On March 20, 2006, the Joint Committee on
Mental Health and Substance Abuse held a hearing on
Correctional Behavioral Health and Substance Abuse.
Below is the testimony of Leslie Walker, Executive
Director of Massachusetts Correctional Legal
Services. The views are the author's and present
facts that CJPC has not independently verified.
The Story of Nelson Rodriguez
Nelson Rodriguez killed himself on December 20,
2005. Nelson was a 26-year-old Springfield native,
who was serving a 4 to 7 year sentence for assault
and battery with a dangerous weapon. He was
mentally ill, and mentally retarded. On December
20, he was found hanging in his cell in the West
Wing Segregation Unit, also known as 10 Block, at
MCI-Cedar Junction in Walpole - one of the most
restrictive units in one of the most restrictive
prisons in the Commonwealth.
Nelson had been in 10 Block for about a week. He
was there awaiting disciplinary action. His
disciplinary infraction had occurred when Nelson was
being taken to the infirmary because he had "cut
up," i.e., he had purposely self-mutilated while in
his cell. Nelson stayed in the infirmary while his
cuts were treated and his mental status was
assessed. At some point he was sent to 10 Block.
In the week that Nelson was held in segregation, he
did not receive his personal property. This would
include books, letters, photographs, and possibly a
radio or television. Nelson liked to draw and had
some artistic ability, but he did not have pencil
and paper. He requested his property several times,
but never received it. Without his personal
belongings, Nelson was left alone with his thoughts,
for 23 hours a day or more, in his 10 Block cell.
The windowless cell is 6 feet wide by 9 feet long. A
tall man can easily touch both sides. There is
almost no room to pace.
On December 19, an attorney and a paralegal from
Massachusetts Correctional Legal Services (MCLS)
visited Nelson to talk to him about how he was doing
in segregation. Nelson appeared disoriented,
scattered, and incoherent. He could not follow many
of the questions that he was asked since he had
trouble staying focused. Nelson told the MCLS staff
members that he cuts his neck and arms when he gets
angry and frustrated. In fact, they observed cuts
all over his arms. He told them he keeps his hands
in his pockets: he knew he was impulsive and didn’t
trust himself. He also told them he wanted to die
because he was extremely depressed and “sick of
living like this.” Nelson reported that a mental
health worker had visited him only once in the
previous week, and that mental health workers were
not as available as needed.
The next morning, on December 20, Nelson asked to
see a mental health clinician. He was told that
mental health had previously made its rounds on his
tier and would not be returning. Nelson protested
that he needed to see mental health, to no avail.
He pushed his plastic lunch tray, which was passed
to him through a slot in the grill door, back out
through the slot onto the floor. Prison staff
responded by putting Nelson “behind the door.” That
means they slammed shut a second door to his cell, a
solid steel door.
The solid door has a tiny window, about the size of
a car’s rear view mirror. Otherwise, the door lets
in no light. The confined prisoner can control only
a dim light. The solid door does not allow air to
circulate in the cell. In the winter, hot air is
being pumped through a vent into the cell, and the
temperature rises quickly. The water to the cell is
typically shut off. To say that it is claustrophobic
is an understatement.
Nelson could not tolerate this extreme sensory
deprivation, on top of his days of isolation. He
continued to yell for mental health. He warned the
guards that he would kill himself if they kept him
behind the door. For hours he called for mental
health to see him. Other prisoners on that tier,
who knew that Nelson was mentally ill and
vulnerable, also shouted to staff to bring mental
health to see Nelson. No one came. A guard came by
at about 4:20 p.m., to find that Nelson had hanged
himself.
Prison Mental Health Issues
Nelson’s death, while tragic, was not an isolated
event. His was the fourth suicide of a prisoner in
Department of Correction custody in 2005. Along
with the testimony you will hear about Nelson later
today, you will hear from the family of Andrew
Armstrong, a 22-year-old man who hanged himself last
October - also after self-mutilating, also while in
a segregation unit, and also after warning staff
that he would kill himself. The year 2004 was no
exception. On Thanksgiving Day in 2004, Richard
Street killed himself by hanging in 10 Block, just
as Nelson did.
