The interplay between law and social science in the age-segregation debate

Abstract

Academics and policy-makers focused on protecting older inmates (ages 50 and above) in US prisons from medical neglect, psychological problems, victimization by younger inmates, and functional decline as a result of excessive environmental strain have long advocated for their placement in age-segregated units and facilities. In response, proponents of age-integrated units and facilities have argued that age-segregation violates the integration mandate of the Americans with Disabilities Act (ADA) of 1990 because older inmates in age-segregation are not provided equal access to facilities and programs. This paper examines the age-segregation debate through an analysis of the social science and legal literature to include court cases, the ADA, the ADA Amendment Act of 2008, and the related 2010 federal regulations. Exceptions to the ADA's integration mandate are assessed for their ability to provide legal support for the practice of age-segregation. This paper concludes with recommendations for creating and maintaining fully and partially age-segregated units or facilities that would operate in compliance with the 2010 federal regulations while efficiently and effectively meeting older inmates' unique needs.

Keywords::

• older prisoners
• disabilities
• Americans with Disabilities Act
• federal regulations
• segregation

Additional information

Notes on contributors

John J. Kerbs

John J. Kerbs, associate professor of Criminal Justice at East Carolina University (Greenville, NC), specializes in the care and custody of older federal and state prisoners in the USA. He also specializes in research concerning the safety and victimization of people in prisons, schools, and communities.

Jennifer M. Jolley

Jennifer M. Jolley, post-doctoral NIMH Fellow at the Cecil G. Sheps Center for Health Services Research (University of North Carolina at Chapel Hill), specializes in the care and custody of older federal and state prisoners in the USA. She also specializes in research concerning risk factors that predict repeat maltreatment in child welfare systems and treatment matching for maltreated children.

Naoki Kanaboshi

Naoki Kanaboshi, assistant professor of Criminal Justice at Grand Valley State University (Grand Rapids, MI), specializes in the constitutional limitations of criminal law, prisoners' rights, and the rights of prisoners with forensic mental health issues in prisons.