Settlement in Prisoner’s DOC Lawsuit Changes Mental Health Treatment Plans

A settlement in a discrimination lawsuit against the Department of Corrections will increase the level of mental health treatment available to some prisoners.

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Settlement in Prisoner’s DOC Lawsuit Changes Mental Health Treatment Plans By Elizabeth Hewitt VtDigger Thursday, September 01, 2016 Print Springfield, Vt. — A settlement in a discrimination lawsuit against the Department of Corrections will increase the level of mental health treatment available to some prisoners. The case, filed on behalf of someone referred to only as “Patient A” in 2014, was resolved this week. Under the agreement with the DOC, prisoners who are deemed to need a hospital level of psychiatric treatment for mental illness will get more time with clinicians and psychiatrists. “I think the changes represent a pretty large step forward for the Department of Corrections,” AJ Ruben, a Disability Rights Vermont attorney who represented Patient A, said on Tuesday. Patient A was first incarcerated at a prison in St. Johnsbury, Vt., in August 2013 on parole violations; later that month, he was transferred to Southern State Correctional Facility in Springfield, according to the complaint. He was designated “seriously functionally impaired,” a correctional facilities categorization that covers a variety of conditions, including serious mental illness. According to the court papers, Patient A had several diagnoses, including autism spectrum disorder, attention deficit hyperactivity disorder, and others. The complaint alleged that Patient A was held in segregation for seven months, where he spent about 22 hours a day in his cell, largely without contact with others. Though prison staff identified him as needing inpatient level of care in February 2014, he was held in the prison until April when he was transferred to the Vermont Psychiatric Care Hospital in Berlin, Vt., according to court papers. Disability Rights Vermont says that over a period of two months, Patient A did not receive adequate medical care and was held in segregation despite being identified as needing hospitalization for treatment. The settlement agreement includes several DOC policy reforms: If a prisoner is determined to be in need of hospital-level psychiatric care, the DOC will reach out to the Department of Mental Health and will try to find a hospital bed for the inmate as soon as possible. Until the prisoner is transferred to a hospital, mental health clinicians in the prison will see that person twice a day to monitor their mental health. Disability Rights Vermont said Patient A was seen just three times a week by clinicians. Prisoners will also have at least one visit and evaluation per week with a psychiatrist or advanced nurse practitioner under the agreement. Patient A sometimes went weeks or months without such a visit, according to Disability Rights Vermont. Patient A also received “substantial” financial compensation, according to the organization, but Ruben said the plaintiff was adamant that any settlement must include changes to the system. Ruben said he expects the settlement could have an impact on many of the prisoners held in Southern State’s mental health stabilization unit, called the “alpha unit,” which some advocates criticize. The agreement sets out changes so people who have a need for inpatient level of treatment will be better identified and more quickly addressed by the system.