Corcoran Strike for Medical Care Leads to Hospitalization of Diabetic

From an email, Oct 9th, 2014

After a week of hunger striking by three men inside Corcoran SHU and organizers calling and writing to the prison, we are happy to report that Kambui Robinson has been moved to the Acute Care Hospital in Corcoran for his diabetic complications, and the hunger strike is now ended.

Thanks to everyone who called, wrote, or circulated the message—but our fight is not over!

Advocacy is still needed for the following issues:

Kambui Robinson’s health is in a dire state and he needs to be permanently moved into a medical care facility such as the one in Vacaville. Diabetic complications have left his eyesight so bad that he has not been able to read for several weeks, and he is has been experiencing stroke-like symptoms for
the past several weeks.

Michael Durrough is still without an extension cord for his CPAP machine, which is necessary for his sleep apnea. Without this cord, which is allowable property but currently withheld on warden’s discretion, Michael risks the possibility of stopping breathing while sleeping every night.

Heshima Denham needs immediate attention to severe pain he is experiencing on his right side. He is in constant pain and it has become extremely disruptive to daily activity. He needs an MRI as well as kidney and liver tests in order to diagnosis this pain.

We need adequate medical care for everyone in CSP-Corcoran!  At this time, please continue to contact the below officials alerting them to the immediate needs of Kambui Robinson (C-82830), Michael Dorrough (D-83611) and Heshima Denham (J-38283).  Calls to the Receiver’s office are especially welcome.  (The receiver’s office will call you back and will tell you that they can’t give out peoples’ personal medical info, but all you need to do is reply that you’re not asking for such info and are just asking that the individuals you have called about receive appropriate and timely care).

Contact information for CDCR officials:

Dave Davey
Corcoran Warden
559-992-8800 (extension not known)
dave.davey@cdcr.ca.gov

Medical Receiver
California Correctional Healthcare Services
916-691-3000
CPHCSCCUWeb@cdcr.ca.gov

Cherita Wofford
Office of the Ombudsman
916-324-6123
cherita.wofford@cdcr.ca.gov

Sara Malone
Office of the Ombudsman
916-327-8467
Sara.Malone@cdcr.ca.gov

Diana Toche
Undersecretary for Health Care Services and Undersecretary for Administration
and Offender Services, CDCR
diana.toche@cdcr.ca.gov

Medical care tops inmate grievances

This comes from: Wyoming Tribule-Eagle:
May 27 2013

Complaints about health care in state prisons and jails increased, according to a recently released report.

By Kelsey Bray
kbray@wyomingnews.com

CHEYENNE — Poor medical and mental health care again topped the list of complaints from Wyoming prisoners, according to an American Civil Liberties Union report.

“We have always received medical and mental health care complaints from prisons and jails,” Wyoming ACLU attorney Jennifer Horvath said. “Last year, we saw a significant rise in those complaints, and the nature of the complaints was more serious.”

In the second annual report, titled “Incarceration in Wyoming,” 30 percent of complaints from prisons and 27.2 percent of complaints from jails in 2012 were about medical care. In 2011, the numbers were 24.8 percent from prisons and 21 percent from jails.

Prisoner complaints

The ACLU gets complaints from prisoners and others, including inmates’ family members.

According to the report, the total number of complaints doesn’t correspond to the number of letters the organization gets. Sometimes one prisoner complains about more than one issue, and sometimes multiple letters from one prisoner are received about one issue, which only counts as one complaint.

These complaints include civil liberty concerns such as religious freedom and expression, which made up 14.7 percent of prison complaints and 15.5 percent of jail complaints in 2012.

“We have people who are not able to have diets consistent with their faith, like kosher diets,” Horvath said. “Some (complaints) are about people’s access to religious materials.”

Inmates also complained about excessive force by guards and solitary confinement, where they are alone in a cell for 22 to 24 hours a day.

Medical complaints

Most medical complaints centered on denial or delays of adequate medical or mental health care.

Read the rest here: http://www.wyomingnews.com/articles/2013/05/26/news/20local_05-26-13.txt

America’s 10 Worst Prisons: Ely State Prison makes it to the Dishonorable Mentions (top 17)

America’s 10 Worst Prisons: Dishonorable Mentions
7 runners-up, from a “gladiator school” to America’s largest death row.

By James Ridgeway and Jean Casella
Wed May. 15, 2013, in:  Mother Jones Magazine

#1: ADX (federal supermax)
#2: Allan B. Polunsky Unit (Texas)
#3: Tent City Jail (Phoenix)
#4: Orleans Parish (Louisiana)
#5: LA County Jail (Los Angeles)
#6: Pelican Bay (California)
#7: Julia Tutwiler (Alabama)
#8: Reeves Country Detention Complex (Texas)
#9: Walnut Grove Youth Correctional Facility (Mississippi)
#10: Rikers Island (New York City)

Read the complete introduction to our 10 Worst Prisons project.
Last of 11 parts.

