Elderly Inmate Release Act

two elderly inmates in wheelchairs looking through bars

Listen to our introductory podcast.

The Elderly Inmate Release Act podcast (18:18 min, 21.98 MB)

At A Glance

Florida's Aging Prison Population: Challenges and Solutions

The United States prison system has seen a significant increase in the number of elderly inmates in recent decades, with Florida being a focal point due to its large inmate population and aging demographic trends. This analysis examines the trends in the care of elderly inmates using available public data, research reports, and institutional policies.

The elderly inmate population (defined as inmates aged 50 or older) has grown exponentially due primarily to Florida's elimination of parole for all but capital crimes in 1983, and the aging of the general population. In Florida, approximately 25% of the prison population is now aged 50 or older, reflecting national trends at an accelerated pace.

Graph 1: Percentage Growth of Elderly Inmates (1983–2023)

2. Health and Medical Challenges

Elderly inmates face unique health challenges, often resembling individuals 10–15 years older in the general population due to cumulative incarceration effects. Chronic conditions such as diabetes, hypertension, and dementia are prevalent, creating a need for specialized medical care.

Prevalence of Chronic Conditions Among Inmates

3. Costs of Caring for Elderly Inmates

The annual cost of housing an elderly inmate is approximately $70,000, more than double the cost of younger inmates. Healthcare is the largest expense, with additional costs for housing, food, and programs.

Comparative Costs of Care for Elderly vs Younger Inmates

4. Rehabilitation and Quality of Life

Elderly inmates are often excluded from rehabilitation programs, despite their low recidivism rates. As shown below, recidivism rates decrease sharply with age, highlighting the potential benefits of early release and tailored programs.

5. Comparative Analysis and Recommendations

Florida can learn from other states that have implemented innovative solutions, such as medical parole programs and specialized geriatric facilities. Early release policies could save significant costs while ensuring humane treatment of aging inmates.

Projected Cost Savings from Early Release Programs

Freedom Force Florida’s legislative proposals address pressing concerns like the rising costs and injustices of incarcerating elderly inmates. For example, offenders aged 50 and above represent a minimal public safety risk but cost taxpayers disproportionately due to increased healthcare expenses. The Elderly Inmate Release Act will provide a humane and cost-effective solution, restoring hope to offenders and their families.

Florida's Elderly Inmate Population:
Challenges and Proposed Solutions

Date: October 26, 2024

Prepared For: The Florida Senate

Prepared By: Freedom Force Florida

Subject: Analysis of Florida's Elderly Inmate Population, Related Challenges, and Proposed Legislative Solution

1. Introduction:

This briefing document analyzes the growing challenges associated with the elderly inmate population within the Florida Department of Corrections (FDC). It examines the underlying causes of this demographic shift, the unique healthcare and resource needs of elderly inmates, the FDC’s efforts to address these issues, and the implications for the state. This briefing also includes a review and assessment of proposed legislation, the "Elderly Inmate Release Act," designed to address this issue.

2. Key Themes and Issues:

Exponential Growth of the Elderly Inmate Population:

The elderly inmate population in Florida prisons is growing rapidly, outpacing the growth of the general inmate population. This increase is attributed to:

Elimination of Parole: Florida’s elimination of parole in 1983 means that many inmates are now serving life sentences, which in Florida means till death. As the original document notes, "As a result, a life sentence now means till death in Florida." This was an unforeseen consequence of earlier legislative decisions.
Mandatory Minimum Sentences: Lengthy sentences for both violent and non-violent offenses contribute to the aging prison population.
Aging General Population: The general population’s aging is mirrored in the incarcerated population.
Stricter Parole Criteria: Reduced parole and early release opportunities keep older inmates incarcerated for longer periods.
Accelerated Aging: The incarcerated population ages more rapidly, with individuals in their 50s experiencing health conditions often seen in people in their 70s in the general population.

