Mentally ill prisoners receiving shoddy care
| Prison probe hints politics at play |
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By Rob Perez
Advertiser Staff Writer
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:
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."
"It is far from ideal," Patel agreed, but he said staff limitations provide no alternatives.
While these pre-trial detainees are sitting in jail, "they're getting nothing" in terms of treatment, said Gary Smith, president of the center.
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.