Serving time in prison is not supposed to be pleasant. Nor, however, is it supposed to include being raped by fellow prisoners or staff, beaten by guards for the slightest provocation, driven mad by long-term solitary confinement, or killed off by medical neglect. These are the fates of thousands of prisoners every year—men, women, and children housed in lockups that give Gitmo and Abu Ghraib a run for their money.

While there’s plenty of blame to go around, and while not all of the facilities described in this series have all of the problems we explore, some stand out as particularly bad actors. These dishonorable mentions make up the final installment of our 11-part series, a subjective ranking based on three years of research, correspondence with prisoners, and interviews with reform advocates concerning the penal facilities with the grimmest claims to infamy.

Attica Correctional Facility (Attica, New York): More than four decades after its famous uprising, New York’s worst state prison still lives up to its brutal history. According to the Correctional Association of New York, which has a legislative mandate to track prison conditions, Attica is plagued by staff-on-prisoner violence, intimidation, and sexual abuse.

Communications Management Units (Marion, Illinois, and Terre Haute, Indiana): These two federal prisons-within-prisons, whose populations are more than two-thirds Muslim, were opened secretly by the Bureau of Prisons during the Bush administration, according to the Center for Constitutional Rights, which is challenging the facilities in a federal lawsuit. “The Bureau claims that CMUs are designed to hold dangerous terrorists and other high-risk inmates, requiring heightened monitoring of their external and internal communications,” notes a lawsuit fact sheet. “Many prisoners, however, are sent to these isolation units for their constitutionally protected religious beliefs, unpopular political views, or in retaliation for challenging poor treatment or other rights violations in the federal prison system.” (Also see: Pelican Bay.)

Ely State Prison (Ely, Nevada): A “shocking and callous disregard for human life” is how an auditor described medical care at Ely, which houses the state’s death row along with other maximum security prisoners (PDF). The audit, which found that one prisoner was allowed to rot to death from gangrene, formed the basis of a 2008 class-action lawsuit brought by the ACLU’s National Prison Project. The suit was settled in 2010, but by 2012 the prison still was not in full compliance.

Idaho Correctional Center (Kuna, Idaho): Run by Corrections Corporation of America, the world’s largest private prison company, ICC has been dubbed a “gladiator school” for its epidemic of gang violence. According to a lawsuit filed in 2010 by the ACLU of Idaho (PDF), the violence is not only condoned but actively promoted by the staff. The suit was settled, but last November, the ACLU said CCA appeared to be violating the agreement, which called for increased staffing and training, reporting of assaults to the local sheriff’s office, and disciplinary measures for staffers who didn’t take steps to stop or prevent assaults.

San Quentin State Prison (Marin County, California): This decrepit prison, which sits on a $2 billion piece of bayside real estate, is home to America’s largest death row. As of late-April, there were 711 men and 20 women condemned to die at San Quentin—you can find the latest stats here (PDF); the figure is constantly changing, despite a state moratorium on executions, because prisoners frequently die of illness or old age. Some even commit suicide rather than remain in solitary limbo.

Louisiana State Penitentiary (Angola, Louisiana): At America’s largest prison, those who embrace warden Burl Cain’s pet program of “moral rehabilitation” through Christianity are afforded privileges while sinners languish in institutional hell. A former slave plantation, the prison lends its name to the so-called Angola 3, two of whom have been held in solitary for 40 years, largely for their perceived political beliefs. (In March, Louisiana’s attorney general declared, bafflingly, that the men had “never been in solitary confinement.”)

The federal pen at Lewisburg.
United States Penitentiary (Lewisburg, Pennsylvania): In this overcrowded supermax, the target of multiple lawsuits, prisoners are locked down for 23 to 24 hours a day in the company of a cellmate. One lawsuit alleges that prison officials deliberately pair people with their enemies, and that this practice has led to at least two deaths. The suit also claims that prisoners have been strapped to their bunks with four-point restraints if they resist their cell assignments.

Research for this project was supported by a grant from the Investigative Fund and The Nation Institute, as well as a Soros Justice Media Fellowship from the Open Society Foundations. Additional reporting by Beth Broyles, Valeria Monfrini, Katie Rose Quandt, and Sal Rodriguez.
##

Las Vegas Sun: Prison News in a few words, circumventing the Real Issues

On Dec. 17th 2012 this article was published by the Las Vegas Sun about a study researching the question if there are not enough guards in Nevada’s prisons:

http://www.lasvegassun.com/news/2012/dec/17/too-few-prison-guards-nevada-study-find-out/

This article is a mish-mash of news about Nevada’s prisons with just a few words, and without much research, which omits Real Issues.

