SC Department of Corrections and the Mentally Ill
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Transcript of SC Department of Corrections and the Mentally Ill
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T.R. v. South Carolina Department of Correc7ons
November 3, 2014
Stuart Andrews Nelson Mullins Riley & Scarborough LLP
1320 Main St., 17th Flr. Columbia, SC 29211
www.mentalhealth4inmates.org
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T.R. v. South Carolina Department of Correc7ons January 8, 2014: Final Order
Judgment for Plain5ffs:
! Class of 3,500 Inmates with Serious Mental Illness ! ProtecNon and Advocacy for People with DisabiliNes
Ruling:
! Inmates with serious mental illness exposed to substanNal risk of serious future harm.
! SCDC has been aware of risk for over 12 years and has failed to take Nmely, reasonable, or effecNve steps to abate the risk.
! SCDC to present remedial plan in 180 days.
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Have Prisons Become Our Hospitals? ! Dorothea Dix to Deins5tu5onaliza5on
• 1850s – First U.S. Mental Health Hospitals
• 1955 – 1 Psychiatric Bed for Every 300 U.S. CiNzens
• 2005 – 1 Psychiatric Bed for Every 3,000 U.S. CiNzens
! Prison Beds Replace Hospital Beds, Community Services
• Ten Times More Persons with Serious Mental Illness in Jails/Prisons than Hospitals
• 40% of Persons with Serious Mental Illness in Jails/Prisons
• 15-‐20% of Incarcerated Persons have Serious Mental Illness
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Judge Baxley's Findings
! "Thus, over 70,000 cases of every imaginable sort have come to this Court over the years. This case, far above all others, is the most troubling."
! "Inmates have died in the South Carolina Department of Correc5ons for lack of basic mental health care, and hundreds more remain substan5ally at risk for serious physical injury, mental decompensa5on, and profound, permanent mental illness."
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Legisla5ve Proviso CommiSee Report October 2000
! "First and foremost, inmates with mental illnesses are not receiving adequate treatment for their illnesses and oUen5mes leave prison worse off than when they entered."
! "Second, the public is being short-‐changed because these inmates are eventually released, only to return to their local communi5es and commit more crimes secondary to inadequately treated mental illnesses."
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July 2003 DMH Report
! Psychiatric services "are in disarray" due to understaffing, resul5ng in "extremes of poor care, inhumane treatment and dangerousness . . . ."
! Medica5ons abruptly discon5nued "without approval of psychiatrists or other clinical staff."
! Inadequate programming.
! Mentally ill inmates in solitary "receive liSle or no mental health treatment."
! No QA/QI program.
7 Pltfs’ Ex. 106
Chronic care for prisoners with disabilities does not conform to nationally-accepted guidelines for mental illness… The lack of a comprehensive chronic care program puts patients at significant risk of harm.
PLTF. EX.
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Ratio of Psych/NP FTEs to Area and Outpatient Mentally Ill Inmates
APA Recommended Psych/NP FTE Ratio
1:500 1:1000 1:1
PLTF. DEMO.
PX24
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1:75,000 1:1
Source: Testimony of Drs. Haas, Metzner, and Patterson
Kentucky South Carolina
PLTF. DEMO.
PX147
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Crisis Interven5on
! Inadequate Management of ASempted Suicides and Self-‐Injurious Behaviors.
! Non-‐Therapeu5c, Puni5ve Environment.
• Disciplinary segregaNon units • No contact with psychiatrist • Limited counselor contact
• Strip cells ! Excessive Reliance on Security Responses.
• Use of force • SegregaNon • Disciplinary sancNons
! Alterna5ve CI Placements at Lieber 2008-‐10.
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Crisis Interven5on
! Condi5ons of CI Segrega5on. • Stripped out – inmates and cells
• Maybe paper gown, security blanket
• No maaress
• Cold cells • Foul cells
– Human waste, blood
• No showers or hygienic care ! Stays Up to 14 Days.
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Non Mentally Ill Inmates
Sources: Pltfs’ Exs. 227, 357
Mentally Ill Inmates
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PLTF. DEMO.
PX30
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Overview T.R. V. SCDC: Remedial Plan, 180 Days
Adequate Mental Health Staffing
! Psychiatrists ! MSWs and Psychologists
! Trained Clinical Counselors Capital Improvements
! Infirmary Sefngs for Crisis Interven5on
! Space for Individual/Group Therapy
Reform Prac5ces
! Reduce Use of Force ! Reduce Long-‐Term
Segrega5on
! Increase Staff Training ! Meaningful Quality
Review
! Improve Iden5fica5on System
! Improve Administra5on of Medica5ons
! Develop Reliable IT System
! Improve Crisis Interven5on
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Web Sites
" www.mentalhealth4inmates.org " hSp://www.free-‐5mes.com/cover/horrors-‐behind-‐these-‐
walls-‐012214
" hSp://m.theatlan5c.com/na5onal/archive/2014/01/when-‐good-‐people-‐do-‐nothing-‐the-‐appalling-‐story-‐of-‐south-‐carolinas-‐prisons/282938/
" Charleston The Post and Courier 3-‐part series: hSp://www.postandcourier.com/ar5cle/20140412/PC16/140419720; hSp://www.postandcourier.com/ar5cle/20140412/PC16/140419801; hSp://www.postandcourier.com/ar5cle/20140413/PC16/140419799; hSp://www.postandcourier.com/ar5cle/20140414/PC16/140419653