February 16, 2007
SAVE
THE DATE - MARCH 14, 2007
MHANYS
LEGISLATIVE CONFERENCE
Participants
will get to meet new OMH Commissioner Michael Hogan
MHANYS
SEEKS APPLICANTS FOR PUBLIC POLICY DIRECTOR: The Mental
Health Association in New York State (MHANYS) is seeking applicants
for the position of Public Policy Director. MHANYS is a 501(C)
(3) with 31 affiliates across New York. MHANYS and its affiliates
work to promote mental health and recovery of individuals with
psychiatric disabilities. Responsibilities of Director would include
analyzing budget and pertinent legislation, coordinate legislative
conferences and press conferences, provide legislative updates
to the affiliate network, and work directly with CEO and Chair
of Government Affairs to fulfill objectives of the position. This
individual should also possess strong media relations skills.
Minimum
education: Bachelors Degree in Political Science, Public
Administration or related field, Graduate degree or JD preferred.
Knowledge and experience (2—3 years) of legislative process.
Preferred knowledge of NYS mental health system.
To
Apply: Submit cover letter and resume to Glenn Liebman, CEO,
MHANYS, 194 Washington Avenue, Suite 415, Albany, New York 12210
or gliebman@mhanys.org. No phone calls or walk-ins accepted. MHANYS
is an equal opportunity employer.
WEBCASTS:
Suicide
Prevention and Risk Reduction: What Mental Health Practitioners
Need to Know. Thursday, February 22, 2007, 2:00-4:00
p.m.
Perspectives
on Suicide Prevention: What School Counselors Need to Know.
2:00-4:00 p.m.
For
registration and more information, please visit: http://www.adph.org/alphtn/vcomm.asp?action=conflistone&templatenbr=3&deptid=143&templateid=1252
SAMARITANS
SUICIDE PREVENTION CENTER SEEKS VOLUNTEERS FOR CAPITAL REGION CRISIS
HOTLINE: Volunteer
training class is now forming. Email sams@fcscapitalregion.org
or call 518-689-0080 ext.125. Deadline for Registration: February
20, 2007.
AFSP
REACHES AGREEMENT WITH GENERAL MOTORS REGARDING SUPER BOWL AD:
Following the Super Bowl, the American Foundation for Suicide Prevention
(AFSP) asked General Motors to pull an advertisement and cease any
further promotion and marketing of an ad, which featured a GM factory
robot who gets laid off, becomes depressed and then makes a suicide
attempt.
On
Friday, February 9th, AFSP had several constructive conversations
with GM Executives, and I am pleased to announce that GM has decided
to pull the ad, including plans to air it on upcoming television
programs and on the company's website.
GM
has indicated that they will be revising the ad, removing the scene
with the suicide attempt and any implication of suicide before re-releasing
the ad in the future.
AFSP
and GM have issued a joint statement about the company's decision
and our support of it.
AFSP
applauds General Motors for taking these actions. It is difficult
to find organizations that listen. GM did by responding to the concerns
of those touched by mental illness and suicide.
Thank
you to everyone who joined with us in expressing concerns about
the ad.
Our
collective actions have raised awareness, and will help make our
country more sensitive to the issues of mental illness and suicide.
Bob
Gebbia
Executive Director
American Foundation for Suicide Prevention
IN
THE NEWS:
N.Y.
Advocates Pleased with Governor’s Support of MH Programs
Mental
Health Weekly,
February 12, 2007
New
York state mental health advocates say they are pleased with Gov.
Eliot Spitzer’s first budget plan since his election as governor,
which emphasizes such long time priorities in the advocacy community
as new housing beds; an expansion of prison-based mental health
services; and a commitment to ‘rightsize’ the state
psychiatric hospital system to improve services and reinvest resources
into the community.
Advocates
have also rallied around the recent nomination of Michael F. Hogan
as new commissioner of the state Office of Mental Health (OMH).
He previously served as director of the Ohio Department of Mental
Health. Hogan also chaired the President’s New Freedom Commission
on Mental Health. His confirmation is expected in a few weeks.
The
governor’s 2007-2008 budget recommendations includes new funding
to expand supported housing and single-room occupancy (SRO) efficiency
apartments statewide by 2,000 beds. About $12.9 million will also
be provided to expand the state’s supported housing initiative,
New York/New York IIII, by 625 supported housing and SRO efficiency
apartment beds.
