Archive for January 7, 2010

Juvenile Injustice

Editorial NYTimes – 1/6/10

Gladys Carrión, New York’s reform-minded commissioner of the Office of Children and Family Services, has been calling on the state to close many of its remote, prison-style juvenile facilities and shift resources and children to therapeutic programs located in their communities. Her efforts have met fierce and predictably self-interested resistance from the unions representing workers in juvenile prisons and their allies in Albany.

A recent series of damning reports have underscored the flaws in New York’s juvenile justice system and the urgent need to shut down these facilities. The governor and the State Legislature need to pay attention.

A report by a task force appointed by Gov. David Paterson describes a failing system that damages young people, fails to curb recidivism and eats up millions of tax dollars. Children should be confined only when they present a clear threat to public safety. But the most recent statistics show that 53 percent of the youths admitted to New York’s institutional facilities were placed there for minor nonviolent infractions.

The report also says that judges often send children to these facilities because local communities are unable to help them with mental problems or family issues. But once they are locked up, these young people rarely get the psychiatric care or special education they need because the institutions lack trained staff.

A report from the Justice Department, which has threatened to sue the state, documents the use of excessive and injury-causing force against children in juvenile facilities, often for minor offenses such as laughing too loudly or refusing to get dressed. And last week, the Legal Aid Society of New York City filed a class-action suit on behalf of youths in confinement, arguing that conditions in the system violate their constitutional rights.

Not surprisingly, these institutions do a terrible job of rehabilitation. According to a study of children released from custody between 1991 and 1995, 89 percent of the boys and 81 percent of the girls were eventually rearrested. New York’s facilities are so disastrous and inhumane that state officials recently asked the courts to refrain from sending children to them, except in cases in which they presented a clear danger to the public.

Mr. Paterson’s task force was rightly impressed with Missouri’s juvenile justice system. It has adopted smaller regional facilities that focus on rehabilitation and house troubled youths as close to home as possible in order to involve parents and community groups in the therapeutic process. Missouri also has cut recidivisim rates by smoothing re-entry and helping young people with drug treatment, education or job placement.

New York clearly needs to follow Ms. Carrión’s advice and adopt a Missouri-style system. That means the Legislature will finally have to put the needs of the state’s children ahead of the politically powerful unions and upstate lawmakers who want to preserve jobs — and the disastrous status quo — at all costs.

Copyright 2010 The New York Times Company

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Providing mental health care a challenge for prisons

Providing mental health care a challenge for prisons
Chittenden Regional Correctional Facility, Burlington. Photo by Anne GallowayChittenden Regional Correctional Facility, Burlington. Photo by Anne Galloway

Vermont does better than many states in providing mental health treatment for its prisoners, according to a consultant, Milliman, Inc., cited by the Joint Legislative Corrections Oversight Committee.

But the author of the report goes on to express concern that the efforts may be insufficient to ensure that prisoners succeed when they are released into the community.

“We learned from several sources, including the Department of Corrections itself, that treatment is designed to stabilize conditions so that each inmate can function in the prison setting,” the committee said. “The administration and the legislature have never given the Department of Corrections the funding needed to provide the kind of intensive treatment necessary to ensure success upon re-entry (into the community).”

Evaluating the effectiveness of mental health treatment given in Vermont’s prisons would require data that are not currently available. Because the Department of Corrections contracts with outside providers for mental health services, it is difficult to access information on the amount and type of treatment provided.

Weighing Corrections’ relative investment in services is also difficult. The Department of Corrections spent a total of $2,105,613 on mental health services for prisoners in fiscal year 2008, according to Corrections Financial Director Ira Sollace, but the average cost per prisoner with mental illness is not available.

Calculating the figure is complicated by the constant turnover of prisoners, changes in their mental health status and widely varying diagnoses, said Planning Director John Perry, who retired at the end of August.

In addition, “there is no ongoing ‘data system’ for collecting information about mental illness in corrections, any more than there is a system for collecting individual health information. These are systems that would be helpful but are not funded,” Perry said.

A rough figure can be arrived at by dividing the average number of prisoners receiving mental health services on the dates of two “snapshots” –  data collected “by hand” on one day in 2007 and another in 2008 – into the total spent on mental health services. That gives a per-person amount of a little more than $3,800.

The average blends the cost of short-term and intensive treatment. How many prisoners have serious functional impairments – and require intensive treatment – is a vexed question: Some mental health advocates claim the Department of Corrections significantly underreports the numbers. (See April 2009 memo from Robert Appel, executive director of the Vermont Human Rights Commission, following story.)

In fiscal year 2008, Corrections reported that a monthly average of 40 prisoners (from a low of 23 to a high of 60) had serious functional impairments, such as a serious mental illness, personality disorder, developmental disability or traumatic brain injury, among others.

Because of the limitations of the prison setting, the type of mental health treatment provided in prison differs from that given in the community, said Dr. Delores Burroughs-Biron, director of health services for the Department of Corrections.

One limiting feature is extreme overcrowding. On August 6, Vermont was housing 1,599 prisoners in-state. It has 1,600 prison beds. “We have periods when we’re over,” said Commissioner of Corrections Andrew Pallito. “We’re dealing with a lot of flow.”

Several years ago when the corrections population was smaller, the superintendent of one prison noted that she processed 1,900 prisoners into her facility and 1,700 out of it in the course of a year. “Do you think I know who they are, let alone tell you that I provide them corrections and rehabilitative services?” she asked. “I stash them until they are moved.”

Biron explained that “when you think as a psychologist or a psychiatrist of ‘treatment’ – intensive therapy or psychotherapy – it’s not going to be the same, because what you do in corrections, you do in the corrections milieu.”

Programs and services have to be planned for the average length of stay, which may be no more than 60 days. “When we recently ran some statistics on length of stay, the number of people who were there at the end of the year was small,” Biron said. “You don’t get into psychotherapy with 60 days.

The first step in treating people entering prison is assessing their immediate needs, Biron said: “We first want to make sure they are safe. When we get someone that is acutely mentally ill and destabilized, we want to stabilize them.”

The initial screening includes determining whether offenders are at risk of committing suicide – a risk that rises when people enter prison.

To clinical purists, the concept of treatment has “a different dimension than what most correctional facilities provide,” Biron said, but the care provided in prison does meet “some standards for treatment, because people see their mental health clinician on a weekly basis, or trice-weekly if needed, and they see a psychiatrist regularly and they take part in support groups.” (Advocates dispute the timely availability of care.)

Prisoners have a treatment plan that lists a diagnosis and spells out a plan of action, although the treatment plan is not going to be Freudian, Biron said: “It’s going to be really cognitively based and in a manner to support the individual within the correctional setting, as well as to help them become more reflective and knowledgeable about what their individual issues are.”

Recently, the corrections department turned to an expert clinician in the community for guidance in developing a treatment plan for a difficult case, Biron said. The approach is cost-effective for extremely ill prisoners, she observed, and the department plans to use it more often.

According to Biron, the chief obstacle to providing intensive treatment is finding staff. Noting the large number of job site postings for mental health clinicians, licensed addiction counselors and psychiatrists, she said, “We just don’t have the people in the state who are prepared to do the jobs that we need them to do. And we don’t have people knocking on our door to get jobs here.”

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Churches & Justice & Prisons

Vermont Conference United Church of Christ

PRISON JUSTICE GROUP
Within the Department of Mission


“When, Lord, did we ever see you sick or in prison, and visit you? Truly I tell you,
just as you did it to one of the least of these who are members of my family, you did it to me.”


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