For instance, towards the end of the LV Sun article, this sentence can be read:

On another subject, state Health Officer Stacy Green told the board that all the medical violations in the prison system have been corrected. The prisons are in “complete compliance” with the medical standards, she said.

Which medical standards? Those of the UN? Is this a response to the ACLU of Nevada’s Report of 2011?How can this be? Nevada Cure has expressed to its members that they still receive complaints by prisoners of the lack of medical care on a daily basis. See for instance documents 28, 29, 30 and 30a here. And documents 55, 57-58, 59-59A here. And document 60, 61 here. These are documents belonging to Nevada Cure’s ongoing project documenting abuses inside the Nevada Department of Corrections’ prisons.

Does this mean that the culture institutionalized inside Nevada’s prisons of disrespect and cruelty towards incarcerated people, of some dominant, authoritarian, unreasonable tyrant-wardens and unprofessional, revenge/retaliation-seeking staff is now over? It is simply not true!

Why are Real Issues like Solitary Confinement (two prisons are nearly completely on permanent lockdown (meaning being celled up 23/7) with no change in sight: HDSP and Ely State Prison, and other prisons like NNCC may follow), staff-to-prisoner assaults, unhealthy food, lack of programs, lack of care for mentally ill prisoners, to name but a few ills inside the prison system, not mentioned in more detail and more regularly? Why are prison deaths never investigated by journalists?

More money MUST be invested if we want to keep incarcerating people for such long times as Life Without Parole, or sentences of 20+ years. Why? Because people voted to have representatives who WANT this! The public PAYS TAX to have these long sentences inflicted on people who go to prison, whether they are guilty or not. And prisoners are still human beings! Therefore we have to review how they are being treated.

You do not have to like prisoners to treat them humanely just like any other person in a state-run or privately run institution. Because most people in prisons will one day return, and will not be reformed, if we go on like this. And crime is not being solved by building or expanding prisons.

We need a system based on prevention and reform, not revenge.

SPLC reaches agreement to address prisoner abuse, neglect at Orleans Parish Prison

From: Southern Poverty Law Center
Dec. 11th 2012

The SPLC has reached an agreement with officials in Orleans Parish, La., to address the brutal and inhumane conditions at the Orleans Parish Prison, where prisoners have endured rampant violence, sexual assaults and neglect.

The federal consent decree outlines steps that Orleans Parish Sheriff Marlin Gusman will take to ensure prisoner safety and adequate staffing of the facility. If approved by the court, an independent monitor will oversee the agreement to ensure compliance. The agreement, the result of an SPLC lawsuit filed in April, also would apply to any new facility that is built to replace the jail.

“We are hopeful the judge will agree that this settlement is in the best interest of all parties involved,” said Katie Schwartzmann, managing attorney for the SPLC’s New Orleans office and lead attorney on the case. “We also applaud Sheriff Gusman and his office for taking the important first step of acknowledging the problems within the jail. While implementation will be difficult, we are committed to improving conditions, and will work with him to do so. We also need the city to work with us and provide the funding to truly fix this jail.”

SPLC clients Byron Morgan and Nicholas Miorana, both prisoners in the Orleans Parish Prison, said they were pleased an agreement has been reached. “I am excited the sheriff has agreed to take a hard look, and fix this jail,” Morgan said. “I hope Mayor Mitch Landrieu will help make the changes as well.”

Miorana added, “Today, I understand what right and wrong stand for. With help from the Justice Department and SPLC, our cries will finally be heard.”
The decree includes the following provisions:

  • Review and monitoring of prison operations by a professional corrections administrator.
  • Comprehensive policies governing the use of force and restraints on prisoners.
  • Documenting and tracking complaints of prison staff using excessive force.
  • A staffing plan that provides enough officers to ensure prisoner safety.
  • A ban on placing teenagers in units where they may have contact with an adult prisoner.
  • Guidelines for providing medical and mental health care for prisoners.

The SPLC lawsuit, which was filed in the U.S. District Court for the Eastern District of Louisiana, described a facility where widespread violence and contraband – including knives – are the norm. It also noted that the jail is understaffed and that deputies are not only poorly trained and supervised, but are often complicit in the abuses suffered by the prisoners.

The U.S. Department of Justice intervened in the case in September, joining the effort to address the conditions. Three years ago, a comprehensive investigation by the department documented many of the same violations contained in the SPLC lawsuit.