Spitzer
also proposes to improve the capacity of the OMH research institutes
to enhance children’s mental health treatment and supportive
services. He also plans to add supported employment slots for persons
with mental illness. The budget proposes to expand home and community-based
waiver slots.
The
governor’s proposed budget also boosts funding for community
mental health services by 2.5 percent in keeping with the three-year
cost-of-living adjustment (COLA) approved last year.
“The
proposed budget is a love fest between advocates and the new administration,”
J. David Seay, executive director of the National Alliance on Mental
Illness (NAMINYS), told MHW. The governor put forward a strong mental
health budget, he said. “There is nothing contentious in it.”
“The
three topics of the day are housing, housing and housing,”
said Seay who indicated that advocates are pleased with a strong
budget that emphasizes supported housing for individuals with psychiatric
disabilities.
Seay
added, “We have an administration that really wants to do
the right thing. It’s the dawning of a new era. There’s
lots of hope.”
“We’re
very enthusiastic,” Glenn Liebman, chief executive of the
Mental Health Association in New York State, Inc., told MHW. “Some
areas [of the budget] are very positive for people with psychiatric
disabilities, especially around housing.”
Transitoning
Youth
Advocates
feel strongly about a transition plan at the state level for youth,
he said. “There has to be funding in the budget for adolescents
transitioning out of the mental health system to the adult system
of care,”
he said. Many kids 16, 17, and18 fall through the cracks when there
is no transition planning, he noted.
“Many
kids become forgotten youth; they end up incarcerated, homeless,
and in emergency rooms.”
An
area of contention in the proposal, however, includes funding recommendation
to continue the efforts begun under former Gov. George Pataki’s
administration to house sexual offenders in the state’s inpatient
mental health system, noted Liebman. The budget proposes about $47
million to house sex offenders in state psychiatric facilities,
he added.
“We
think there are better ways to spend that money around sexual offenders
than housing them in psychiatric facilities,” Liebman said.
“Housing
sex offenders in existing psychiatric facilities is a position we’ve
opposed for many years. We’re concerned about their safety.”
There
is also the perception of mental illness being equated with a sexual
offender, he added.
Liebman
said advocates are also pleased that the proposal will provide funding
for a children and families initiative to provide screening and
early detection of mental health needs in children.
We’re
off to a good start,” said Harvey Rosenthal, executive director
of the New York Association of Psychiatric Rehabilitation Services
(NYAPRS), told MHW. “It’s a budget that balances great
promise with some notable perils as well.”
Rosenthal
said he is pleased the new budget includes a recommendation for
a $2 million increase to phase in enhanced services for state prison
inmates with mental illness.
“That’s
another budget area that is very promising,” he said, especially
for advocates who have worked for years to stop inhumane practice
state prisoners with severe psychiatric disabilities into solitary
confinement, he said.
The
state OMH and the Department of Corrections will collaborate on
the expansion of appropriate alternative programs designed to transition
inmates with mental illness from SHUs (Special Housing Units). Over
the next three years $50 million will be provided to reconfigure
the Department of Corrections to provide more appropriate prison
settings and provide treatment for distressed prisoners, said Rosenthal.
The
governor intends to enlist the help of various stakeholders to join
him in crafting a ‘right-sizing’ plan for the state
hospitals, said Rosenthal. “We greet that with great hope,”
he said. “Together we can re-configure the state hospital
system in a way that redirects millions of dollars in unneeded institution
money into the community and at the same time preserving essential,
inpatient capacity at fewer, regionalized centers.”
Rosenthal
added, “Right-sizing means reinvestment and reinvestment means
recovery.”
Spitzer
Plan Aids Mentally Ill Inmates - Governor proposes adding $60 million
for improved, more humane services
Albany
Times Union, February 10, 2007
By
Paul Grondahl
ALBANY
-- In response to long-standing calls for better treatment for the
most vulnerable segment of the prison population, Gov. Eliot Spitzer
proposes to increase state spending by $60 million over three years
on services for mentally ill inmates.
The
proposal was praised by advocacy groups that say it signals a heightened
commitment toward humane care of prisoners with severe psychiatric
needs.
"This
is a long-awaited, very encouraging initiative," said Harvey
Rosenthal, who heads the New York Association for Psychiatric Rehabilitation
Services.
"It's
very refreshing for the governor to take such a clear position on
behalf of inmates with serious mental illness," said Bob Corliss,
associate director of NAMI-New York, the National Alliance on Mental
Illness.
