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From the Editor - Prison Legal News

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Like o<strong>the</strong>r prison systems throughout<br />

<strong>the</strong> nation, Connecticut’s is<br />

reaching peak capacity. In <strong>the</strong> midst of<br />

dealing with overcrowding and parole<br />

issues, <strong>the</strong> Connecticut Department of<br />

Correction (CDOC) must also determine<br />

how to handle a growing number of prisoners<br />

with mental health issues.<br />

To readers of PLN, <strong>the</strong> increasing<br />

population of mentally ill offenders in<br />

America’s prisons is nothing new. Even<br />

prison guards recognize <strong>the</strong> difference<br />

between treating mental illness and warehousing<br />

mentally ill prisoners. “We’ve<br />

become society’s mental health provider,”<br />

said Steve Curran, a guard at CDOC’s<br />

Garner Correctional Institution (GCI)<br />

and Secretary of <strong>the</strong> American Federation<br />

of State, County and Municipal Employees<br />

Local 1565.<br />

After becoming CDOC’s Commissioner,<br />

Theresa C. Lantz designated GCI<br />

as a facility to house mentally ill prisoners.<br />

Currently about 450 of GCI’s 554<br />

prisoners are classified as having mental<br />

problems. Yet, Lantz has insisted that<br />

she is “... not running a mental health<br />

hospital.”<br />

Curran observed that guards regard<br />

mentally ill prisoners as prisoners first,<br />

while <strong>the</strong> nurses “are treating <strong>the</strong>m as<br />

clients and patients.” Recognizing that<br />

could pose a problem, Connecticut’s<br />

2006 General Assembly passed a bill that<br />

requires additional psychiatric training<br />

for guards.<br />

Most mentally ill people who land in<br />

prison are <strong>the</strong>re for minor offenses. “Everybody<br />

calls <strong>the</strong> police when someone<br />

becomes disruptive, and those people are<br />

often mentally ill,” said state Rep. Patricia<br />

Dillon. The co-chair of <strong>the</strong> legislature’s<br />

Judiciary Committee, Rep. Michael P.<br />

Lawlor, agreed.<br />

As a former prosecutor, Lawlor acknowledged<br />

that homeless citizens who<br />

trespass, urinate in public or cause o<strong>the</strong>r<br />

disturbances are often sent to prison.<br />

“Because <strong>the</strong>re seems to be no o<strong>the</strong>r options,<br />

<strong>the</strong>y end up being dumped in jail,”<br />

he said.<br />

Dillon and Lawlor are not alone<br />

among legislators on this issue. “I question<br />

whe<strong>the</strong>r we’re incarcerating <strong>the</strong> right people<br />

