Jail Safety Recommendations Provided to the County Affairs Committee

Transcription

1 Jail Safety Recommendations Provided to the County Affairs Committee Overall themes of the recommendations provided to the County Affairs Committee 1. Have a medical professional or custodial staff with additional mental health training perform the initial evaluation of the inmate to determine medical and mental health needs. 2. Revise the intake screening form to ensure a better screening process and ultimately better treatment process for inmates and arrestees. 3. Provide the Texas Commission on Jail Standards additional resources to ensure adequate implementation of jail medical plans and suicide prevention plans. 4. Counties should utilize personal recognizance bonds to divert people out of the jail and into treatment. Recommendations broken out by testimony Texas Commission on Jail Standards Recommendations 1. Revision of intake screen form in collaboration with TCOOMMI and DSHS. Justification Current intake screening was created circa 2000 with TCOOMMI advisory group. Since then, better screening tools are now available. 2. Non crisis inmates suspected of having a mental illness shall be assessed by a medical professional with mental health training or a mental health professional within 8 hours of intake. Justification Current administrative rules require a one hour response by an LMHA if an inmate is in crisis or suicidal. However, for inmates not in crisis, the wait time can be a few hours to days for an evaluation if there is suspected mental illness. The inmate should be assessed by a mental health professional and collaborate with security/medical staff regarding supervision level and medications. 3. Appropriations for CCP Magistrate ordered assessments. Justification The state mandates that magistrates order an assessment of persons suspected of having a mental illness, yet provides little to no funding for these assessments. The state should contribute a percentage along with counties and LMHAs. 4. Mandatory mental health training with focus on Code of Criminal Procedure 16.22, and 46 B training for peace officers, jail staff, magistrates, county and district judges, defense attorneys, prosecutors. Justification County jails often receive resistance from magistrates regarding CCP referrals because magistrates are unsure of their role and responsibilities. Approximately sixty 46B inmates with dementia have been sent to the state hospital for restoration when there is no hope of restoration. Many of these inmates are utilizing limited resources when they may be better served in a nursing home. SB 1507, 84th Legislature, requires DSHS to provide mental health training to judicial personnel. Training is currently in development.

2 5. Require the Texas Uniform Health Status Update (TUHS) form between county jails, prisons and state hospitals. Justification The form is currently utilized between county jails and prisons; however, many inmates are arriving at state hospitals with severe medical needs that the hospital was not prepared for. 6. Require minimum of 72 hour notice of sending entity to receiving entity of a special needs inmate/client, including severe medical issues. Justification The Commission was notified that county jails were sending inmates to TDCJ and state hospitals with severe medical and mental health issues without notifying the receiving entity. This requirement would be reciprocal among all entities. 7. Require compilation and publication of mental health formulary of all criminal justice and mental health entities. Justification Often, inmates/clients are prescribed medications that are not on receiving entities' formulary. If entities are aware of each other's formulary, medication stabilization may be better achieved. 8. State Appropriations for jail case managers with all 39 Community Centers (Example Bluebonnet Trails Model Williamson County LMHA). Justification The Bluebonnet Trails Jail Division Specialist coordinates mental health care of jail inmates. This individual provides collaboration and guidance from intake through release intended to coordinate an effective plan between the criminal justice system, court system and mental health care. These individuals provide vital information to prosecutors, defense attorneys, and the courts in the proper placement and adjudication of special needs offenders. Supporting the courts and justice system in this way enables timely consideration of appropriateness of diversion; offers immediate access to counseling and case management; and engages key persons determining conditions for release and upon release. 9. Increase of maximum security mental health beds. Justification Currently, there is a 4 6 month wait for a 46B inmate to get into a maximum security mental health bed. Maximum security inmates are inmates that have committed felony offenses and have been determined to be manifestly dangerous. Recommendations from Texas Criminal Justice Coalition Strategy 1 Rethink and Revamp Current Policing Practices 1. De escalation a. Every use of force incident should be evaluated to determine if the situation warranted the use of force and whether de escalation techniques were used properly. b. Officers should be encouraged to delay decisions to use aggressive tactics whenever appropriate and wait for supervisors to arrive. c. Use of force incidents that clearly involve an officer straying from the protocols that were instilled during training should result in disciplinary action.

3 2. Reducing Racial Disparity in Reasonable Suspicion Stops a. Law enforcement agencies should evaluate data for patterns of racially disproportionate traffic stops to identify officers in need of training. b. Require law enforcement agencies to do more than simply report racial profiling data and require them to report on their efforts to address patterns of racially disparate policing revealed in those reports. Strategy 2 Implement Pre booking Diversion 1. Require greater use of pre booking diversion across the state, particularly those suspected of committing nonviolent misdemeanors. Emphasize diversion for non violent individuals with mental illness and those with substance abuse issues. Early interactions with police that lead to service linkage of jail reduce the likelihood of future arrest. Strategy 3 Prohibit Arrests for Non jailable Offenses Prohibiting Arrests for Non jailable Offenses 1. The Legislature should enact legislation prohibiting arrests for nonviolent, non jailable offenses, and law enforcement agencies should immediately exercise their discretion and implement this as a policy. Limit Consent Searches 1. Require notice of the right to refuse a consent search and written or oral consent prior to searching a vehicle during a stop for an alleged violation of a traffic law, unless there is probably cause or other legal basis to perform the search. Strategy 4 Reform Bail System and Provide Sufficient Public Defense Greater Use of Personal Recognizance (PR) Bonds 1. Require all counties to expand the use of PR bonds using a validated assessment of risk rather than bail schedules. Utilize the savings from decreased jail population to fund pretrial supervision. Pretrial Defense at Bail Hearings 1. Require counties to provide defense counsel at magistration. 2. Enforce constitutional right to individualized determination in establishing bail amounts, and prohibit the use of bail schedules. Strategy 5 Advocate for Improvements to Mental Health Training for Law Enforcement and Jail Personnel. Suicide Prevention in County Jails 1. Ensure that the screening for suicide, medical, and mental impairments is conducted by a qualified health professional or correctional staff member with specialized training. 2. Ensure that those identified as being at higher risk for suicide are referred to a mental health professional for further evaluation and treatment. 3. Require increased use of PR bonds, decreasing pretrial jail populations, so that even small county jails have the resources to ensure that qualified mental health professionals and well trained jail staff are available. 4. Give the Texas Commission on Jail Standards (TCJS) the authority to require mandatory training sessions on suicide prevention. 5. Prohibit jails from detaining individuals at risk for suicide in isolated areas or single cells. Law Enforcement Crisis Intervention Teams 1. Expand the use of Crisis Intervention Teams across the state, even in smaller counties.