Spitzer's
budget includes $2.3 million this year in Office of Mental Health
funding to screen all prisoners for mental illness and enhance treatment.
He proposed increasing that allocation to $6 million next year and
$9 million in 2009.
In
addition, Spitzer is seeking $50 million in capital funds in the
Department of Correctional Services budget to overhaul prison design
to create more therapeutic spaces to house mentally ill inmates.
It would also improve training for correction officers and pay for
additional services, such as help in preparing mentally ill inmates
for the transition to life after incarceration.
Linda
Foglia, a DOCS spokeswoman, declined to comment on Spitzer's budget
proposal.
About
8,000 of the state's 63,000 inmates have been diagnosed with serious
mental illness, according to studies by the Correctional Association
of New York, a watchdog group.
Such
inmates are often confined for acting out to special housing units,
known as "The Box," sometimes for months or years. Once
in The Box, they purposely injure themselves and commit suicide
at a rate three times higher than other prisoners in solitary, data
has shown.
Mentally
ill inmates also face exceptionally high rates of recidivism because
they commonly are released straight from the solitary confinement
of The Box into the community with little preparation.
"The
additional funding the governor proposed is certainly a very welcome
first step," said Bob Gangi, executive director of the Correctional
Association of New York.
Gangi
and other advocates called on Spitzer to support a bill that passed
both houses of the state Legislature but was vetoed by Gov. George
Pataki. That landmark legislation would prohibit placing mentally
ill inmates in solitary confinement for any reason.
The
advocacy groups have joined an ongoing lawsuit in federal court
to ban the practice in New York.
"We
are still pushing for that bill to pass both houses again and to
be signed this time by the governor in order to provide the proper
structure to carry out needed reforms," Corliss said.
Concerns
Raised About Treatment Of Mentally Ill Inmates, Civil Confinement
Legislative Gazette, February 12, 2007
By
Sari Zeidler
Though
mental health advocates expressed support for Gov. Eliot Spitzer’s
budget proposal, events in Albany last week made it clear that many
appeals for reform have yet to be addressed.
A
joint budget hearing on proposed 2007-2008 mental hygiene spending
held last Wednesday and the New York Association of Psychiatric
Rehabilitation Services’ annual legislative day last Tuesday
illustrated a mix of optimism and distress about the mental health
system in New York State.
One
of the issues of greatest concern voiced at both the legislative
day and the budget hearing was the practice of placing prison inmates
suffering from mental illness in special housing units. Advocates
said the suicide rate in these units is 10 times greater than in
the general prison population.
Inmates
placed in special housing units are subject to 23 hours of solitary
confinement a day, a practice called “inhumane” and
“unsafe” by the mental health community.
Spitzer
proposed $2 million be earmarked in the 2007-2008 budget for increased
mental health services in prisons. Though advocates voiced pleasure
with this proposal, they called on senators and Assembly members
at the budget hearing not to view the money as a substitute for
passing regulatory legislation.
Mental
Health Alternatives to Solitary Confinement, a coalition of advocates
and mental health professionals, announced the commencement of a
“Boot the SHU 100 Hour Campaign” aimed at promoting
the passage of legislation that would ban solitary confinement for
people with psychiatric disabilities by March 13.
Sen.
Michael F. Nozzolio R,C–Seneca Falls, introduced a bill in
the Senate on Jan. 3 that would prohibit mentally ill inmates from
being placed in special housing units and was cited by the New York
Association of Psychiatric Rehabilitation Services for his support
on the issue.
Nozzolio
said New York State must “stop any practice in our prisons
that do not meet the standards of humanity.”
He
submitted a similar bill last year that passed in the Senate and
Assembly but was subsequently vetoed by former Gov. George E. Pataki.
Concerns
over mentally ill individuals being placed in special housing units
prompted several individuals at the budget hearing to suggest a
collaborative effort be made by the New York State Office of Mental
Health, Office of Alcohol and Substance Abuse Services and the Department
of Correctional Services, to help develop better strategies for
dealing with inmates.
A
proposed $46 million to civilly confine sex offenders in psychiatric
facilities also had advocates asking the Department of Correctional
Services to rethink strategies.