Once the agreement is approved by the court, it will go into effect immediately. However, certain provisions cannot be implemented until the city and the sheriff’s office resolve how to provide adequate funding for the jail. If the city and the sheriff cannot resolve the funding dispute, the funding issue will go to trial on April 4, 2013, before U.S. District Judge Lance Africk.

“April 4 is a long time for the men, women and children in Orleans Parish Prison to wait,” said Schwartzmann. “With Sheriff Gusman committed to reform, we urge Mayor Landrieu to provide immediate emergency funding to support the necessary changes. Every day we wait, the lives of thousands of New Orleanians remain at risk.”

Audit finds prison doctors paid for hours not worked

From: Las Vegas Sun
Dec 12th 2012, By Cy Ryan

CARSON CITY — Doctors hired by Nevada’s prison system may have been paid $1.9 million for hours they didn’t work, an audit found.

The audit found that full-time physicians, who are employed to work four ten-hour shifts a week, put in an average of only 5.3 hours per day. Part-time doctors work two ten-hour days.

“We estimate the annualized unsupported payments for full time doctors and part time doctors for fiscal year 2012 were approximately $1.9 million,” said the report by the Division of Internal Audits in the state Department of Administration.

The 23 physicians at the seven state prisons are paid an hourly rate ranging from $64 to $82.
An audit several years ago found that physicians hired in the state mental health system failed to put in the hours they were paid for, prompting officials to tighten controls.

The prison audit included physicians, dentists and psychiatrists.

The audit says physicians, as exempt employees, are not required to work the full ten-hour daily shift, but standard practice in Nevada is they put in “something equivalent to a 40 hour work week or more.”

Read the rest here: http://www.lasvegassun.com/news/2012/dec/12/audit-finds-prison-doctors-paid-hours-not-worked/

Red Onion Prisoners Unite in a Hunger Strike Protesting Abuse

PLEASE SUPPORT, UPDATES AT http://virginiaprisonstrike.blogspot.com/

Red Onion Prisoners Unite in a Hunger Strike Protesting Abuse

FOR IMMEDIATE RELEASE—MAY 21, 2012

Press Contacts: Solidarity with Virginia Prison Hunger Strikers

John Tuzcu /216.533.9925 / vasolidarity@gmail.com
Adwoa Masozi / 973.494.4266 / vasolidarity@gmail.com

What: Press Conference
When: 11 AM
Where: VA Department of Corrections, 6900 Atmore Dr. Richmond VA (at the DOC sign on the corner of Atmore and Wyck St.)

RICHMOND – On Tuesday May 22 as many as 45 prisoners at Red Onion State Prison, comprising at least 2 segregation pods, will enter the first day of a hunger strike protesting deplorable conditions in the prison and ongoing abuses by prison staff. For the men participating in the strike this is their only recourse to get Red Onion warden Randy Mathena to officially recognize their grievances and make immediate changes to food, sanitation and basic living conditions at the prison.

Supporters from DC and Virginia along with prisoner family members will hold a press conference at 11 AM in front of the VA Department of Corrections, in Richmond at 6900 Atmore Dr., to urge Warden Mathena, the Virginia Department of Corrections under Harold Clarke, Governor Bob McDonell, state Senators Mark Warner and Jim Webb and other state and congressional legislators to act on behalf of justice and human rights. ­­

A statement released by one of the hunger strike representatives said, “We’re tired of being treated like animals. There are only two classes at this prison: the oppressor and the oppressed. We, the oppressed, despite divisions of sexual preference, gang affiliation, race and religion, are coming together. We are rival gang members but now are united as revolutionaries.”

Some of the prisoner’s demands include the right to have fully cooked meals, the right to clean cells, the right to be notified of the purpose and duration of their detention in segregation, and a call for the end to indefinite segregation. Red Onion has been repeatedly criticized since it opened in 1998. A 1999 Human Rights Watch report on Red Onion concluded that the “Virginia Department of Corrections has failed to embrace basic tenets of sound correctional practice and laws protecting inmates from abusive, degrading or cruel treatment.”

After exhausting legal and administrative channels, prisoners are holding this hunger strike to bring these abusive prison conditions to light. This action comes at a time when many are speaking out against the expanding prison system in the United States in an effort to uphold their human dignity and basic human rights.

Letters signed by residents in Congressional District 9 will be delivered to the Senators office later in the week and concerned citizens from across Virginia and the nation will be pressuring the Virginia DOC to meet the prisoner’s demands.

Ten Demands of ROSP Hunger Strikers

We (Prisoners at Red Onion State Prison) demand the right to an adequate standard of living while in the custody of the state!

