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The Honolulu Advertiser
Posted on: Sunday, January 14, 2007

Mentally ill prisoners receiving shoddy care

 •  Prison probe hints politics at play
StoryChat: Comment on this story

By Rob Perez
Advertiser Staff Writer

O'ahu Community Correctional Center's mental-health services were called grossly inadequate by an ACLU attorney in 1984.

ADVERTISER LIBRARY PHOTO | Jan. 18, 2001

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The Women's Community Correctional Center also gave poor care, the ACLU said in the 1984 suit.

ADVERTISER LIBRARY PHOTO | Jan. 18, 2004

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A HISTORY OF PROBLEMS

1984: The American Civil Liberties Union files a class-action lawsuit on behalf of prisoners at O'ahu Community Correctional Center in Kalihi and the Women's Community Correctional Center in Kailua, alleging the two prisons were overcrowded, lacked medical care for inmates, were unsanitary and had a host of other problems. The ACLU's lead attorney described mental-health services at OCCC as grossly inadequate.

1985: The federal government notifies the state of the results of its one-year investigation of OCCC, alleging that unconstitutional conditions existed because of inadequate medical, dental and psychiatric care.

1985: On the eve of trial in the ACLU case, the state concedes that major problems exist at both prisons and signs a consent decree agreeing to fix them. The changes would be monitored by a panel of experts, who gave their findings to the court.

1998: Conditions at the women's prison improved to the point that it was removed from the lawsuit.

1999: The ACLU agreed to end the lawsuit after determining OCCC was in compliance with the consent decree. The court dismissed the case.

June 2005: The Justice Department notifies Gov. Linda Lingle that it is investigating OCCC's mental-health services to determine whether inmates' civil rights were being violated.

November 2005: Three medical experts who inspected the prison issue an internal report for the Justice Department detailing numerous deficiencies in the prison's mental-health care.

July 2006: Departing from its usual practice, the Justice Department gives a copy of the experts' report to the state without issuing its official findings letter.

January 2007: A Justice spokeswoman says the OCCC investigation is still pending.

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EXPERTS FIND OCCC CARE DEFICIENT

Three medical experts who inspected treatment of mentally ill prisoners at O'ahu Community Correctional Center in late 2005 found numerous deficiencies. The inspection was part of an ongoing federal investigation into the prison's mental-health services, but the Justice Department has not issued official findings yet. Here are some of the findings of the three psychiatrists and how the state has responded:

  • No designated person was in charge of mental-health services, the organizational structure was confusing and inconsistent, policies and procedures were outdated and often not followed, and a quality improvement process essentially did not exist.

  • Significant deficiencies existed in treatment programs for men and women. Mental-health care was primarily limited to medication. Treatment planning mostly wasn't done.

  • Inmates were placed in therapeutic lockdowns that lasted days to weeks and were not allowed any privileges. No discernable treatment was provided except for psychotropic medications, and the inmates weren't monitored adequately. The lockdowns frequently exacerbated symptoms.

  • Suicide watches resulted in significant isolation, deprivation and general discomfort, all of which likely worsened the psychotic symptoms. Clinical monitoring was inadequate.

    "They are locked in with no reading materials, are only allowed to wear their undershorts and allowed a special suicide blanket. They are generally not allowed an eating utensil, may have no facility to wash during the day, have minimal exercise outside of the cell and uniformly report they were cold. Detainees also reported that cells were often not cleaned between detainees cell moves."

  • Individual counseling was an exception rather than the rule.

  • There was inadequate access to or use of psychiatric hospitalization for those needing such care.

  • Restraints were used for agitated women detainees without documentation showing range of motion, monitoring of vital signs or clear guidelines for release from restraints.

  • With few exceptions, discharge services were not provided to those leaving the prison.

  • The prison lacked sufficient numbers of trained mental-health professionals.

  • Documentation problems were found throughout the programs.

    The Department of Public Safety's response:

  • "The department has taken significant steps to address the various concerns identified through the DOJ's investigative process, choosing not to wait for the DOJ to issue its findings and recommendations. All necessary changes cannot realistically take place instantaneously. The department, however, is confident that all changes that could be made immediately have been made, that the appropriate review and planning for future changes are well under way and that it has in place the basic structure for a successful mental-health program."