for <strong>the</strong> right reasons,” stated Deputy<br />

As Connecticut’s <strong>Prison</strong> Population Increases,<br />

So Does <strong>the</strong> Number of Imprisoned Mentally Ill<br />

by David M. Reutter<br />

House Majority Leader Toni Walker.<br />

The questions being raised by lawmakers<br />

are largely a result of <strong>the</strong> drain<br />

that mentally ill prisoners are placing<br />

on <strong>the</strong> state’s budget. With <strong>the</strong> recent<br />

release of a CDOC report that found 20<br />

percent of <strong>the</strong> state’s prison population<br />

was mentally ill, <strong>the</strong> expense of caring<br />

for those prisoners has become a serious<br />

fiscal issue.<br />

The cost of providing medical care<br />

for prisoners has increased 22 percent<br />

in recent years. Consequently, <strong>the</strong> state’s<br />

prison medical budget ballooned from<br />

$77.4 million in 2003-04 to almost $100<br />

million for 2007-08. CDOC’s population<br />

has remained relatively stable over<br />

that time period. According to Majority<br />

Leader Walker, care for mentally ill prisoners<br />

has significantly contributed to <strong>the</strong><br />

cost increase.<br />

Because counselor-based treatment<br />

of <strong>the</strong> mentally ill is more expensive than<br />

pharmaceutical treatment, prison officials<br />

prefer to administer psychotropic drugs.<br />

Such drugs have <strong>the</strong> effect of making<br />

mentally ill prisoners feel in a stupor, which<br />

makes <strong>the</strong>m more compliant; thus, guards<br />

prefer this method of treatment, too. The<br />

financial result is that CDOC’s most recent<br />

$9.6 million increase in prisoner healthcare<br />

costs comes in part from a 7 percent rise in<br />

spending for pharmaceuticals.<br />

What to do with or about <strong>the</strong> mentally<br />

ill has become a major issue due to<br />

a September 24, 2007 temporary ban on<br />

parole for prisoners convicted of violent<br />

offences, which has put a squeeze on<br />

<strong>the</strong> prison population. That squeeze has<br />

about 300 CDOC prisoners sleeping on<br />

beds in gym areas because <strong>the</strong>re are not<br />

enough cells.<br />

The parole restrictions were enacted<br />

by Gov. M. Jodi Rell following two violent<br />

incidents involving parolees. The first occurred<br />

when two parolees were arrested for<br />

a July 23, 2007 home invasion and triple<br />

murder in Cheshire. The second was when<br />

ano<strong>the</strong>r parolee was shot and wounded by<br />

New York police as he exited a vehicle he<br />

had carjacked at knife point.<br />

“We will ensure that violent offenders<br />

who pose a risk to society stay behind bars<br />

while continuing to help nonviolent offenders<br />

make <strong>the</strong> most effective transition<br />

possible back to society,” said Governor<br />

Rell.<br />

Some legislators disagreed. They felt<br />

that releasing certain nonviolent prisoners,<br />

such as drug addicts, would be freeing<br />

<strong>the</strong> ones who were more likely to reoffend.<br />

“You are potentially creating a lot more<br />

problems here,” said Rep. Lawlor.<br />

Under Connecticut law, prisoners<br />

who commit violent crimes must complete<br />

85 percent of <strong>the</strong>ir sentences, while<br />

nonviolent offenders need only complete<br />

about half of <strong>the</strong>ir prison terms before<br />

<strong>the</strong>y can obtain parole. Despite having<br />

already served longer sentences, Gov. Rell<br />

ordered state officials to review <strong>the</strong> files<br />

of 600 to 800 violent offenders who are<br />

currently on parole.<br />

“If we identify anyone in this review<br />

who has failed to follow <strong>the</strong> terms of <strong>the</strong>ir<br />

release – or if anyone currently on parole<br />

fails to do so in <strong>the</strong> future – we will revoke<br />

<strong>the</strong>ir parole and return <strong>the</strong>m to prison to<br />

serve <strong>the</strong> balance of <strong>the</strong>ir sentence,” she<br />

said.<br />

The CDOC’s population has increased<br />

from 18,869 prisoners in July<br />

2007 to 19,655 since <strong>the</strong> ban on parole for<br />

violent offenders was implemented last<br />

September. The state’s prison system is<br />

only designed to hold about 17,600. The<br />

overcrowding and inherent increase in<br />

<strong>the</strong> prison population that will result due<br />

to <strong>the</strong> parole restrictions has lawmakers<br />

concerned.<br />

“It’s pretty clear <strong>the</strong> governor did not<br />

do a lot of checking before she announced<br />

her policy,” Lawlor said. “It’s not clear<br />

exactly what <strong>the</strong>ir plan is to keep a lid on<br />

<strong>the</strong> [prison] population.”<br />

Governor Rell declined an invitation<br />

to testify before <strong>the</strong> legislature to detail<br />

her plans. CDOC Commissioner Theresa<br />

C. Lantz appeared in her stead. Prior<br />

to Gov. Rell’s new parole policy, Lantz<br />

had said <strong>the</strong> prison system was “full.”<br />

Yet she claimed <strong>the</strong>re was no maximum<br />

population, as <strong>the</strong> system could adjust<br />

to increases without more money, a new<br />

prison or added resources.<br />

“Is <strong>the</strong>re ever a limit as to how many<br />

prisoners you can fit into a building?”<br />

asked Rep. Gerald Fox, vice chairman of<br />

<strong>the</strong> House Judiciary Committee.<br />

“As of right now, we have enough bed<br />

April 2008<br />

20<br />

<strong>Prison</strong> <strong>Legal</strong> <strong>News</strong>

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