Unique Challenges in Care:

Elderly inmates have a range of specific needs that pose significant challenges for the FDC:

Complex Medical Needs: High prevalence of chronic conditions such as heart disease, arthritis, diabetes, and respiratory problems. The analysis notes that "elderly inmates typically suffer from multiple chronic conditions requiring ongoing care."
Mental Health Issues: Increased rates of depression, anxiety, and dementia among older inmates.
Cognitive Decline: Difficulties understanding instructions, managing medications, and participating in programs.
Sensory Impairments: Vision and hearing loss that hinders communication and independence.
Functional Limitations: Reduced mobility and frailty, impacting their ability to navigate the prison environment.

Financial Burden:

Caring for elderly inmates is significantly more expensive than caring for younger inmates.

Increased Healthcare Costs: The state spends on average five times more on medical care and 14 times more on prescription drugs for inmates over 50, in comparison to those under 50.
Higher Annual Costs: Average annual healthcare costs for an elderly inmate can be four times higher than that of a younger inmate ($11,200 vs $2,800). These costs can rise to $15,000 - $25,000 for inmates with severe chronic conditions.
The increased cost is driven by the need for more frequent medical interventions, higher medication requirements, specialized equipment, increased staffing, and modified housing requirements.

Recidivism Rates:

Elderly inmates are significantly less likely to recidivate than younger inmates, with inmates 60 and over being cited as a demographic with significantly reduced recidivism. The source "Trends in Caring for Elderly Inmates in Florida" notes, "Elderly inmates (60 and over) are much less likely to recidivate after release compared to younger inmates".

FDC's Efforts:

The FDC has implemented some strategies to address these challenges:

Geriatric Care Units: Specialized units designed to provide enhanced care.
Medical and Mental Health Services: Range of medical and mental health services, including chronic disease management and counseling.
Rehabilitation Programs: Educational and vocational training, and life skills development programs.
Release Planning: Reentry services to help elderly inmates transition back to the community.
Facility Modifications: Installation of handrails, modified showers, lower bunks, and dedicated geriatric housing.
Staff Training: Training programs for staff working with elderly inmates, including geriatric care, mental health awareness, and emergency procedures.

Areas for Improvement:

The sources identify key areas where improvement is needed:

Increased Staffing: The need for more healthcare professionals trained in geriatric care is necessary.
Enhanced Training: Improved training in geriatric care, dementia care, and palliative care.
Improved Facilities: Facilities should be more accessible and accommodating to mobility limitations.
Expanded Programs: Offer more rehabilitation, social, and cognitive stimulation programs.
Community Collaboration: Strengthen partnerships for reentry services and ongoing community support.
Preventative Care Initiatives: Implement regular health screenings, wellness initiatives, and education.
Policy Considerations: Include early release programs, compassionate release, alternative custody options, and cost-sharing initiatives.

3. Proposed Legislation: The Elderly Inmate Release Act

Summary: Freedom Force Florida, founded by Randolph Baggett, proposes the "Elderly Inmate Release Act" (HB-0000, SB-000), designed to modify the sentences of elderly inmates meeting specific criteria.

Key Provisions:

Eligibility: Offenders who are at least 50 years old, have served 10 years of their sentence, and have at least 10 more years to serve.
Motion for Modification: Eligible offenders may petition the court to modify their sentence.
Rehabilitation Evidence: Offenders must present evidence of rehabilitation and that they are not a threat to society.
Court Hearing: The court must hold a hearing to consider the evidence if it is compelling.
Release and Probation: If the court grants the motion, the offender must be released within 18 months and must complete at least 3 years of probation.
Denial and Reapplication: If the motion is denied, no appeal is permitted, but offenders may reapply every 5 years.
Retroactive Application: The act applies retroactively.
Effective Date: The proposed effective date is July 1, 2025.

4. Analysis of the Elderly Inmate Release Act

Desirability:

Cost Savings: The act could potentially reduce the financial burden on the FDC by releasing elderly inmates who are very costly to care for, and who are less likely to re-offend.
Focus on Rehabilitation: The act emphasizes rehabilitation and requires that the offender presents evidence that they are no longer a threat to society.
Reentry Support: The probation period would provide some level of oversight and support for reentry.
Ethical Consideration: The act addresses the ethical considerations of keeping elderly, non-dangerous inmates incarcerated, particularly given the poor health and reduced recidivism of the elderly population.