  • Hired five mental-health professionals, including a program administrator, and one medical records technician.

  • Meeting weekly to develop master treatment plans for inmates with identified needs.

  • Working toward providing each OCCC inmate in the therapeutic housing units with face-to-face treatment time and 20 hours of mental-health programming per week.

  • Revising policies, including changing its therapeutic lockdown one, emphasizing intervention and rehabilitation. Since then, inmate behavior has improved.

  • Doing discharge planning to link OCCC inmates with community mental-health programs.

  • Training workers on a revised suicide prevention manual. The number and duration of suicide watches has since declined considerably.

  • Using a more timely process for transferring inmates to the Hawai'i State Hospital.

    Sources: Federal experts report, Department of Public Safety

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    The care of mentally ill inmates in Hawai'i's prison system is so deficient that many fail to get treatment that meets even basic minimum standards and are subjected to conditions considered harmful and likely to worsen their symptoms, an Advertiser investigation has found.

    The conditions are so shoddy that people on the outside would be horrified and embarrassed for the state if they knew what was happening on a regular basis behind prison walls, according to mental-health professionals, advocates and others familiar with the treatment of the incarcerated mentally ill.

    "It is a lot more horrible than anybody would think," said Dr. Vit Patel, chief psychiatrist for the Department of Public Safety, which runs the prisons. "If you are a prisoner, God help you."

    The controversy over mental-health services is only the latest to hit the state's troubled penal system in recent years. Its youth facility has been dogged by accusations of civil-rights violations; the adult prisons are so overcrowded that the state has shipped hundreds of inmates to the Mainland; and its largest prison, O'ahu Community Correctional Center, became the target of a federal civil-rights investigation in 2005 over treatment provided to its mentally ill inmates.

    That probe began only six years after OCCC emerged from more than a decade of court oversight that centered on poor prison conditions, including mental-health services. Since court oversight ended in 1999, conditions have deteriorated, critics say.

    STATE MAKING CHANGES

    The state has acknowledged that mental-health care throughout the prison system needs improving and, in response to the ongoing federal investigation, has been making changes at OCCC, hiring more people and revising operations. The changes already have resulted in improved care and improved inmate behavior, according to Department of Public Safety officials.

    "It has been a win-win situation in this regard — both department personnel and inmates have benefited," the agency said in a statement.

    The department plans to use what it has done at the Kalihi institution as a blueprint for making changes throughout the system.

    It faces a huge task.

    Based on interviews and government documents, The Advertiser found numerous examples of what were described as substandard, unhealthy or dangerous practices involving treatment of mentally ill inmates throughout the state's prison system. The practices stem largely from a shortage of staff, inadequate resources, antiquated buildings and overcrowding.

    National prison-reform experts told the newspaper that the practices likely violate the detainees' constitutional rights and fall short of minimum correctional-industry benchmarks.

    "What you have described is a system that doesn't meet those standards," said Eric Balaban, staff counsel for the American Civil Liberties Union's National Prison Project in Washington, D.C.

    Among the newspaper's findings:

  • For the majority of mentally ill inmates, the bulk of their treatment consists of medication and little else, leaving them at risk of getting worse through neglect, isolation or deprivation, according to several mental-health professionals familiar with the system. Advocates have estimated that anywhere from 20 percent to 40 percent of Hawai'i inmates are mentally ill.

  • Facilities on the Neighbor Islands are so inadequate that they give rise to potentially harmful conditions for the mentally ill, according to several Department of Public Safety employees, including Patel.

    At Hawai'i Community Correctional Center in Hilo, for instance, as many as three inmates believed to be a danger to themselves or others have been kept on suicide or safety watch for long periods in the same tiny holding room, a potentially volatile mix that is tolerated only because of a lack of space, two of the employees said. The room is so small that when three mattresses are laid on the floor, almost the entire area is covered. Sometimes, the room is used to temporarily house as many as five regular inmates because the staff has nowhere else to put them.

    "If this was a dog kennel, the Health Department would have shut us down years ago," said a Hilo prison worker who asked not to be named for fear of retribution. "We treat animals better than this."

