Medical Malpractice in the PSUs

One of the California Department of Corrections and Rehabilitation’s (CDCR) current problems is not enough bed space inside the psychiatric housing units. As a result of this consistent problem prisoner’s health and federal rights are being compromised more and more. Currently there are 4900 prisoners in Enhanced Outpatient Program (EOP) programs, but a large number of EOP prisoners have been awaiting admission into the CDCR Psychiatric Services Unit (PSU) for way too long.

This problem could have been solved by the prison administration a long time ago, but with the CDCR, money takes precedence over prisoner’s health and well being. They just do their best to camouflage that fact creating legal technicalities to prevent liability. EOP Security Housing Unit (SHU) prisoners who are currently in the PSUs are suffering and paying the cost of overcrowding. Due to the prison administration’s desperation to create bed space for EOP SHU offenders awaiting admission to the PSU, many EOP prisoner’s level of care is being lowered without regard to their medical needs by the interdisciplinary treatment team (IDTT) committee members.

Recently a fellow prisoner comrade of mine went to his IDTT hearing, which are held every 90 days. At the hearing he was told that because he is “high functioning” his level of care would be reduced back to Correctional Clinical Case Management System (CCCMS). He told them that he has many medical reasons to stay on EOP level of care to help control his symptoms, including hallucinations and inconsistent changes of behavior. They ignored his medical history and dropped him from the EOP program.

The CDCR takes a mental health patient who isn’t functioning well at a CCCMS level of care, and changes his level of care to EOP, to help the prisoner function better. Then they see the positive changes the prisoner has made due to the level of care change, and so they decide to change him back to CCCMS. But there is no help for these prisoners to sustain their progress on CCCMS. That’s what the IDTT members are doing to current PSU EOP prisoners simply to make bed space. There’s a huge difference in treatment given when in CCCMS compared to being in EOP. there is no possible way a prisoner that requires an EOP level of care can cope at a lower inadequate non-suitable level of care CCCMS! That’s medical malpractice! It’s the same as forcing a disabled prisoner that can’t walk to be restricted from using a wheelchair!

As a United Soldier from Within member I’m asking for the EOP prisoners who are experiencing this type of medical malpractice to come forward by sending a letter to Under Lock and Key and let us know your situation. If we can demonstrate that this is indeed a pattern someone from United Soldiers will be assigned to look into the matter and work on putting a cease to this form of injustice and inadequate medical care.

MIM(Prisons) adds: This comrade demonstrates well the failure of the health care system in Amerikan prisons.

First there is the failure of care in general: prisoners receive abysmal health care services that amount to outright neglect. This got so bad in California that a federal judge put California prisons in receivership under a mandate to fix the health care services. Denial of adequate care leads to an unknown number of deaths and illnesses every year in Amerikan prisons.

In this case, the author is talking about inadequate mental health services. It’s important to understand what is meant by “mental illness” under capitalism to put this neglect in context. Prisoners who are locked in isolated cells for years at a time are going to lose their ability to function in society. This is just one example of how the criminal injustice system literally drives people to mental illness.

We don’t see mental illness as a fixed situation but rather a result of society. And in fact the definition of this “illness” changes based on who has power in a society. There are many examples in history of communists being labeled “crazy” for their beliefs in the equality of all people. Further, those who are angered and depressed by the exploitation, murder and oppression of the majority of the world’s people are given drugs by the capitalist doctors to help make them happier.

There are many people in prison who have been abused by society and then abused by the criminal injustice system. And it should be no surprise that they now have difficulty functioning. We are under no illusions that a little “mental health” treatment is going to fix this problem. But neglect and punishment is certainly only going to make things worse. And the casual moving people from program to program with little regard for their well being described in this article is just a financial and numerical exercise for the prisoncrats.

As we have described in other articles on mental health, we need to keep in mind that we can’t rely on the enemy to solve our problems. The criminal injustice system is behind many of the mental health problems in prisons. And so they can not be counted on to provide the solution, which requires more than some capitalist counseling and drugs. We support our comrade’s call for adequate health care, but we know that this must be a part of the larger fight against the imperialist system, because the imperialists are the cause of many of our health problems.