Viability:

Judicial Discretion: The Act relies on judicial discretion, meaning that judges will still need to make decisions on a case-by-case basis. There could be inconsistencies in the application of the law.
Evidence of Rehabilitation: Defining and determining what constitutes sufficient evidence of rehabilitation may be challenging, and may vary from judge to judge.
Probation System Capacity: Implementing three years of probation for potentially many inmates could strain Florida's probation system.
Public Opinion: The Act might face public opposition due to concerns about releasing offenders, even if they are elderly. The legislative history surrounding the abolishment of parole, which is a major factor in the growth of the elderly prison population, shows that many will likely view any such bill as being soft on crime, even when the data shows that this particular population is less likely to re-offend.
Alternative Release Options: The legislation might benefit from also addressing more comprehensive release options, such as early release or compassionate release.

5. Conclusion:

The increasing elderly inmate population in Florida presents significant challenges to the state's correctional system in terms of healthcare costs, facility infrastructure, and staffing. The FDC is implementing programs to address these issues, but further improvement is needed. The proposed "Elderly Inmate Release Act" presents a possible strategy to mitigate these challenges, reduce costs, and focus on rehabilitation. However, for the act to be viable, it will need to address issues of consistent application by judges, proof of rehabilitation, adequate resources for the probation system, and a public that may not readily support such legislation. It is vital to review and continuously evaluate Florida’s policies and practices to determine the most effective strategies for caring for this growing and vulnerable population.

This briefing provides a comprehensive analysis of the information available and serves as a basis for further discussion and policy development.

Study Guide

Elderly Inmates in Florida: A Comprehensive Study

Quiz

Instructions: Answer the following questions in 2-3 sentences each.

What is the primary reason for the exponential growth of the elderly inmate population in Florida prisons according to the provided text?
What are the three main criteria for an offender to be eligible to petition for sentence modification under the Elderly Inmate Release Act?
According to the provided analyses, why are elderly inmates more expensive to incarcerate than younger inmates?
What are three medical or mental health challenges that are specifically more prevalent among elderly inmates?
What are two types of facility modifications the Florida Department of Corrections (FDOC) has made to accommodate elderly inmates?
What are two significant benefits that elderly inmates could potentially access if transitioned to community settings?
What is the definition of "elderly" within the correctional setting as presented in the source material and why is it defined this way?
What are two types of training FDOC provides for staff working with elderly inmates?
What is meant by "recidivism" and how does it apply to elderly inmates?
What is the average annual healthcare cost difference between inmates under 50 and elderly inmates?

Quiz Answer Key

The primary reason for the exponential growth of the elderly inmate population in Florida prisons is the elimination of parole in 1983, which has led to life sentences meaning "till death." This unforeseen consequence caused the aging of the prison population without a mechanism for release.
Under the Elderly Inmate Release Act, an offender must be at least 50 years old, have served at least 10 years of their sentence, and have at least 10 more years to serve in prison or on probation to be eligible to petition for sentence modification.
Elderly inmates are more expensive to incarcerate because they tend to have more complex medical needs, requiring more frequent medical interventions, higher medication costs, and specialized medical care and housing arrangements.
Three challenges more prevalent among elderly inmates are: multiple chronic health conditions (like heart disease or diabetes), mental health issues (such as depression or dementia), and cognitive decline. They also often experience sensory impairments.
The FDOC has made modifications such as installing handrails, ramps, and modified shower facilities, and providing specialized housing units with enhanced medical monitoring and easier access to medical facilities.
Elderly inmates transitioning to community settings could access benefits such as Medicare, Medicaid, Social Security, and Veterans Affairs, which are not typically available to them while incarcerated.
In a correctional setting, "elderly" is typically defined as 50 years or older because incarcerated individuals often experience accelerated aging due to factors like substance abuse, limited access to prior healthcare, and the stresses of incarceration.
FDOC provides medical staff with geriatric care certification, mental health assessment training, and end-of-life care protocols. Correctional officers receive training in age-specific communication, recognizing medical emergencies, and mobility assistance procedures.
Recidivism refers to an individual's relapse into criminal behavior, and elderly inmates have significantly lower recidivism rates compared to younger inmates, suggesting they pose less risk of re-offending if released.
The average annual healthcare cost for elderly inmates is $11,200, while the average for inmates under 50 is $2,800, making elderly inmates approximately four times more expensive in terms of healthcare.

