1. The interplay between law and social science in the age-segregation debate.
- Author
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Kerbs, John J., Jolley, Jennifer M., and Kanaboshi, Naoki
- Subjects
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OLDER prisoners , *AMERICANS with Disabilities Act of 1990 , *AGE segregation , *SOCIAL sciences , *SOCIAL conditions of prisoners , *PRISON population - 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. [ABSTRACT FROM PUBLISHER]
- Published
- 2015
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