elderly people determine the best ways to resolve criminal cases while minimizing their penalties. We can also help elderly prisoners advocate for compassionate release or take other steps to ensure that they will be treated humanely. To arrange a free consultation, contact our Hartford criminal defense attorney today at 860-290-8690.