Essay Questions

Instructions: Answer the following questions in a well-organized essay format.

Analyze the potential benefits and drawbacks of the Elderly Inmate Release Act, considering both the financial implications for the state of Florida and the impact on public safety.
Discuss the ethical considerations of incarcerating elderly inmates with complex medical needs, considering the rights of inmates versus the responsibilities of the state and the cost to taxpayers.
Evaluate the effectiveness of the Florida Department of Corrections' current strategies for caring for elderly inmates, identifying areas for improvement and proposing alternative solutions based on the materials provided.
Compare and contrast the trends in the aging of the general population and the aging of the incarcerated population, highlighting specific factors that accelerate aging in prison and the potential challenges that creates.
Based on the provided text, construct a compelling argument in favor of and against the adoption of geriatric release policies in Florida and support your stance with evidence.

Glossary of Key Terms

Cognitive Decline: A decline in mental processes, such as memory, reasoning, and decision-making, that is often associated with aging.
Elderly Inmate: In the correctional setting, this refers to inmates aged 50 and older, who are considered to have accelerated aging due to the conditions of incarceration and pre-existing conditions.
Geriatric Care Units: Specialized facilities within prisons designed to provide enhanced medical and supportive care to elderly inmates with complex health needs.
Geriatric Release Policies: Policies that aim to transition elderly inmates to community settings where they can access necessary support services.

Mandatory Minimum Sentences

Laws requiring a certain minimum length of imprisonment for specific crimes, regardless of the circumstances.

Palliative Care

Medical care focused on relieving pain and other symptoms of a serious illness, often provided at the end of life.

Parole

The release of a prisoner before the end of their sentence, subject to certain conditions, that is not available in Florida.

Recidivism

The tendency of a convicted criminal to re-offend and return to prison after being released.

Rehabilitation Programs

Programs and services aimed at helping inmates develop skills and make changes that will reduce the likelihood of future criminal behavior.

Frequently Asked Questions

Q. Why not simply reinstate parole?

A. Simply stated, parole in Florida is broken. When the U. S. Supreme Court ordered Florida to give juvenile offenders a meaningful opportunity for release if they haven't killed anyone in 2010, the legislature rejected parole as a means of compliance because they recognized that parole in Florida does not provide a meaningful opportunity for release. Instead, they provided for judicial review. That is the model for our proposed statute.

The parole commission boasts about the 02.5% 3-year recidivism rate as proof of parole's effectiveness. However, no one goes back to prison because no one gets out. There are approximately 3,800 parole-eligible people sentenced under earlier laws in Florida prisons (2025). FCOR, the parole commission, typically releases 20-30 people a year. All have served AT LEAST 30 years. That means after serving 30 years the average person has an average probably of about 01.5% of being released on parole. It's a pipe dream.

Q. Why is the elderly inmate population in Florida prisons growing so rapidly?

A. The exponential increase in elderly inmates in Florida is primarily due to the elimination of parole in 1983, which effectively turned life sentences into sentences until death. This, coupled with lengthy mandatory minimum sentences and the general aging of the population, means inmates are staying incarcerated much longer, aging within the system. People in their 50s in prison often experience chronic health conditions typically seen in people in their 70s outside of prison.

Q. What specific challenges does the Florida Department of Corrections (FDC) face when caring for elderly inmates?

A. The FDC faces a myriad of challenges, including complex medical needs such as heart disease, diabetes, arthritis, and respiratory issues. Elderly inmates also experience increased rates of mental health problems, such as depression, anxiety and dementia, along with cognitive and sensory impairments that hinder their ability to manage daily life within the prison environment. Functional limitations due to reduced mobility and physical frailty also require special accommodations. The cost of healthcare for elderly inmates is also significantly higher than for younger inmates.

