A federal judge has sharply curbed the use of pepper spray on mentally ill California prisoners.
U.S. District Judge Lawrence Karlton signed off Aug. 1 on a state reform plan drawn up in compliance with a court order, reported Julie Small for The California Report on Aug. 19.
“Horrific” is the word used by Karlton to describe video evidence submitted to the court that shows pepper spray being used on a hallucinating inmate, said Small. The inmate, Jermaine Padilla, would not leave his cell in order to receive medication, she said.
“He has described this as making him feel like less than an animal,” said Padilla’s attorney, Lori Rifkin. Padilla believes the experience at Corcoran worsened his schizophrenia and bi-polar disorder and has permanently damaged him, Rifkin added.
The plan by the California Department of Corrections and Rehabilitation (CDCR) is designed to detail changes in the use of force on mentally ill inmates, reported Small.
The move on behalf of CDCR comes in response to an April federal court order mandating that changes be made concerning when and how correctional officers can use pepper spray to force uncooperative inmates to leave their cells or follow orders, reported Small.
Pepper spray possibly played a part in the deaths of three inmates, Small reported.
Lesser injuries also may have been caused by pepper spray, added Small. The exact number is unknown because CDCR does not consider the effects of pepper spray an injury, Small reported.
The California Report stated that there are 37,000 inmates in California with mild to severe mental illness, about one-quarter of the overall prison population.
Small reported that over the past two decades a number of lawsuits brought by inmates have revealed a “correctional system poorly equipped to deliver adequate care to the needs of these inmates.
Karlton determined last fall that changes are needed regarding psychiatric care.
Small quoted a national expert on correctional mental health, Terry Kupers, as saying, “The pepper spray, the cell extractions, the beatings, the violence among prisoners – all those constitute reenactments of trauma in people who were previously traumatized and make them more emotionally disabled.”
The California Correctional Peace Officers Association (CCPOA) also recognizes a problem with the current use of force, and considers the court-ordered changes long overdue, Small reported.
Karlton’s April court order bans the use of pepper spray on mentally ill inmates in cells and psychiatric holding facilities with few exceptions, noted Small.
“The critical element is to appropriately train our members to recognize what they are dealing with,” said Craig Brown, a lobbyist for CCPOA, speaking of the reform plan, according to Small.
Principal among the changes is that prison staff will be trained to collaborate and to use force only as an absolute last measure after all other options have failed, said Small.
The California Report reported that some negotiations are still under way, yet CDCR officials plan on full implementation of the reforms by the end of this year.