4 Strategy 6 Advocate to Provide Sufficient Power and Resources to the Texas Commission on Jail Standards 1. Provide the Texas Commission on Jail Standards with the resources and authority to enforce jail standards across the state. National Alliance on Mental Illness of Texas 1. Consider intake and screening best practices. 2. Enhanced training of county corrections officers. 3. TCJS should engage with stakeholders to strengthen its Mental Health Resources information available on their website. 4. Need for public accessibility of local Mental Disabilities/Suicide Prevention Plans. 5. Need for public accessibility of the criteria that TCJS uses when evaluating the local jail's suicide prevention plan. 6. More specificity in jail standards regarding requirements for local suicide prevention plans 7. TCJS inspection role needs to be enhanced. 8. Need for more information and scrutiny over training and job responsibility requirements for TCJS inspectors. Center for Public Policy Priorities 1. Explore intake and screening best practices such as the Brief Jail Mental Health Screen recommended by the Substance Abuse Mental Health Services Administration Gains Center for Behavioral Health and Justice Reform. 2. Enhance observation and monitoring best practices for individuals who are at risk for suicide. 3. Provide in depth mental health training for county corrections officers (jailers). Although mental health and suicide are incorporated in the initial and on going training for licensed jailers, the training is minimal. Mental Health America of Texas and Texas Suicide Prevention Council Implement best practices for suicide risk assessment and prevention: 1. High quality, ongoing mental health and suicide prevention training for all staff 2. Proactive monitoring to ensure compliance, rather than compliant or tragedy driven investigations 3. Screening by a qualified mental health professional or trained staff when booked with best practices screening tools 4. Expedient referrals to a mental health professional when indicated and 24/7 availability of mental health services to inmates Implement best practices for individuals at risk: 1. Keep in a safe environment with constant supervision until seen by a mental health professional. 2. Use of suicide resistant cells, which include features such as tamper proof light fixtures, ceiling/wall air vents that are protrusion free, bunks with rounded edges and no tie off points. 3. Removal of lethal means including trash bags and other means of hanging since most prevalent means used in custody. 4. No solitary confinement. 5. Check at least every minutes (at irregular intervals), if not continuously.

5 LBJ School, the University of Texas at Austin Michele Deitch Implement best practices: 1. Inmate intake screening form needs include questions that identify an arrestee s urgent medical needs, including any chronic health or mental health issues, any suicidal thoughts or prior suicide attempts, any medications, and whether they are currently intoxicated by drugs or alcohol. 2. The National Commission on Correctional Health Care standards indicate that the person who administers the screening questionnaire should be a health care professional. a. A health care professional is better able to assess the urgency of the medical needs presented by the arrestee. b. An arrestee may be more likely to provide accurate information about sensitive health needs to a nurse rather than a law enforcement representative. 3. In the event that a health care professional is not available, require that a custodial officer who conducts the screening be someone with supplemental training beyond that provided to other custodial staff. 4. Jails need to have clearly written arrangements with local mental health facilities to provide emergency mental health care as well as routine treatment services. 5. Suicide prevention training should be required for two hours annually. 6. A positive answer to any of the questions on the screening form about mental illness or suicidal tendencies should trigger an immediate referral to and prompt evaluation by a mental health professional, and placement of the inmate in a safe setting pending assessment. 7. Should be varying levels of suicide watch such as "acutely suicidal" or "nonacutely suicidal" which should determine whether the inmate should be subject to constant observation 8. Suicide resistant cells. 9. The jail's suicide prevention plan should include a provision for a post incident review of not only completed suicides but also all serious suicide attempts. 10. The jail's suicide plan should recognize and address the fact that suicides can occur at any time during an inmate's incarceration, not only upon admission, and thus must always be alert to indications that an inmate is developing mental health issues or suicidal ideation. Making Jail Standards and Jail Oversight More Robust in Texas 1. The Legislature should provide the Commission with additional resources to make their work more robust. 2. The Commission needs to develop standards on a number of important issues that are currently unaddressed. 3. The Commission's standards need to be more detailed, especially on issues related to the health care, mental health, and suicide prevention plans. 4. There is no provision for the inspectors to assess the jail's compliance with its own plan. There need to be standards in place to assess compliance regarding the plans implementation instead of compliance of just simply having a plan. 5. The Commission should seek to develop performance based standards, in much of the same way that the American Correctional Association has done in recent years. 6. There needs to be increased attention paid to smaller jails in Texas which are typically lacking in mental health resources, and have substantially higher rates of inmate suicide than larger facilities. 7. Texas needs an oversight mechanism that is focused on the treatment of prisoners and the investigation of inmate complaints (such as an ombudsman).