Q. What is the "Elderly Inmate Release Act" and how does it propose to address these challenges?

A. The Elderly Inmate Release Act (HB-0000, SB-000) is a proposed piece of legislation that would allow inmates who are at least 50 years old, have served at least 10 years of their sentence, and have at least 10 more years to serve to petition the court for a sentence modification. If they can demonstrate rehabilitation and no threat to society, the court can hold a hearing to consider their release, with a mandatory term of at least three years of probation. This act also applies retroactively.

Q. What kind of facility modifications and services has the FDC implemented to accommodate elderly inmates?

A. The FDC has implemented several strategies, including geriatric care units, which provide enhanced care with specialized staff. They also provide routine and specialized medical services and mental health support, and offer rehabilitation programs tailored to the needs of elderly inmates. Facility modifications include handrails, ramps, modified showers, lower bunk assignments, wheelchair access, and dedicated units near medical facilities. The FDC also provides training to its staff on topics such as geriatric care, dementia care, and palliative care.

Q. Why are elderly inmates more costly to care for than younger inmates?

A. Elderly inmates are more expensive due to their greater need for medical care. They often have multiple chronic health conditions requiring more frequent interventions, specialized equipment, higher medication needs, and more staff hours. For example, the average healthcare cost per elderly inmate is about four times higher than that of an inmate under 50. The costs for medications and other associated costs are significantly greater too.

Q. What are the arguments in favor of releasing elderly inmates from prison?

A. Elderly inmates are much less likely to commit new crimes upon release compared to younger inmates, reducing the risk of recidivism and, therefore, of increased public danger. Releasing these inmates, especially those who are rehabilitated, can also significantly reduce the financial burden of the state by allowing them to receive Medicare, Medicaid, Social Security, and Veterans Affairs benefits which they are ineligible for whilst incarcerated. These programs can provide for their support and care.

Q. What role do reentry programs and community partnerships play in addressing elderly inmate care?

A. Reentry programs and partnerships with community organizations are crucial for successfully transitioning elderly inmates back into society. These programs provide resources such as help with housing, job placement, access to mental and physical healthcare, and necessary support services that are necessary for successful reintegration. Partnerships with universities, medical centers and non-profits can provide seamless care and supervision which are necessary for the success of formerly incarcerated people.

Q. What are some areas where the FDC could improve its care for elderly inmates?

A. Areas for improvement include increasing specialized medical staffing, enhancing staff training in geriatric care, improving prison facilities to accommodate mobility issues, expanding rehabilitation programs, and strengthening collaboration with community organizations to facilitate reentry. There should also be additional focus on preventative care, telemedicine services and improved mental health services for elderly inmates. Additionally, reviews of early release programs and compassionate release criteria, as well as more innovative housing options should be explored.

Full text of the proposed bill.

HB-0000, SB-000

A bill to be entitled

The Elderly Inmate Release Act, creating s. 921. 1403, F.S.; providing for its retroactive application; providing an effective date.

Be it enacted by the legislature of the State of Florida:

Section 1. Section 921,1403, Florida Statutes, is created to read:

Section 921. 1403. Elderly Inmate Release Act.

(1) Any offender who is at least 50 years old, has served at least 10 years of his or her sentence, and has at least 10 more years to serve in prison and/or on probation may move the court of original jurisdiction to modify the sentence.

(2) If the offender offers evidence in the motion for modification of sentence that he or she is rehabilitated and is not a threat to society, and justice otherwise permits, the court shall hold a hearing to weigh the evidence.

(3) If the court grants the motion for modification of sentence, it shall effect the offender's release within 18 months and shall include a term of at least 3 years probation.

(4) If the court denies the motion for modification of sentence, no appeal is permitted, but the offender may move the court again every 5 years thereafter.

(5) This section shall apply retroactively.

Section 2. This act shall take effect July 1, 2026.

Conclusion

The care of elderly inmates in Florida prisons presents significant challenges, including rising healthcare costs, inadequate facilities, and limited rehabilitation opportunities. By adopting reforms like the Elderly Inmate Release Act, Florida can manage costs effectively while addressing the needs of this vulnerable population.