According
to Peter M. Rivera, D-Bronx, chairman of the Assembly committee
on mental health, approximately 700 inmates are expected to be civilly
confined within the next several years. He said a number of beds
in Rochester that were supposed to be used for civilly confined
individuals were pulled from a facility, and he has been unable
to determine the cause.
At
the budget hearing, acting Mental Health Commissioner Michael Hogan
asked why sexual offenders who are listed among those to be civilly
confined are being released from prison now. “Was the sentencing
long enough to begin with?”
Glenn
Liebman, CEO of the Mental Health Association in New York State,
expressed concern for the safety of patients in psychiatric facilities,
and Harvey Rosenthal, executive director of the New York Association
of Psychiatric Rehabilitation Services, suggested using some of
the $46 million to create a state office of sex offender management
so that behavior could be studied.
Both
ideas were echoed by other speakers at the budget hearing, though
Sen. Dale M. Volker R,C-Depew, said “mental health advocates
want to brush this thing under the table.”
Advocates
are optimistic about the proposed “rightsizing” of the
16 state adult psychiatric facilities and six children’s facilities.
“Rightsizing
means reinvestment, reinvestment means recovery,” said Rosenthal
at press conference last Tuesday.
Advocates
at the press conference said that money spent on maintenance of
psychiatric centers that have many empty beds could be better spent
on other programs.
Josh
Koerner, co-president of the New York Association of Psychiatric
Rehabilitation Services board of directors, suggested reinvesting
money into community out-patient facilities, and Antonia Lasicki,
executive director of Community Access, said “buildings can
be used for a whole variety of new programs,” citing geriatric
care facilities as an example.
Also,
mental health advocates raised concerns over the proposed removal
of anti-depressants from the Medicaid preferred drug list.
This
removal would make it more difficult for individuals with Medicaid
and Medicare Part D coverage to obtain anti-depressants. Most patients
would need to obtain a physician override to afford the anti-depressant
drugs, advocates said.
A
physician override requires a doctor to make a specific request
on behalf of patients stating they need a particular type and brand
of drug. If granted, the cost of the medicine is covered by the
patient’s Medicaid or Medicare Part D.
Advocates
also said they would like to see a cap on Medicare drug co-pays.
Adult
Home Residents Want Better Care
Legislative
Gazette, February
12, 2007
by
John Grybos
Adult
home residents are tired of bland, repetitive, tiny meals. They’re
tired of sweating through the summer months with no air conditioning,
even when the heat becomes life threatening for the elderly. So
last Wednesday, a crowd of adult home residents traveled to the
capital to speak out about their sub-par living conditions.
“You
can’t house a German Shepherd for $35 a day,” said Senator
Martin Golden, R,C-Brooklyn, though many homes spend that little
on their residents. “We need to do better for you.”
The
event was coordinated by the Coalition of Institutionalized Aged
& Disabled, a non-profit advocacy group for adult home residents.
Though
the group came to Albany with a cohesive and lengthy agenda, the
three biggest issues are very basic concerns—food, drugs,
and air conditioning.
Adult
homes provide housekeeping, meals and personal care to their residents.
The Department of Health licenses and regulates the homes. Unlike
nursing homes, they are disallowed from providing medical services
or hiring anybody to provide medical services.
Highly
processed meats make up the bulk of resident’s protein consumption,
said Bob Burbank, a long-term-care ombudsman. Hot dogs, Salisbury
steaks, fish-sticks and “turkey pressed into a gel”
constitute most of their entrees.
If
the residents are fed up with or simply don’t want those menu
items, the alternative, “regardless of what the menu shows,”
is almost always a cheese sandwich made with two slices of bread
and a slice of cheese, said Burbank.
And
if the resident opts for the skimpy alternative, then their meal
is pared down even more, because the vegetable and potato that come
with the main meal don’t come with the alternate.
Special
diets for diabetics and residents with heart conditions are poorly
planned, said Kathleen Newman, a diabetic adult home resident in
Woodhaven on Long Island. “Most of the time, the meals are
so unappetizing that people feel like they’re being penalized
for having a disease.”
Newman
has been an adult-home resident for five years, and in all that
time has not seen any changes in meals for people who need special
diets.
She
also complained that the meals are too small, and are served on
small plates so that they’ll appear larger.
Residents
at the home where Burbank serves as an ombudsman had their eight-ounce
glasses of milk taken away and replaced with glasses that are half
the size.
Air
conditioning is “not a luxury, it’s a medical necessity,”
said Norman Bloomfield, an adult-home resident. “Air conditioning
can literally save people’s lives.”