1. We demand fully cooked food, and access to a better quality of fresh fruit and vegetables. In addition, we demand increased portions on our trays, which allows us to meet our basic nutritional needs as defined by VDOC regulations.

2. We demand that every prisoner at ROSP have unrestricted access to complaint and grievance forms and other paperwork we may request.

3. We demand better communication between prisoners and higher- ranking guards. Presently higher-ranking guards invariably take the lower-ranking guards’ side in disputes between guards and prisoners, forcing the prisoner to act out in order to be heard. We demand that higher- ranking guards take prisoner complaints and grievances into consideration without prejudice.

4. We demand an end to torture in the form of indefinite segregation through the implementation of a fair and transparent process whereby prisoners can earn the right to be released from segregation. We demand that prison officials completely adhere to the security point system, insuring that prisoners are transferred to institutions that correspond with their particular security level.

5. We demand the right to an adequate standard of living, including access to quality materials that we may use to clean our own cells. Presently, we are forced to clean our entire cell, including the inside of our toilets, with a single sponge and our bare hands. This is unsanitary and promotes the spread of disease-carrying bacteria.

6. We demand the right to have 3rd party neutral observers visit and document the condition of the prisons to ensure an end to the corruption amongst prison officials and widespread human rights abuses of prisoners. Internal Affairs and Prison Administrator’s monitoring of prison conditions have not alleviated the dangerous circumstances we are living under while in custody of the state which include, but are not limited to: the threat of undue physical aggression by guards, sexual abuse and retaliatory measures, which violate prison policies and our human rights.

7. We demand to be informed of any and all changes to VDOC/IOP policies as soon as these changes are made.

8. We demand the right to adequate medical care. Our right to medical care is guaranteed under the eight amendment of the constitution, and thus the deliberate indifference of prison officials to our medical needs constitutes a violation of our constitutional rights. In particular, the toothpaste we are forced to purchase in the prison is a danger to our dental health and causes widespread gum disease and associated illnesses.

9. We demand our right as enumerated through VDOC policy, to a monthly haircut. Presently, we have been denied haircuts for nearly three months. We also demand to have our razors changed out on a weekly basis. The current practice of changing out the razors every three weeks leaves prisoners exposed to the risk of dangerous infections and injury.

10. We demand that there be no reprisals for any of the participants in the Hunger Strike. We are simply organizing in the interest of more humane living conditions.

When prison illness becomes a death sentence

From The Guardian, on Feb. 16th 2012, this gruelling story about a private prison from CCA in Colorado, Bent County CF. May people outside wake up to the fact that people in prisons are Human Beings! Stop the privatising of prisons. Health care for everyone, INCLUDING people in prisons.

Two in every five inmates in US prisons have a chronic medical condition. Terrell Griswold, due for release last year, was one.

On 28 October 2010, Lagalia Afola received a phone call from the Bent County Correctional Facility, a private prison operated by the Correctional Corporation of America (CCA), informing her that her 26-year-old son, Terrell Griswold, was dead. Terrell was serving a three-year sentence for burglary and was due to be released in early 2011. Sadly for him, and for his grieving family, he never made it home.

The autopsy report stated that Terrell died as a result of “hypertensive cardiovascular disease” and that he had a clinical history of hypertension, for which he refused to take medication. His mother found this conclusion hard to accept and, after months of persistent enquiry, was finally
provided with at least some of her son’s medical records. Upon reviewing the records, she discovered that her son had been suffering from a blockage in his prostate that prevented him from urinating properly, causing chronic kidney damage, and which, she believes, ultimately
contributed to his abrupt demise.

This blockage in Terrell’s prostate was discovered on 3 December 2009 by Dr David Oba, an attending physician at the CCA prison. The doctor noted at the time that inmate Griswold reported having had problems passing urine for the past two months:

“He has the urge to void but sometimes is unable to void at all, other times he has a very weak stream but is able to void.”

The doctor also noted that he had discussed with the patient that “he may have a chronic sub-acute prostatitis”, which he planned to treat with a 30-day cycle of ciprofloxacin (Cipro). If there was no improvement he wrote that “he may need an eval [sic] with cystoscope with urology.”

According to the records seen (pdf), Terrell was never treated by an urologist during his entire stay at the CCA facility, and it appears he did not receive the Cipro for almost six months. On 27 January 2010, Terrell had a follow-up visit with a nurse. The nurse’s report of the visit reads as follows:

“I/M (inmate) to medical to discuss non-compliance re: HCTZ & Lisinopril. (Both drugs were to treat hypertension and high blood pressure). Per I/M he has the meds in cell but states he forgets to take meds. I/M agrees to take meds as ordered.”