  • Mental-health staff lack the resources and support personnel to write and monitor treatment plans for the majority of seriously ill prisoners, prompting providers to focus mostly on immediate patient needs without a formal long-term strategy for getting the inmates better, according to Patel and another person familiar with the situation. Further impeding their efforts is that the providers have no computer system, so patient records are kept by hand, and those records often are incomplete or misplaced.

  • At two Neighbor Island prisons, Maui Community Correctional Center and Kulani Correctional Facility on the Big Island, no mental-health professionals are based there, so inmates who have psychotic episodes or other behavior emergencies may not be seen by a psychiatrist, psychologist or psychiatric social worker for days and possibly as long as two weeks, whenever the next regularly scheduled visit by a provider occurs, said two DPS employees. In the interim, nurses consult with Patel by phone to treat the patients, an arrangement national experts said is fraught with potential dangers.

    "It is far from ideal," Patel agreed, but he said staff limitations provide no alternatives.

  • Mentally ill people accused of crimes, even minor ones, can languish behind bars for weeks or months with little or no treatment if a question of competency arises, prompting suspension of a right to a speedy trial while the detainee awaits a mental evaluation, according to a 2004 report by the Hawai'i Disability Rights Center. Misdemeanor suspects who undergo such evaluations generally are jailed for far longer than if they were convicted and sentenced for the original charge, the report said. One such case involved a person who stole a cup of coffee from a store, according to one DPS worker. The waits have lasted up to 180 days in some cases — and the detainees have yet to be convicted of a crime.

    While these pre-trial detainees are sitting in jail, "they're getting nothing" in terms of treatment, said Gary Smith, president of the center.

  • At Halawa Correctional Facility, an inmate on strict suicide watch can sometimes be stripped to his undershorts and placed in a holding cell in an air-conditioned part of the prison that gets so cold some staff frequently wear jackets. The clothes are removed to prevent hangings. The inmate is given a blanket only at night, Patel said, and if he seems OK after a day or so, the prisoner can get his clothes back.

  • In some prisons, no dedicated space is set aside for mental-health professionals to talk with their patients, so interviews sometimes are conducted in hallways or wherever else they can find a measure of privacy, said Patel and two other DPS employees. It is not the way patients should be treated, they said.

    Dr. John Purtzer, a psychiatrist who worked three days a week for DPS from 2003 to 2006, said he talked with patients in hallways and other areas at the Maui and Hilo prisons whenever the offices he otherwise would use were busy.

    'IT'S A SHAME'

    The findings underscore what many advocates say has been a steady deterioration of conditions in recent years within the DPS network, which has eight facilities and early this month housed nearly 3,700 inmates.

    "All of the prisons are a mess," said Lois Perrin, legal director for the ACLU of Hawai'i. "I don't know of a facility that is in compliance with constitutional standards. ... It's a shame."

    David Fathi, senior staff counsel for the ACLU's prison project, the only national litigation program on behalf of prisoners, said the conditions described by The Advertiser were "overwhelmingly likely" to violate the inmates' constitutional rights.

    One or a few of the conditions exist at prisons around the country, but "the combination of all of them in one system is somewhat unusual and certainly cause for concern," Fathi said.

    The DPS professionals and support staff who work with Hawai'i's mentally ill prison population generally are praised by prisoner advocates and others as hard-working and dedicated, doing the best they can under trying circumstances. But they have so little to work with that their patients suffer, the advocates and professionals say.

    "A lot of this happens by default, not by design," said Patel, the agency's chief psychiatrist for the past four years.

    Still, the effect is the same, advocates say.

    "We're nowhere near the minimum standard of care, and that's what's scary," said Kat Brady, coordinator of the Community Alliance on Prisons. "People who enter prisons with mental-health problems are going to become way more damaged than when they came in."

    Federal concerns about the quality of prison mental-health care surfaced in mid-2005 when the Justice Department notified Gov. Linda Lingle that it was investigating such services at OCCC, considered at the time one of the better DPS facilities for dealing with the mentally ill because of improvements made during the court oversight.

    What three medical experts found there during their October 2005 site inspection was disturbing.