Some
medications can make it worse for heat-stricken residents, said
Bloomfield, psychotropic medications especially will increase the
body’s susceptibility to heat.
Adult
homes don’t provide easy solutions. Bloomfield’s home
charges $55 per person per room every month for the use of air conditioning.
With two people to a room, that’s $110 a month, nearly enough
money to purchase an air conditioner.
“Every
resident should have a right to get an air-conditioned building
to live in,” said Sen. James Brennan, D-Brooklyn. A solution
should be found “so this suffering can be eliminated completely.”
Paying
for medications under Medicare Part D can be burdensome for people
whose income is about $164 a month.
Phillip
Shapiro, an adult-home resident and peer adviser, gets complaints
from fellow residents of medicine co-pays being $60, $70 or even
$80 per month. This can be a serious hit to their living allowance
of about $164 a month.
“We
have to persuade many people ‘do without this, do without
that, but don’t do without your medication’,”
Shapiro said.
Part
of the problem is that adult homes are privately owned and try to
maximize profits while providing minimal services, said Ryan Napoli,
a lawyer with MFY legal services, an organization that provides
free civil legal service to those in need.
Napoli
said the most common cases he deals with are “lock-out”
cases, where residents who are considered troublesome are sent to
a hospital so the adult home staff won’t have to deal with
them anymore. Most of these cases arise because residents stand
up for their rights too much, and the adult home decides they are
too high-maintenance and look for a way to get rid of them.
Adult
homes “over-medicate” and “zombify” their
residents, said Napoli. “They infantalize them, they encourage
them to kind of be controlled.”
The
Death Of Timothy Souders
60
Minutes,
February 11, 2007
By
Scott Pelley
http://www.cbsnews.com/stories/2007/02/08/60minutes/printable2448074.shtml
(CBS)
You wouldn't imagine these days that a mental patient could be chained
to a concrete slab by prison guards until he died of thirst, but
that’s how Timothy Souders died and he is not the only one.
Souders
suffered from manic depression. And like a lot of mental patients
in this country, he got into trouble and ended up not in a hospital,
but in jail. It was a shoplifting case and he paid with his life.
As
correspondent Scott Pelley reports, no one would have been the wiser,
but a medical investigator working for a federal judge caught wind
of Souders' death and discovered his torturous end was recorded
on videotape. The tapes, which are hard to watch, open a horrifying
window on mental illness behind bars.
Six
months ago, Tim Souders was in solitary at the Southern Michigan
Correctional Center. He was 21, serving three to five years. Though
an investigation would show he needed urgent psychiatric care, Souders
was chained down, hands, feet and waist, up to 17 hours at a time.
By prison rules, all of it was recorded on a 24-hour surveillance
camera and by the guards themselves.
The
tape records a rapid descent: he started apparently healthy, but
in four days Souders could barely walk. In the shower, he fell over.
The guards brought him back in a wheelchair, but then chained him
down again. On Aug. 6th, he was released from restraints and fell
for the last time. Souders had died of dehydration and only the
surveillance camera took notice.
His
short life began in Adrian, Mich. Souders was a kid whose troubles
didn’t start until late in his teenage years. It was then,
his mother, Theresa Vaughn, told 60 Minutes that he began acting
strangely.
"It
was January in the wintertime. And you know, he was running around
outside with his clothes off, thinking he was a knight, fighting
dragons. You know, it's…you lose touch with reality,"
Vaughn remembers.
"So,
he went to the hospital and what did the doctors tell you?"
Pelley asks.
"They
then diagnosed him with bipolar, and put him on several different
medications," Vaughn says.
Still,
he was troubled by anxiety and depression, often in and out of the
hospital. After one hospital stay, he was caught shoplifting two
paintball guns. He grabbed a pocket knife, threatened employees,
and then begged a cop to shoot him. Instead, he was stunned with
a Taser.
No
one was hurt.
"He
was trying to get money to pay his rent, so that he would not be
evicted from his apartment," says Vaughn. "He had gotten
to the point where his thinking wasn't straight, and he was suicidal.
And he should've never went to jail."
In
jail, Souders tried to kill himself three times. He pled to resisting
arrest and assault, for waving the pocketknife, and ended up in
a Jackson County prison complex, with 5,000 inmates. It’s
a troubled place—prisoners filed suit there in the 1980's
and since then, their welfare has been monitored by a federal judge.