These suicides are only the most tragic examples of
a problem that plagues the correctional system.
They are only the tip of the iceberg. In
Massachusetts and nationwide, it is an accepted
truth that our prisons have been pressed into
service as de facto mental hospitals. An estimated
25% of all prisoners are mentally ill, with 12-15%
of prisoners suffering from a serious mental
illness, such as schizophrenia or psychosis.
The prison system was not designed with these people
in mind. Many mentally ill prisoners cannot conform
to prison rules. They get into trouble with staff
and are targeted by other prisoners. Altercations
and other rule violations lead to placement in
higher security prisons, and ultimately in the
segregation and isolation units of those prisons,
where conditions are at their most austere. In
these units, things really fall apart for these
prisoners. The mentally ill decompensate; as their
condition worsens, they violate more rules, thus
ensuring more time in solitary confinement. A few
succeed in killing themselves, while many more try
to do so, and others “cut up”, or otherwise mutilate
themselves. You will hear today from the family of
one such prisoner, a chronic self-mutilator.
Self-mutilation or an attempted suicide may result
in a trip to an outside hospital, or to Bridgewater
State Hospital. There, prisoners are patched up,
deemed fit to return, and are brought back to their
segregation cell, where this vicious cycle starts
again.
The tragedies you are hearing about today describe a
clearly malfunctioning system and raise two
fundamental questions: 1) why do we find ourselves
in this appalling and unacceptable situation, and 2)
what can we do about it? There are a multitude of
reasons why we are confronted with stories like
Nelson’s and others you’ll hear today that seem
lifted straight out of Dickens. But there are four
primary causes underlying the creation of the
various circles of hell that our mentally ill
prisoners find themselves in day after day after
day.
The Need for Residential Treatment Units
A primary cause of Massachusetts’ prison mental
health crisis is a lack of specialized housing units
for mentally ill and mentally compromised prisoners,
known as residential treatment units or RTUs. RTUs
are life-saving alternatives for this vulnerable
population that provide specialized programming and
care and which are needed at every security level.
Second is the almost complete lack of training of
correctional staff in dealing appropriately and
effectively with this population and the attendant
behavioral challenges. In addition, staff positions
that require sustained contact with mentally ill
prisoners are rarely filled with officers who
possess the appropriate skills, training, and
temperament. Third, the understaffing of mental
health workers at virtually every facility creates
unreasonably high caseloads that result in systemic
inefficiencies and inadequate treatment. Fourth is
the inefficient and ultimately unjust lack of
coordination between the treatment needs of this
population and the deemed security needs of
confining institutions. Nelson Rodriguez’s suicide
is illustrative of all four of these problems.
Currently, the Department of Correction (DOC) does
not have an RTU or other specialized housing unit
for prisoners like Nelson Rodriguez, Richard Street,
Andrew Armstrong and others in maximum-security
facilities whose photos you see here today, or from
whose families you will soon hear. Only one 56-bed
residential treatment unit is available for a male
prison population of almost 9,000. This facility is
available only to level 5 prisoners, who make up
about 7% of the population. There are no RTUs for
prisoners at level 4, where 60% of the population
reside, or at level 6, with 20% of the male prisoner
population and where a disproportionate 27% of
prisoners receive mental health services. And even
the DOC’s existing and highly successful RTU at Old
Colony is rarely filled, in large measure because
the exact criteria for admittance remain a mystery
to both correctional and mental health staff. When
the panel looking at the delivery of mental health
services by DOC visited the RTU last summer, only 41
of the 56 beds were filled. This is unconscionable
given the obvious need for such beds.
The behavior that results from untreated or
inadequately treated mental illness is almost
certainly keeping at least some prisoners at higher
security levels than necessary since the mentally
ill are disproportionately represented in maximum
security facilities. As I just mentioned, over 27
percent of Level 6 prisoners have open mental health
cases. In contrast, at Level 4 prisoners with open
mental health cases comprise approximately 17% of
the population, while at minimum security levels
they represent between 4 and 16 percent of the
population.
