Ruling spotlights problems for developmentally disabled in California's prisons

At the end of August, the Associated Press reported on a preliminary ruling issued by U.S. District Judge Charles Breyer in which he sharply criticized California's prison system in their handling of developmentally disabled inmates. (see: Judge pans Calif.'s mentally disabled inmate care)
Correction officials had petitioned to end the court oversight ordered after a 2001 settlement, but in his preliminary ruling, the judge found that California's prison system still does a poor job of identifying and caring for developmentally disabled inmates nine years after the state agreed to improve services — and he rejected the request to end court oversight.

Instead Judge Breyer ordered the California Department of Corrections and Rehabilitation to submit a new plan to improve employee training and to better identify developmentally disabled inmates, saying he doubted the state can correct the problems on its own.

Attorneys were given twelve days to file objections before the proposed ruling was made final.
Although the state had argued during a six-day trial in May that conditions have improved to the point that it is no longer violating inmates' constitutional rights, other testimony at the hearing suggested otherwise and the judge agreed.

Findings and testimony included:

The system as a whole appeared indifferent to the needs of these inmates despite the efforts of some employees.
Inmates are regularly verbally, physically, and sexually assaulted, exploited, and discriminated against in California prison.
Developmentally disabled prisoners are punished for violating prison rules that they do not understand, and are punished at hearings which they cannot comprehend.
They regularly have their food and property stolen, or give it up to buy protection or help from other inmates. They often lack the help they need with basic hygiene, or with getting routine medical treatment.

Studies show as many as 4 percent of California's inmates are developmentally disabled, yet the prison system has identified and treats less than 1 percent. Advocates hope that this latest ruling will force the State's prison system to make the changes necessary to safeguard the developmentally disabled under their supervision.

The related but unstated concern is how many of these vulnerable individuals end up in the prison system to begin with — but that's a subject for another post perhaps.

---

The Prison Law Office, a nonprofit public interest law firm, filed the original lawsuit in 1996 and fought the state's attempt in this case to end court monitoring.

Prison Law Office
1917 5th Street
Berkeley, California 94710
(510) 280-2621