When
Souders arrived he was part of a national trend: there are 300,000
mental patients behind bars nationwide. That’s because starting
in the 1960’s many mental hospitals have been closing. And
as patients ended up in jail, prisons became the new asylums.
"They
became de facto mental hospitals and the prisons are ill equipped
to handle it," says Robert Walsh, a clinical psychologist working
inside Michigan prisons for the past 25 years.
Walsh
is an insider. He was a deputy warden and director of psychological
services at the prison where Souders died. He retired six years
before Souders arrived.
"Given
what you see in the Souders videotape, what should have been happening?"
Pelley asks.
"What
should have been happening was right away, mental health staff should
have been consulted and reported to the scene, and they should have
intervened. Given that he wasn't assaultive against anybody,"
says Walsh.
But
there was no mental health staff to consult—the psychiatrist
was on a seven-week leave.
"Then
he should have been replaced. It's too critical a situation,"
Walsh remarks.
This
situation started when Souders took a shower without permission.
That landed him in solitary. When he broke a stool and used his
sink to flood his cell, the chains came out—what the prison
calls "top of bed" restraints.
"Approximately
15 minutes ago, the prisoner began flooding his cell. His water
is being shut off even as we speak. And we’re going to place
the prisoner in top-of-bed restraints," an officer could be
heard on the videotape.
Walsh
did an extensive study of Michigan prisons and found that the staff
often tries to punish psychotic inmates into better behavior.
Incredibly,
he found in a number of cases, the staff insists inmates are not
mentally ill, despite profound insanity.
"One
man, he enucleated his eyes, cut 'em out, because he felt they were
offending God. These were men that were, claimed to be manipulative,
malingerers and non-mentally ill," says Walsh.
"Wait
a minute. Did I just understand you to say that the department of
corrections declared those men not mentally ill?" Pelley asks.
"The
staff did. That's correct. The psychiatric and psychological staff
considered, considered them to be malingerers and manipulators that
went to extremes," Walsh says.
"Now
can that be? You have a man who gouges his eyes out?" Pelley
asks.
"Exactly,"
Walsh says.
"And
he's not mentally ill?" Pelley asks.
"Or
a man that disembowels himself," says Walsh. "Yes. Yeah.
He's manipulating."
After
his arrest, a state psychologist said Souders was trying to manipulate
the staff when he stabbed himself seven times in the stomach in
a suicide attempt. Months later, in solitary, there was no psychiatric
intervention, even when Souders was raving.
A
social worker wanted him transferred to a hospital, but the paperwork
never got done. The guards resorted again to chains, which the federal
judge overseeing the prison criticized as “punitive restraints.”
"We
do not actually use punitive restraints. We use restraints,"
says Patricia Caruso, the director of Michigan's prison system.
"Punitive implies restraints for punishment. Restraints are
never used for punishment. Restraints are used for protection. They
are used for the protection of the prisoner of harming himself,
or for the protection of others who are being harmed by the prisoner."
But
Tim Souders wasn’t harming anyone and a prison report shows
it was his attempt to break the stool and flood his cell that led
to the authorization to put him in top-of-bed restraints.
"It
depends on you how long you’re in these, okay? Can’t
flood your cell, can’t do that type of stuff. We put you in
restraints to kind of control your behavior," an officer told
Tim.
"We've
seen cases where people have been in restraints on and off, day
after day after day. And I have not found a mental health expert
who has told me that that's a good idea," Pelley tells Caruso.
"It
is on and off. People are removed from restraints. Even prior to
that, people [are] removed from restraints at a maximum of every
two hours. And would get up and walk around," she replies.
Two
hours? 60 Minutes checked the surveillance tape. Souders was up
some of the time, but 60 Minutes found he was restrained for stretches
of 12 hours, 16 hours, and 17 hours.
Tim
Souders had bed sores and on the third day in restraints, he resisted
for the first and only time, complaining bitterly about the hours
in chains.
"I'm
tired of this. Eighteen hours is not justified," Souders could
be heard saying on the videotape.
Recently,
Michigan's corrections director Patricia Caruso suggested limiting
the total time in restraints to six hours.
"Federal
judge describe that as trading six hours of evil for unlimited evil.
Evil is evil, he’s saying. You're smiling," Pelley remarks.
"No.
I'm…I don't—," says Caruso.