She goes on to write:

“I/M also reports he never received Cipro for his urinary problem.” She reviews his charts and confirms that the Cipro was never ordered. Following this visit, there are several “Refusal of Treatment Medical Release Forms” dated 5, 13 and 24 February, 10 and 15 March, which appear to have been completed on Inmate Griswold’s behalf but which he “refused to sign”.

There appears to be no record of any visits with the medical team regarding his urinary complaint for several months. His next visit with a nurse (other than to deal with an issue regarding a swollen knee), according to the records I reviewed (pdf), was on 16 August 2010. The nurse notes again that “I/M non-compliant re: medication regimen. Last pick up 5/14/10.” This note is somewhat at odds with Terrell’s monthly medication records, which list all the medications he is taking each month. In May, June and July, the listed medications include HCTZ, Lisinopril and Cipro. If what the nurse stated on 16 August 2010 was true, that Griswold had not picked up his medications since 14 May 2010, then why did the records list all these medications (including Cipro) for the intervening months?

Whatever the explanation, it is clear from what followed is that Terrell Griswold’s urinary complaint never went away.

Close to midnight on 22 October 2010, Terrell declared a medical self-emergency (pdf) and was taken from his cell to the prison clinic. He complained of “diarrhea, dizziness, tingling in his fingers and feet, has an odd smell in nose like bleach or ammonia, feels like his throat is closing up, has acid reflux when awake and pain in epigrastic area.” He did not see a doctor because the doctor was not there; but the doctor did prescribe Bactrim, an antibiotic used to treat infections, over the phone. The nurse noted on her report that inmate Griswold was instructed to take his meds as ordered, told to follow up in 24-48 hours if no better, and was sent back to his cell. She ticked the box that said “no acute distress”.

On 24 October 2010, Griswold got to see the doctor. But according to the records, the doctor performed no tests, did not take a blood pressure reading, and simply wrote the words “UTI” (urinary tract infection) in the assessment section. During this period, Terrell’s cellmate later reported that he was making frequent attempts to urinate.

Three days later, on 27 October 2010, Griswold began vomiting in his cell and was sent to the nurse at 7.30pm. The nurse informed her patient that his antibiotic was making him sick. She ordered him to return to his cell and wrote: “He did not show any outward signs of distress that would have warranted he needed emergency treatment.”

Eleven hours later, at 6.30am, Terrell Griswold was found slumped over his toilet bowl, lifeless. His condition finally warranted emergency treatment (pdf) and the full capacity of the CCA’s medical team kicked in; CPR was administered, the patient was rushed to hospital, where he was pronounced dead at 7.24am. It was noted on his death certificate that his bladder was full of urine.

When a prisoner is deprived of their liberty by the state, they cannot provide themselves with food, water or medical care. For this reason, the state has to assume the responsibility for meeting those basic needs. A private prison that is run for profit has the same obligation to meet these basic needs; otherwise, the prisoner would be deprived of life, a violation of their most basic constitutional rights.

I asked Steve Owen, the senior director of public affairs for the CCA, if he felt that Terrell Griswold had been provided with adequate medical care.
He would not comment on Griswold’s specific case, citing privacy reasons, but he sent a fact sheet (pdf), which, he said, “summarizes both the scope and commitment to quality inmate healthcare services that our company provide and to which our government partners hold us
accountable.”

The fact sheet claims, among other things, that every CCA facility is equipped with a fully-staffed, state-of-the-art medical clinic, which is available for inmate access 24/7; that all care-related decisions are made solely on a medical basis, entirely independent of impact on CCA profits. It also states that CCA facilities utilize an innovative computer program that automates medical records, pill call and pharmacy services, which reduces paperwork and wait times.

Lagalia Afola wrote to Dr Leon Kelly, the coroner who performed her son’s autopsy, detailing her objection to his initial conclusion that her son had died of “hypertensive cardiovascular disease”. When he reviewed the new information, the coroner issued a revised autopsy (pdf), listing obstructive uropathy as one of the causes of death. Dr Kelly told me that he believed the successive urinary episodes led to kidney failure, which “certainly contributed to [Terrell’s] sudden cardiac death”.

At this point, however, the cause of death is of less concern to Mrs Afola than the fact of it. “My son was sentenced to three years for burglary,” she said. “It was not supposed to be a death sentence.”

