FOR IMMEDIATE RELEASE
Be the Evidence International in Collaboration with International CURE
Have Released A New Just Aging’ Shadow Report Entitled:
Analysis of United States Compassionate and Geriatric Release Laws:
a Rights-Based Response for Diverse Elders and Their Families and Communities
The purpose of this report was to conduct a content analysis of the laws and regulations pertaining to the early release or furlough of incarcerated people within the United States in connection to advanced age and/or illness. The review of 52 federal and state corrections systems (50 states, Washington D.C, and Federal Corrections) demonstrate 47 have some legal procedure or precedent for incarcerated people or their families to petition for early release based on advanced age or health. Five corrections systems (e.g.. Illinois, Massachusetts, South Carolina, South Dakota, and Utah) do not have explicit legal mechanisms for early release, and therefore there is no obvious legal pathway, with a clear set of actions, to acquire early release for incarcerated people in these jurisdictions based on health or advanced age.
Among the 47 systems with early release or furlough, some common circumstances were observed that helped to determine release criteria. These areas of consideration include, but are not limited to: type of crime committed, level of incapacity or illness, anticipated survival time, a clearly-detailed process for application and/or appeal, level of supervision or support in place upon release, and potential impact or opinion of the victim and/or their family. Though there is some consistency in the criteria considered for early release, there is little consistency across systems in which distinct processes assess and determine advanced age or failing health. As the prison population in the US grows, and the cost to incarcerate is impacted by medical care, it is important to understand if and how various systems address the likelihood of treating incarcerated people who are older and/or who have a serious or terminal illness.
This content analysis prompts additional questions and offers guidance on how human rights standards can be used to construct policies, laws, and practice that respect and honor the dignity of the person, promote the political, civil, social, economic, and cultural rights of all citizens, and ensure nondiscrimination, transparency, and accountability on the part of governments. Future research, evaluation, and monitoring recommendations should include an assessment of the following: (1) the extent to which existing policies meet human rights standards; (2) how frequently incarcerated people are released following the submission of a request for early release and whether such requests monitored; (3) the nature of the barriers within each system that inhibit the development and operation of a consistent and orderly review process; (4) the attitudes of the public and lawmakers concerning early release for eligible incarcerated persons and the ways in which they influence the development and/or amendment of laws; (5) whether cost of care should be a consideration for release; (6) how, if at all, wishes of the families of victims and incarcerated persons should be taken into consideration; and (7) the most successful supports for incarcerated persons post-release?
Treatment of the aging and ailing population within prisons constitutes a moral, economic, social, legal, and human rights issue. Therefore it is important to understand how aging and ailing incarcerated people are perceived by ourselves and within the prison system before communities can meaningfully respond to their aging, seriously ill, and dying members and offer support to their families.
THE PETITION ALSO CAN BE ACCESS DIRECTLY TO THIS WEB LINK:
New Publication: The Social Determinants of Health and Justice and the Aging in Prison Crisis: A Call for Human Rights Action
The Social Determinants of Health and Justice and the Aging in Prison Crisis: A Call for Human Rights Action
Tina Maschi and Ronald H. Aday
Published: April 14, 2014
Download for FREE at: http://dx.doi.org/10.5296/ijsw.v1i1.4914
The rapid growth of the incarceration of aging people in prison across the globe is
particularly problematic in the United States, which has the largest incarceration rate per capita.
This papers examines the aging in prison crisis through the lens of the social determinants of
health, well-being, and justice. Case studies and promising practices are reviewed to assist in a
coordinated human rights based response to address the aging in prison crisis at the grassroots,
national, and international levels.
Keywords: human rights, incarceration, prison, aging, the rights of older persons, social
determinants of health
Visit the link to my interview at the Family Caregiving Summit that BTEP cosponsored at NYAM on 4/30. Please feel free to 'share the care!"
It is Careers in Aging Week! Find out more on how you can get involved! Download information below. For more information, contact Tina Maschi, PhD, GSA Ambassador for Fordham University, New York at firstname.lastname@example.org
NEW BTEP PUBLICATION: Bridging community and prison for older adults: invoking human rights and elder and intergenerational family justice
Bridging community and prison for older adults: invoking human rights and elder and intergenerational family justice (article downloadable below)
NYAM: Free Family Caregiving Summit:
More Information Available at:
The New York Academy of Medicine presents Family Caregiving Summit - "Name It; Know Its Many Faces"
Date: April 30, 2014
Location: The New York Academy of Medicine, 1216 Fifth Avenue at 103rd Street, New York, NY 10029
Sponsored by: The EmblemHealth New York City Partnership for Family Caregiving Corps. Held in conjunction with Fordham University Graduate School of Social Service: Be the Evidence Project
Join us for a day of “mind, body and spirit” enrichment.
- See more at: http://www.nyam.org/events/2014/2014-04-30.html#sthash.vejhCtLy.dpuf