"Surely
you take that seriously," Pelley asks.
"I
absolutely take that seriously. Prison is a difficult environment.
I have correctional officers, who become accustomed to having urine
and feces thrown on them by prisoners, who have prisoners who are
so injurious that they will open their bodies to remove organs from
others. And so we have to rely on our responsibility to keep people
safe," says Caruso.
But
Michigan prisons have not been safe for mentally ill prisoners who
have died needlessly. At least one starved to death, and others
died of dehydration like Souders. Jeffrey Clark, a paranoid schizophrenic
serving time for robbery, died of thirst in solitary. His sister,
Bonita Clark-Murphy, pored over investigative reports of his death.
"There
are reports that he had his mouth up against the plexiglas window,
begging and pleading for water and air, and for someone again, to
turn a deaf ear and a blind eye to that, that's why I say Jeffrey
was tortured," she says.
Clark-Murphy
filed suit against the state; she claims the warden told the family
that her brother died of an infection.
"We
buried Jeff, not even knowing what happened," says Clark Murphy.
"It
seems that the prison officials expected to tell you that this was
natural causes, and that you'd just leave it alone," Pelley
asks.
"Absolutely.
And they were so wrong," she replies.
Jeffrey
Clark was locked in solitary in the heat of the summer with his
water turned off. And four years later, the heat index in solitary
was over 100. Souder's was also water turned off.
"That
is steam, I’m afraid," one officer said. "Oh yeah,
because it’s so hot in here," another officer remarked.
He
became delusional, refusing water when offered. But not even that
was a medical emergency to the staff. "Souders has refused.
Officer asked him if he needed water. He replied, ‘No,’"
an officer could be heard on the tape.
After
Souders' death, federal Judge Richard Enslen, who oversees the prison,
wrote that inmates are exposed to an "unauthorized death penalty
at the hands of a callous and dysfunctional health care system that
regularly fails to treat life- threatening illness."
"I
understand that it's easy to take individual cases and to sensationalize
them, and you know, relentlessly replay the facts of an individual
case. But I also think it's unfair," argues Caruso.
"But
director, fair to say, people starve to death and die of thirst
in your prisons?" Pelley asks.
"Any
death, any incident like that in our custody is a tragedy. I will
not deny that. It is not…that certainly isn't something that,
you know, we set out…I mean, we have people come to us dying,"
she replies.
"They
don't come to you dying of thirst and dying of starvation. How can
that happen under your custody?" Pelley asks.
"I'm
not gonna address cases that are under litigation. I cannot do that,"
the prison system director replies.
The
Souders case is under litigation. His mother, Theresa Vaughn, is
suing. She says the prison never told her how her son died. She
found out in the "Detroit Free Press."
Vaughn
has seen the videotapes of her son's last days and says they give
her nightmares. "I cannot believe anyone would treat another
human being that way at all. That they can watch over a four day
period, slowly declining, slowly dying before their eyes,"
she says.
Asked
if she things the guards meant to kill her son, Vaughn tells Pelley,
"I don't believe anybody meant to kill Tim. I don't believe
that they meant to hurt Tim. But they did. They did hurt him. And
he did die. He's not comin' home. He's not comin' back. And he is
gone. And he was only 21 years old."
After
Souders died, a prison nurse was fired for failing to recognize
his condition was becoming critical. In November, Judge Enslen used
the word "torture" to describe those restraints and banned
them. The state is appealing his decision.
In
part because of the death of Timothy Souders, a federal judge in
the case of Hadix v. Caruso ordered wide-ranging reforms in the
prison mental health care, including an end to the in-cell use of
mechanical restraints in most circumstances. Hadix is a federal
civil rights class action involving the medical care, mental health
care, fire safety and protection from excessive heat at three prisons
in Jackson, Mich., the Egeler Correctional Facility, the Southern
Michigan Correctional Facility (JMF), and the Parnall Correctional
Facility. These three prisons contain thousands of prisoners, including
a concentrated population of medically fragile prisoners at JMF.
For more on this case, visit The ACLU National Prison Project.
Survey
Puts New Focus on Binge Eating as a Diagnosis
The
New York Times,
February 13, 2007
By Nicholas Bakalar
Binge
eating is not yet officially classified as a psychiatric disorder.
But it may be more common than the two eating disorders now recognized,
anorexia nervosa and bulimia.