According to bureau of justice statistics (pdf), around 4,000 inmates died in prison and jails (both public and private) in 2009; and over half of those deaths were illness-related. A comprehensive nationwide survey on the health and healthcare of US prisoners carried out by Harvard Medical School researchers (pdf) found that over 40% of US inmates were suffering from a chronic medical condition, a far higher rate than other Americans of similar age. Of these sick inmates, over 20% in state prisons, 68% in jails and 13.9% in federal prisons had not seen a doctor or nurse since incarceration.

One of the authors of the study, Dr Andrew Wilper, told me they did not include private prisons in their study because, to the best of his knowledge,there was no data available. In his view, he added, “the private prisons like it that way.”

Interested parties can write to:

Sadhbh Walshe
PO box 1466
New York, NY 10150
Or send an email to: sadhbh@ymail.com

http://www.guardian.co.uk/commentisfree/cifamerica/2012/feb/16/when-prison-illness-becomes-death-sentence

Court Order Ensures Treatment For Prisoners With Disabilities

April 13, 2011
FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

NEW ORLEANS, LA — In a victory for Louisianans with disabilities, today a federal court in New Orleans entered a consent decree requiring adequate treatment and care long denied to detainees with mental illness housed in the state’s prisons. This agreement provides mental health care to those charged with crimes but lacking the mental capacity to stand trial. The lawsuit was filed on behalf of one detainee and the Advocacy Center, a non-profit corporation designated by the state to protect and advocate for persons with disabilities.

For years, pretrial detainees who needed restorative mental health treatment were denied such care because Feliciana Forensic Facility, the state facility providing that treatment, has been out of bed space. The lack of treatment beds meant that many detainees ordered by the courts into the custody of Feliciana have remained in local jails without the ability to go to trial, for periods sometimes exceeding a year, despite their presumed innocence. This settlement ensures that the detainees will now be transferred to Feliciana in a timely manner, so that they can have their day in court.

“For years, pretrial detainees with mental illness in Louisiana were denied court-ordered forensic care, which meant that sick people who had not been convicted of any crimes were languishing in our jails,” said Marjorie R. Esman, Executive Director of the ACLU of Louisiana, which represents the plaintiffs. “Under this agreement, the most vulnerable among us will now have the care they need. It’s long past time for the State of Louisiana to recognize its responsibility towards people with disabilities in its custody.”

The settlement ensures a host of reforms. Inpatient treatment will now be provided within 30 days of a finding of need, so that detainees will no longer have to wait months or years for medical help. Procedures have been established to ensure that adequate testing will be administered promptly and that those with emergency mental health needs will be transferred to Feliciana within two working days of assessment. Those with lesser but urgent needs will be transferred within ten working days. Ongoing reporting will ensure that these procedures are met and that all who qualify will receive the appropriate level of care. The U.S. District Court for the Eastern District of Louisiana will provide oversight for the implementation of the order.

“This case was designed to enforce state court orders that require detainees to receive treatment,” said Marjorie Lindblom, a partner with Kirkland & Ellis LLP, a private law firm that has represented the plaintiffs pro bono. “The people affected by this agreement must receive proper care so that their competence to stand trial can be restored, if possible. Until now they’ve been denied that care and kept in jail for months or years. They will now be assured the care they need, so that the justice system can work for all of us.”

Lois Simpson, Executive Director of the Advocacy Center states: “The conclusion of this case ensures that hundreds of prisoners with mental illness get the mental health treatment they need. The Advocacy Center, Louisiana’s Protection and Advocacy agency, will continue to advocate until all Louisianans with mental illness receive quality mental health treatment.”

The plaintiffs were represented by ACLU of Louisiana Legal Director Katie Schwartzmann; Marjorie Lindblom, Maura Klugman, and Adam Humann from the law firm of Kirkland & Ellis LLP; as well as Nell Hahn, Miranda Tait and Conception Otero from the Advocacy Center.

A copy of the Consent Decree is available here: www.laaclu.org/PDF_documents/Feliciana_Signed_consent_decree_041311.pdf

http://www.aclu.org/prisoners-rights/court-order-ensures-treatment-prisoners-disabilities

The Parole Commission in Wisconsin

From the Friends of Steven Stewart:

Steven Stewart will be coming before the Wisconsin Parole Commission in May of this year. We want to help Steven parole, therefore we have to write letters of recommendation to the commission. In searching for the right contact information, we found this very old piece about the Parole Commission (dating from before 2003 if you read closely).

We will be contacting the parole commission and ask them to see what is happening to people in Wisconsin who are eligible for parole, but who are barred from pursuing an education, training, work release program, let alone medical care. Who are locked up in the supermax indefinitely with no help from society, no rehabilitation, nothing. And we all, the tax payers, pay for this inadequate system of warehousing people. The lack of parole possibilities and help to move forward is hurting us all.