A critical first-step solution to the untenable and
often unbearable situation that mentally ill
prisoners currently face is the creation of at least
one RTU at the highest security level where
prisoners are clearly in the worst shape yet have
access to few programs and only limited treatment.
Although level 6 prisoners with mental illness may
be sent to Bridgewater when they are in crisis, they
are often returned to prison because evaluators
consider them to have personality disorders that do
not meet the statutory definition of “mental
illness.” Inadequately trained correctional staff
have difficulty managing these prisoners and as a
result the DOC spends a disproportionate share of
correctional resources managing the ensuing crises
rather than providing appropriate therapy and
treatment. The creation of an RTU at level six
would be a major step forward, using DOC funds more
effectively and more efficiently given the high
success rate of RTUs, including the unit at Old
Colony.
Unfortunately, however, one size does not fit all.
The Commonwealth will have to investigate and assess
the different needs of various mentally compromised
prisoner populations, including an ever-growing
number of aging prisoners with dementia, and create
appropriate treatment units. You will hear shortly
from Hal Smith, an expert on the treatment and needs
of prisoners with mental health problems, who will
talk about the different types of RTUs found in
prisons in New York State. New York’s RTUs are
designed to accommodate a variety of mentally ill
prisoners and their special needs, including those
diagnosed with personality and other Axis II
disorders who are rejected from commitment to
Bridgewater.
Correctional Staff Selection and Training
Proper training and selection of correctional staff
is the second critical mental health need the DOC
faces. Currently, correctional staff receive less
than two hours per year of training to deal with
mentally ill prisoners, and that is focused
exclusively on suicide prevention. That this is
unacceptable is apparent not only to mental health
professionals. Many of the correction officers I
interviewed as part of the mental health review
panel last year wanted in-depth training not just on
suicide prevention but on recognizing symptoms and
the behavioral effects of mental illness, how best
to address problems before they escalate to a point
where clinical or disciplinary intervention is
needed, and medications and their side effects.
More training for prison administrators is also
needed, to heighten their sensitivity to and
understanding of mental health issues that pertain
to administrative and disciplinary decisions. The
superintendent at Walpole told me that because an
extremely ill prisoner could sometimes be
cooperative, he “can do time well when he wants to.”
This widely shared but inaccurate, uneducated and
outdated viewpoint significantly exacerbates the
problem.
Certain staff positions require more intense and
regular interactions with prisoners with mental
illness. Officers assigned to segregation units,
for example, particularly those working at higher
security levels, must be carefully selected
precisely because of the disproportionate placement
of mentally ill prisoners in such units. Recent
reviews of these units reveal that approximately 50%
of the prisoners have open mental health cases. The
presence of seriously mentally ill prisoners in
segregation, a place these men and women clearly do
not belong, raises consistently challenging
management issues. Staff assigned to these areas
should not only have the requisite mental health
training but should also be evaluated and screened
up front so that only those officers with the
appropriate temperament for working with this
population are assigned to these more volatile
units.
New recruits cannot be assigned to work with the
Nelson Rodriguezes and Richard Streets of the
system. New officers are too often scared or
insecure in their new roles and often react in
punitive or mocking ways that only escalate
problems. For example, let’s say a frustrated,
mentally ill prisoner like Nelson acts up, and
throws his food tray on the floor. A well-trained,
carefully screened officer will understand that
punishment is often counterproductive with a
seriously mentally ill prisoner, and will know that
punishment can often initiate an ever-increasing
spiral of recalcitrant, defiant, even self-injurious
behavior. Such an officer will not shut off family
telephone calls and visits for six months since he
will recognize that these are critical lifelines for
the mentally ill. And he certainly will not lock a
mentally ill prisoner in a steel tomb in an attempt
to punish him or to show him who’s boss. He’ll get
the prisoner what he really needs: proper treatment.
Mental Health Staffing
This leads to the third critical lack that is
contributing to this unacceptable situation. Even
if a properly trained CO sought appropriate
treatment for a de-compensating prisoner with mental
illness, inadequate mental health staffing levels
mean that there is no guarantee a clinician will be
available when needed.