    Many seriously mentally ill inmates were being harmed because of a lack of adequate care, according to the November 2005 report the experts wrote. Some women detainees who needed psychiatric hospitalization because of severe psychotic symptoms, for instance, were instead kept at OCCC and placed in restraints or secluded, worsening their conditions, the experts noted. One severely psychotic woman was released from the jail to the streets without adequate assessment of suicide risk and stabilization of her psychosis.

    The report, not publicly released but recently obtained by The Advertiser, detailed widespread and systemic problems with mental-health treatment at the facility, which had been under court supervision from 1985 to 1999 partly because of deficiencies in its mental-health care.

    That supervision ended once the court determined the facility was in compliance with a consent decree between the state and the ACLU, which had filed a class action lawsuit in 1984 over prison conditions at OCCC and the women's facility on O'ahu.

    Yet six years after the court oversight ended, the three experts found some of the same or similar conditions facing OCCC's mentally ill population. The deficiencies they documented were similar to problems critics say plague the rest of the prison system today. Together, the assessments depict a system largely failing a group with no political voice and few advocates, partly explaining how conditions have been allowed to deteriorate.

    LOCKDOWNS CRITICIZED

    The experts' report is not the official findings of the Justice Department. A spokeswoman said the investigation is continuing and an official findings letter will be issued later, though she couldn't say when.

    The experts found much that was lacking with OCCC's quality of care.

    Detainees not on suicide watch or therapeutic lockdowns had no therapies outside of medication, no individualized treatment plans, no organized counseling and no group activities, the experts said.

    "Inmates are locked down more than not and there is little to no opportunity for therapeutic intervention of the most rudimentary kind," they wrote.

    The experts also found significant problems with the prison's use of therapeutic lockdowns, suicide watch and restraints.

    Therapeutic lockdowns, which were triggered by disruptive or threatening behavior and could last days or weeks, meant secluding prisoners and giving them no privileges, such as reading materials, personal visits or phone calls, cigarettes or social interaction.

    When OCCC inmates were put on lockdown, the practice was equivalent to the use of seclusion but without the associated mental-health and nursing checks, the experts found. Such treatment frequently resulted in worsening symptoms, they said.

    Likewise, the experts questioned how the suicide watches, which involve 23-hour lockdowns, were handled, including the lack of monitoring of the inmate's intent to harm himself. They said the procedures resulted in significant isolation, deprivation and general discomfort and likely exacerbated a prisoner's symptoms.

    "We found individuals who have languished in this status for inordinately long time periods without even rudimentary re-evaluation of suicidal ideation or intent," they wrote.

    CALLS FOR OVERSIGHT

    DPS said it immediately started addressing concerns raised by the experts in late 2005, significantly decreasing the likelihood that serious incidents similar to what the experts found will reoccur.

    As a result of money appropriated last year in response to the Justice investigation, the department has hired five mental- health professionals and one records technician, and is "well on the road to appropriately addressing the mental-health needs of the OCCC population and those at other (DPS) facilities," it said in the statement. The department is continuing to recruit for other positions as well.

    It also noted that inmate suicides, which totaled seven in 1999, has declined to none each of the past two years.

    Prisoner advocates said the ending of court oversight at OCCC and the subsequent deterioration of conditions there were directly linked.

    "Once the consent decree was lifted, the institution went back to its old ways," said the ACLU's Perrin.

    And because the treatment of mentally ill prisoners has received little attention since then, few outcries have resulted. At a recent four-hour legislative hearing on how to improve the prison system, hardly any time was spent discussing ways to improve mental-health services.

    One reason the issue doesn't get much attention is that people look beyond the mental illness and see only a criminal, advocates say. "There's a very pervasive feeling that you're a criminal, you deserve it and no amount of money should be spent to improve your circumstances," said Smith, the disability-rights advocate.

    But conditions have deteriorated so much that more advocates are taking notice and will pressure the state to make reforms, some say.

    "Every advocacy organization is extremely concerned about this," said Marion Poirier, executive director of the National Alliance on Mental Illness O'ahu.

    DPS's Patel said the scrutiny will help bring positive change. "The best thing that can happen is for someone to keep breathing down our necks," he said.

    Reach Rob Perez at rperez@honoluluadvertiser.com.