Oregon's Corrections Department will ask lawmakers for $8.2 million this year to improve conditions in its Behavioral Health Unit for inmates with the most severe mental illnesses.
The state says it's committed to making sure inmates spend more time out of their cells, that qualified mental health professionals are on site daily and that use of force by officers and disciplinary actions against inmates are better tracked.
The commitment is reflected in a four-page memorandum of understanding signed this month by the corrections director and the head of the federally funded advocacy group Disability Rights Oregon.
It represents an effort by the state to avoid litigation and respond to the advocacy group's concerns, which were brought to the attention of state legislators last year.
The agreement follows a stinging report that Disability Rights Oregon released in May. It found adults with the most severe mental illnesses routinely were isolated in cells for 23 hours a day without access to mental health care.
The report showed that few of the inmates regularly showered or had a chance for recreation, even though both were required under state policies. Some were routinely punished for harming themselves and subjected to the use of restraints or stun guns.
"I think we've had good faith negotiations all along. They've already made some steps in the right direction, so we want to be able to support that,'' said Bob Joondeph, executive director of Disability Rights Oregon. "We also understand that this is going to take some time to do.''
Corrections Director Collete S. Peters said her department consulted an outside expert after receiving Disability Rights Oregon's report last spring and did its own review of the unit.
"This is an important step in improving treatment options for those in DOC custody with serious mental illness and improving their chances for success upon their release,'' Peters said in a prepared statement.
The agreement is clear that it's not to be enforced in court, isn't a contract or "other enforceable promise.''
Under the agreement, the state will work to ensure:
-- Adults in the Behavioral Health Unit are taken out of their cells for 20 hours a week, with 10 hours of structured time that may include classes and treatment programs and another 10 hours of unstructured time including exercise, meals, phone calls, games or other recreational activities.
-- Additional staff is added so qualified mental health professionals are present 13.5 hours each day, from 6:30 am. to 8 p.m., excluding holidays, and inmates have "reasonable access'' to a psychiatric provider.
The advocacy's report found that inmates' lack of access to timely mental health services resulted in many spiraling out of control. A culture developed around ignoring advice of mental health professionals and dealing with crises by using stun guns, pepper spray, riot gear and restraint chairs.
-- The department devises individual treatment plans for each adult inmate in the unit. These would include crisis prevention information to be shared with corrections officers so they are aware of any "triggers'' that might particularly disturb an inmate.
-- Renovations are done to Oregon State Penitentiary's Behavioral Health Unit to create more space for programming and visits. The unit should provide more "exposure to natural light'' and a view of the outdoors.
-- Training is provided to security and clinical staff on how to deal with adults in custody with mental illness. It would focus on interviewing techniques, medication side effects and crisis intervention.
-- Better tracking of officers' use of force in the unit and disciplinary reports against adults in custody. The department should provide these periodic reports to Disability Rights Oregon.
If Disability Rights Oregon feels that the state's plan isn't progressing at a reasonable pace, the advocacy group can contact the Oregon Department of Justice to help find ways to address its concerns. The agreement doesn't prevent any adult in custody or anyone else from taking legal action to address any alleged violations of law within the unit.
There are 14,500 inmates in Oregon. About 1,100 are classified as having severe mental illness. About 88 percent of the 1,100 live in the prison general population, while the remaining 12 percent, or 125, are in restricted housing in the Behavioral Health Unit because of a history of harming themselves or others.
"People end up in this unit because of mental health-associated behaviors,'' Joondeph said. "So it's important that those people receive the treatment that they need so that they have the opportunity to get better and improve their health and not be isolated and be in situations where their health may deteriorate.''
-- Maxine Bernstein
mbernstein@oregonian.com
503-221-8212
@maxoregonian