The
first nationally representative study of eating disorders in the
United States, a nationwide survey of more than 2,900 men and women,
was published by Harvard researchers in the Feb. 1 issue of the
journal Biological Psychiatry. It found a prevalence in the general
population of 0.6 percent for anorexia, 1 percent for bulimia and
2.8 percent for binge-eating disorder.
Lifetime
rates of the disorders, the researchers found, are higher in younger
age groups, suggesting that the problem is increasingly common.
Eating disorders are about twice as common among women as men, the
study reports.
Experts
not involved in the study called it significant. “This is
probably the best study yet conducted of the frequencies of eating
disorders in American households,” said Dr. B. Timothy Walsh,
director of the eating disorders research unit of the New York State
Psychiatric Institute at Columbia University Medical Center.
“It
confirms that anorexia nervosa and bulimia are uncommon but serious
illnesses, especially among women,” Dr. Walsh said. “It
also finds that many more individuals, especially those with significant
obesity, are troubled by binge eating, and underscores the need
to better understand this problem.”
The
survey, partly financed by two pharmaceutical companies, was carried
out from 2001 to 2003 among adults 18 and older, and the diagnoses
were established using face-to-face interviews.
While
all three eating disorders appear in the American Psychiatric Association’s
diagnostic bible, the Diagnostic and Statistical Manual of Mental
Disorders, or D.S.M.-IV, binge eating disorder is not considered
a definitive diagnosis like anorexia and bulimia. Rather, it is
one of a number of categories requiring further study.
Some
suspect that establishing binge eating disorder as a psychiatric
diagnosis is merely an attempt by psychiatrists or drug companies
to “medicalize” what would otherwise be considered simply
ordinary, if unfortunate, human behavior. Cynthia M. Bulik, director
of the eating disorders program at the University of North Carolina,
Chapel Hill, does not see it this way.
“It’s
patients who want this in the D.S.M. so they can get treatment,”
Dr. Bulik said. “I’ve gotten e-mails from people saying,
‘Thanks for putting a name on this binge-eating disorder.’
“The
disorder has no diagnostic label that will get them insurance payments,”
she continued. “They have a nasty syndrome with serious health
implications, knowing that there is evidence-based treatment available
and not being able to get it because it’s not officially recognized
as a diagnosis.”
The
diagnosis of binge eating disorder requires that a person eat an
excessively large amount of food in a two-hour period at least twice
a week for six months, feel a lack of control over the episodes,
and experience marked distress regarding the practice.
Marlene
B. Schwartz, the director of research and school programs at the
Rudd Center for Food Policy and Obesity at Yale, who had no role
in the study, said binge-eating disorders were “not a matter
of just eating too much every now and then.”
“The
diagnosis requires the feeling that you can’t stop,”
Dr. Schwartz said. “And it’s that loss of control that
makes it a psychiatric disorder different from someone just overindulging
every now and then.”
Dr.
James I. Hudson, the lead author of the new study, said binge eating
was associated with obesity, particularly severe obesity. “This
brings in a lot of medical consequences and suggests it’s
a major health problem,” he said. “This information
will help us make decisions on public health policy.” Dr.
Hudson is director of the psychiatric epidemiology research program
at McLean Hospital in Belmont, Mass., and a professor of psychiatry
at Harvard.
A
diagnosis of anorexia requires a refusal to maintain at least 85
percent of normal weight and a distinctly distorted view of one’s
weight or body shape. Bulimia is characterized by recurrent episodes
of binge eating at least twice a week for three months and then
compensating for the behavior, usually by self-induced vomiting
or abuse of laxatives and other medicines.
Eating
disorders, the researchers found, are commonly accompanied by other
psychiatric illnesses. In the survey, more than half of the people
with bulimia had major depression, 50 percent had phobias and more
than one-third had a substance abuse disorder. Over all, more than
94 percent of people with bulimia, 56 percent of those with anorexia
and 79 percent of those with binge-eating disorder had at least
one other psychiatric diagnosis.
Dr.
Hudson said the most significant limitation of the study was its
basis on self-reports, explaining that people tend to underreport
their problems with eating disorders. So the true prevalence, he
said, is probably higher than reported.
“Obesity
is an endpoint, and there are many pathways in,” Dr. Bulik
said. “One of the things I look for is modifiable behavioral
factors. This study shows now that binge eating disorder is relatively
prevalent. For a certain percentage of the population, this is a
modifiable behavior.”
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