Here is what it says on the website of WI Department of Corrections about the Parole Commission: The Parole Commission in Wisconsin

Ms. Deirdre Morgan,
Chair 2701
International Lane
Suite 201
P.O. Box 7960
Madison, WI 53707-7960
Phone (608) 240-7280
Facsimile: (608) 240-7299
Email: parole.comm@doc.state.wi.us

Commissioners
Fred Melendez
Dennis Meier
M. Jeanne Huibregtse
Steven Landreman
Jayne Hackbarth
Sharon Williams
Fran Paul

The Parole Commission is the final authority for granting discretionary paroles or early release from prison. The Commission conducts parole interviews with eligible inmates sentenced to the custody of the Wisconsin Department of Corrections.

A Commissioner meets with an inmate individually and makes an independent decision on the possibility of a parole grant.

The Governor appoints the Commission’s chairperson with the advice and consent of the Senate for a two-year term. The current Chairperson’s term expires March 1, 2003.

The Wisconsin Parole Commission is attached to the Department of Corrections for administrative purposes but it implements its statutory responsibilities independently. Current commission members are selected by the Chairperson.

How Does an Offender Receive a Parole in Wisconsin?

Under the sentencing law in existence previous to Truth-in-Sentencing, an inmate becomes eligible for parole consideration after serving one-quarter of his or her sentences. At the Parole Interview, a Parole Commissioner will gather information needed to determine if the offender will be granted a parole.

Parole Interviews are conducted at the institution where the offender is incarcerated. There are no “courtrooms” at institutions, so the rooms chosen for these hearings are usually offices or small conference rooms. An offender granted parole will be released and will not need another Parole Interview.

If the Parole Interview does not result in a Parole grant, there will be a comment from the Parole Commissioner as to when the offender may be eligible for Parole again. This is called a defer. For example, offenders may be given a “12-month defer” or a “24-month defer”, etc., and their Parole Eligibility Dates (PED) will change accordingly. This means that the offender will not again be eligible for parole until that amount of time has passed. Other than the first Parole Interview (which occurs one month before the PED), all other Parole Interviews will occur approximately two months before the new Parole Eligibility Dates.

In cases where a judge has stipulated that an offender has no Parole Eligibility Date, the offender will actually serve their entire sentence, without any consideration for Parole.

For offenders that have committed a felony on or after 12/31/99 under the new Truth-in-Sentencing law, early parole consideration is not available. In cases such as this, the judge determines the length of time served in prison and the length of time on Extended Supervision.

Parole Commission members review many things when considering parole for an offender. Some examples of things reviewed include offense(s) committed, previous convictions, time served and time remaining on the sentence, letters from victims/witnesses or concerned parties, program participation, and any reports of misconduct while incarcerated.

Criteria for Parole

The following criteria are considered for parole consideration:
– Reached the parole eligibility date in his or her sentence.
– Served sufficient time for punishment of his or her crime(s).
– Shown positive changes in behavior as well as documented progress in programming, treatment and/or educational achievement.
– A viable parole plan which offers the offender realistic opportunities for a stable residence, employment, and programming if needed.
– An acceptably reduced level of risk to the public. (The criteria for determining risk include past criminal and incarceration record, probation and parole violations, security classification, and any unmet treatment or programs needs.)

Truth-In-Sentencing

Under the new Truth-in-Sentencing laws, any person who commits a felony offense on or after December 31, 1999, and is sentenced to at least one year of confinement in prison will not be eligible for early parole. They are required to serve the entire sentence imposed by the Court. However, offenders who violate prison rules may have additional days added to the confinement portion of their sentence.

Upon completion of the confinement portion of their sentence, an offender must serve a period of extended supervision in the community under the supervision of a Department of Corrections Community Corrections agent. At the time of sentencing, a judge determines the length of confinement and the length of extended supervision an offender must serve. By law, the length of extended supervision must be at least ¼ of the time of confinement.

What is the difference between Probation and Parole?

Probation is a decision handed down by the judge at trial. It may be in lieu of jail time or in combination with some jail time. It allows the convicted person to live in the community for a specified period of time under the supervision of a probation officer. Depending on the circumstances and the seriousness of the crime, the judge can specify restrictions on the offender’s activities during the probationary period. If an offender violates the conditions or rules of probation, he or she may be sentenced to imprisonment by the judge. This is known as revoking the probation or revocation.

Parole is the early release of an inmate who has served part of his or her sentence. The inmate is allowed to return to the community under the conditions of parole and the supervision of parole agent. Violation of these conditions can result in a revocation of the parole and re-imprisonment for the offender.

The decision to grant parole is the responsibility of the Parole Commission.