by J. Brooks Terry
Staff Writer
Today, U.S. senators John Breaux and Orrin Hatch will introduce a landmark, bipartisan bill before the Senate in Washington, D.C. that local prosecutors are praising. The bill, known as the Elder Justice Act, calls for a refocus and redefinition of the federal government’s involvement in offenses committed against the country’s senior population.
Bob Blancato, the president of the National Committee for the Prevention of Elder Abuse, said that aside from raising a much needed public awareness, the overall goal of the act is two-fold.
“One is to assure adequate public/private infrastructure and resources to detect, treat, understand, intervene in and where appropriate, prosecute elder abuse, neglect and exploitation,” he said. “The second is to strive to achieve the right of every older person to be free from abuse, neglect and exploitation.”
State Attorney Harry Shorstein said he would also like to see an increased presence behind elderly crime prevention and implementation if budgetary restraints will allow.
“Over the years there has been somewhat of a ‘flavor of the month’ with various criminal trends that are really just popularity driven,” he said. “But I feel that as crime changes and evolves, it will become critically important for us to protect the elderly.”
Shorstein said former U.S. attorney general Janet Reno approached him in the past about putting an increased focus on crimes committed against the elderly as he had previously done with juvenile programs.
The ever-increasing awareness surrounding elderly legislation may be attributed to the simple fact that people are living longer today than they have in the past.
According to Mac Heavener, an assistant state attorney in Duval County’s Special Prosecution Division, in 1900 the average life span of a much smaller population was only 47. Today it’s 77.
“By 2011, the Baby Boom generation will be a part of the elderly population,” he said. “And by 2030, one in five people will be over the age of 65.”
Heavener has hopes that, with federal legislation, stronger mandates and clearly defined agendas protecting the elderly will trickle down to the state level.
“Elder abuse awareness is not at a level where it should be,” said Heavener. “I would say that it is where child abuse was in the 1970s. If the proper protocol isn’t developed, our law enforcement is going to be forced to stay in a reactive posture.”
He added, however, that in Florida — one of five states where 15 percent of the population is over 65 and 33 percent are retired — more stringent and automatic sentencing enhancements have been put in place when the victim is elderly.
For instance, assaults and simple batteries to a senior citizen yield third degree felonies if convicted. Similar offenses would be misdemeanors if committed against someone under the age of 65.
Additionally, in 2000, a program known as Operation Spot Check was developed in the state in an attempt to increase the level of safety for elderly persons living in assisted living homes. In Jacksonville, of the 17 inspections made the first year, 10 were temporarily closed.
Heavener, a Jacksonville native, said he became involved in elder justice because “he felt like I was doing the right thing.”
“I have grandparents and I wanted to make sure that people like them could be protected by the law,” he said. “Unlike juvenile crime where you focusing on the offender, with elderly crime, you’re reaching out to the victim.”
According to Heavener, after establishing if a crime was committed by an institution or domestically, it can be defined in one of three ways.
“First you have cases involving elderly abuse,” he said. “The abuse may be physical or psychological. The second type of crime committed against the elderly is neglect, which Heavener implied may not always be intentional.
“These are crimes where the victim simply isn’t provided the support that is necessary,” said Heavener.
According to a government compiled report known as the National Elder Abuse Incidence Study, men and women who are unable to care for themselves because of mental illness and/or depression are highly susceptible to neglect or even self-neglect.
The third and final crime committed against the elder is exploitation which, according to Heavener is a “financial crime.”
“These are cases where the victim has been deceived,” he said. “And really, it doesn’t mean that the elderly are any less intelligent, it’s just that they are being targeted more.”
Of the cases Heavener works with, he said the majority involve exploitation.
Despite the progressive steps taken towards the increased advocacy of elder rights and safety, Heavener made reference to what is called the iceberg theory. The theory, says that while the most visible types of abuse and neglect are typically reported, a vast majority may lie unidentified under the surface.
“Only 15 percent of cases involving abuse and neglect are reported,” he said, adding that in 2002 his offices saw 62 cases. While citing that that number isn’t “too terribly high,” he added that may not be an accurate assessment as elderly crime continues to redefine itself.
“This is a relatively new area,” said Heavener. “People are still trying to figure out what crosses the line.”
Blancato and Heavener are confident that the Elderly Justice Act will be well received because it is supported by senators from both political parties and also an issue of concern to many.
“If passed, we’ll be seeing a lot more nationwide criminal background check for people working in nursing homes,” said Heavener. “Grant money going towards victim advocacy will most likely be made available, too. This is long overdue.”