Nature of Claims: This action, filed in 2002, challenges the inadequate mental health services for state prisoners. Prisoners with mental illness in the state system lack appropriate treatment and housing options and as a result are frequently confined in isolated confinement housing areas due to symptomatic behavior caused by their illnesses. Isolation and poor mental health treatment often results in worsening of their psychiatric condition and in some cases self-mutilation or suicide, in violation of the Eighth Amendment and federal disability statutes. This state-wide case was filed after PRP concluded from its experience in two facility-based challenges to mental health services in isolated confinement housing areas that the problem could only be solved by systemic litigation. It seeks an injunction requiring increased residential mental health beds in prison, inpatient hospital beds, increased availability of intermediate care programs, increased staffing and better training of staff throughout the state system.
The plaintiff, Disability Advocates, Inc., has statutory standing under the federal “protection and advocacy” laws to seek judicial relief on behalf of “representative constituents” who have mental illness. Thus the case is the practical equivalent of a class action on behalf of all prisoners with mental illness in the state prison system.
Current Status: Trial began in April 2006, but has been suspended during settlement negotiations. During the pendency of the case, and prompted by it in large part, the defendants have implemented numerous mental health service enhancements in response to our litigation efforts. A Special Housing Unit (SHU) Plan of Improvement was introduced which provided two confidential sessions per month for prisoners with serious mental illness housed in these disciplinary isolated confinement housing areas. The Special Treatment Program (STP) is currently having 90 beds added to provide an enhanced treatment program to prisoners with serious mental illness who are housed in SHU. A Behavioral Health Unit (BHU) that has 38 beds in Phase I and 64 beds in Phases II and III, was created for prisoners with mental illness who have behavioral dysfunctions associated with their illnesses. The Intermediate Care Program (ICP) is currently having 118 beds added for prisoners with serious mental illness who need a separate housing area and specialized treatment. An intensive ICP has been opened for ICP level prisoners who require additional interventions to tolerate prison life. Satellite Mental Health Units with full time psychiatric staff, formerly found at maximum security prisons only, are now located at three medium security prisons.
Persons Affected: All prisoners with mental illness in the custody of the state Department of Correctional Services, estimated near 10,000.
Reported decisions: None.