The American Bar Association’s Commission on Law and Aging recently released research findings and recommendations on the treatment of people living with dementia in the criminal justice system.
The commission was prompted to pursue the study due to several factors, including the lack of a systematic effort to understand the impact of dementia in criminal prosecution and corrections, an aging population and an increase in the number of people with dementia in the criminal justice system.
The study found an estimated 6.2 million Americans age 65 and older currently have dementia, and the number is projected to increase to 12.7 million by 2050.
“As the U.S. population ages and the rates of dementia increase, the prevalence of dementia of persons involved in the criminal legal system can also be expected to increase,” said Richard J. Bonnie, director of the Institute of Law, Psychiatry and Public Policy at University of Virginia School of Law.
According to Bonnie, the increase of prisoners with dementia is attributable to the aging demographic of the U.S. population and to the “continuing effects of the nationwide stiffening of criminal sentencing that occurred in the ’90s.”
The report, the results of which were released during an online program last month, includes recommendations for improving the experiences of those living with dementia in the criminal legal system.
Key findings in the report are:
• The number of persons with dementia coming to the attention of law enforcement appears to be increasing and is likely to continue to increase over the next decade.
• Efficient methods of screening arrestees and people admitted to jails and prisons for dementia should be developed and implemented.
• People with dementia who have been found incompetent to stand trial should not be committed for restoration of capacity. If the person poses a danger to self or others, a civil pathway for protective custody should be invoked.
• Community-based approaches that divert people with dementia from prosecution need to be developed and implemented.
• The growing number of people with dementia in correctional systems has increased the need for people who can care for them. Care and placement options are urgently needed for these offenders.
The report is the result of a one-year project based on a national survey, and research and interviews with professionals in the criminal justice system, including members of law enforcement, prosecutors, courts, evaluators, correctional health and correctional staff.
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