Significantly increased mental health staffing is
therefore an absolute necessity. Very high
caseloads for all mental health professionals, when
coupled with other systemic problems including lack
of support personnel and inadequate and
inappropriate working and treatment space, make the
delivery of high quality, efficient and cost
effective mental health services almost impossible.
Understaffing not only minimizes the time and
frequency that any given client can be seen, it also
impacts the variety of mental health treatment that
staff can offer. DOC does not offer group therapy,
day treatment, individual counseling,
neuro-psychiatric services, partial hospitalization,
or other treatment modalities commonly found on the
street.
Choices for treatment of mentally ill prisoners are
quite limited, with basically two options.
Seriously mentally ill prisoners can be committed to
Bridgewater State Hospital, though prisoners
diagnosed with Axis II disorders are rejected as
non-mentally ill. That means that this highly
volatile and vulnerable segment of the population is
simply recycled back to disciplinary segregation
where it ís only a matter of time before they act out
again due to the lack of appropriate treatment. The
other treatment option is 15 minutes of counseling
every two weeks, often at the cell door within
hearing of other prisoners on the block as well as
correctional officers. The mental health review
panel generally heard positive comments from inmates
about mental health staff, with the most pointed
complaints coming from mentally ill prisoners in
segregation and others at MCI-Cedar Junction. At
virtually all DOC facilities it was clear from
correctional and mental health staff as well as
prisoners that the mental health professionals must
carry enormous caseloads, forcing them to spread
themselves dangerously thin, greatly reducing their
effectiveness with patients. While we understand
the need for a comprehensive mental health staffing
review as recommended by the DOC mental health
review panel, we urge DOC and University of
Massachusetts Correctional Health to increase the
number of mental health clinicians at the most
vulnerable sites, including MCI-Cedar Junction.
Coordination Between Correctional and
Mental Health Staff
The final area calling out for urgent action
involves the coordination of efforts between mental
health and correctional staff. Too often, critical
custodial decisions concerning mentally ill
prisoners are made without the involvement of mental
health professionals. Decisions affecting the
classification, placement, and discipline of
mentally ill prisoners clearly play a significant
part in shaping a prisoner’s mental health. And
such decisions therefore must incorporate the
valuable input that only mental health clinicians
can offer. Current policies governing the
relationship of mental health and correctional staff
and the input of mental health staff into custodial
decisions must be strengthened and given teeth. At
present these policies, found at 103 DOC 650 and
commonly called “the 650s,” only require that
mental health and correctional staff communicate.
Mental health professionals are given no authority
to make or affect critical decisions that directly
affect their patients and impact their care and
treatment. As a result, certain institutions have
made some progress in this area, with mental health
professionals reporting that their opinions are
respected and actively considered in the
decision-making process. At others, these
professionals note that they are merely guests at
the decision-making table. Mental health staff must
be given a decisive voice in the care and custody of
patients under their care, particularly in decisions
affecting classification, discipline, housing
placements, and roommate assignment. Each of these
decisions shapes how mentally ill prisoners will
interact with the prison system and has a direct
impact on their ability to function within the
system.
Steps Forward
MCLS recommends the introduction of legislation that
would ban the use of segregation for prisoners
diagnosed with mental illness, mental retardation,
and other mental disfunctions, and increase the
number of RTUs that are available to properly treat
these prisoners. We urge the DOC to proceed with a
study to examine and make recommendations concerning
the mental health staffing at all its institutions,
as recommended by the DOC mental health review
panel. The DOC must improve the training of
correctional staff with respect to interacting with
and managing mentally ill prisoners. DOC must also
initiate a screening process to ensure that only
properly trained and temperamentally appropriate
correction officers are selected for posts that
require sustained interaction with the mentally ill.
Finally, we request that the DOC come up with
improved regulations that mandate the participation
of mental health professionals in decision making
processes that directly affect their clients.
On behalf of all mentally ill prisoners in the
system and my staff, I thank you for your time and
consideration.