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<pre>Summary
Advisory report: An ageing prison population
Council for the Administration of Criminal Justice and Protection
of Juveniles (RSJ)
Background
Dutch society is ageing. In other words: the proportion of elderly people in the
Netherlands is increasing. This phenomenon is similarly perceptible in the prison system.
Dutch penitentiary institutions (PIs) now house elderly prisoners who suffer from age-
related problems and have associated care needs. The situation is playing out at this very
moment, and is pressing in individual cases. Due to the fact that the number of older
prisoners is relatively small and that any problems are currently resolved through
improvisation and a great deal of commitment from staff, the situation at present is still
manageable. However, the prison system is not structurally equipped or prepared for the
needs of older prisoners. This situation is only set to become more critical as the number
of elderly prisoners increases in the coming years, as is expected.
A policy for elderly prisoners
In this advisory report, the RSJ posits that policy should be developed and implemented
for elderly prisoners and that – where necessary – regulations should be amended, and
practical measures should be taken. The key points of that policy are outlined below.
Detention – appropriate and necessary
The RSJ is of the opinion that the starting point should be that elderly suspects should be
prevented from ending up in detention, with consideration for the safety of society. In the
case of older suspects, it should be considered whether detention is appropriate and
necessary. If this is not the case, alternative settlement should be chosen in lieu of a
prison sentence.
Accommodation of elderly prisoners in small-scale wards
Elderly prisoners who are able to function and support themselves in regular prison wards
can be accomodated in those wards. However, the more vulnerable elderly prisoners are
best off accommodated in small-scale units, where they receive more attention and where
there is more monitoring for unwanted confrontations between younger and older
prisoners (extortion, bullying). For that reason, small-scale units should be created within
PIs where elderly prisoners are accommodated.
PO Box 30137
2500 GC The Hague
www.rsj.nl
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<pre>Care for elderly prisoners
Although the medical services within the PIs provide regular somatic and psychological
care for elderly prisoners, these services are under considerable pressure, which is set to
increase in the coming decades as a result of the increasing number of elderly people in
prison. Moreover, the PIs lack specialist knowledge and manpower in the field of geriatrics
and (psycho)geriatric care. In addition, assistance with general tasks of daily life and
home care tasks is not sufficiently organised and provided at the PIs. It may be that
penitentiary staff with additional training in the area of carrying out care duties can
provide a solution in this regard. Recruiting home care staff into the medical services of
the PIs may likewise be considered.
Structural and technical modifications to facilities
Additional facilities are required alongside structural modifications of the cells in which
elderly prisoners are accommodated, principally relating to practical issues such as
walker-accessible cells, height-adjustable beds, elevated lavatories and handles on the
wall in the sanitary section of the cell.
Layout of PIs
The layout of a PI must likewise be tailored to an older population. General areas, work
areas and the exercise yard must similarly be easily accessible for older prisoners, which
is not the case everywhere now.
Reintegration
Long-term prisoners are often not able to simply re-enter society after their term of
imprisonment, due to the fact that they will have a deficit in terms of using digital
resources, such as computers and smartphones. Furthermore, the network of support and
protection for elderly prisoners will be more limited than that of young people due to
parents and relatives having passed away. These circumstances require additional efforts
during the reintegration process.
In conclusion
The fact that the prison system is not equipped for the problems and (care) needs of
elderly prisoners means that enforcement in individual cases does not comply with the
statutory requirements in all respects. This refers to situations in which among other
things the necessary care is not provided, and the safety of prison inmates is not
guaranteed (extortion, bullying). Situations of this type currently occur in individual
cases, but may occur more frequently in the years to come and become systemic due to
the expected increase in the number of older prisoners. The RSJ is concerned that this
may jeopardise the humanity and legitimacy of the enforcement of custodial sentences
for elderly prisoners.
The advisory report concludes with a number of recommendations.
The advisory report is available on the website of the Council for the Administration of
Criminal Justice and Protection of Juveniles [add hyperlink to the word ‘website’].
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