Appropriate Treatment For Deaf Sex Offenders

3-27-15 National:

Sexual predation is considered to be a heinous crime rather than a disease. In a paper written by Dr. McCay Vernon – the late psychologist who specialized in mental health issues and deaf persons – pedophilia is a “a curse,” because crimes by sexual molesters arouse so much public anger, and sex offenders often receive severe sentences by judges, juries and the public.

The curse extends beyond public outcry.

When a sex offender who is deaf, is sentenced to prison, the programs that prisons offer are often not accessible to them. Prison officials commonly – and wrongly – believe, that providing a sign language interpreter, thus an equivalency of the message will suffice. Not so. Many deaf sex offenders do not understand the psychological vocabulary that is used in these lectures. Further, they cannot read the materials.

Many Deaf adult criminal offenders are reading at the second grade level or below, have histories of physical, and emotional abuse, and may have cognitive disabilities as well. They are unable to grasp the concepts in these sessions, or learn how to process the stages in order to gain awareness of their disease. The textbooks, workbooks and other written materials are often written at the 7th grade or higher, so they cannot read the materials.

Ohio prison system liable for injuries of rapist, 80, who fell out of top bunk, court rules

2-15-15 Ohio:

COLUMBUS, Ohio -- The Ohio Department of Rehabilitation and Correction is liable for the injuries of an 80-year-old inmate who fell out of his top bunk, a state court says.

A ruling by Ohio Court of Claims magistrate earlier this month says the state prison system knew the risks and shouldn't have assigned inmate Roy Buchanan to a top bunk.

The order does not rule on amount of monetary damages, which would be determined in a separate proceeding, the Ohio Supreme Court's news service said (See News Service of case below).

Buchanan's complaint said he lost his balance and fell out of his bunk onto the concrete floor of the dorm where he lived at the Hocking Correctional Facility in December 2012.

Inmate's family becomes latest to sue over prison shower death

11-15-2014 Florida:

Darren Rainey was burned over 90 percent of his body, and his temperature registered over 104 degrees after he was found dead in a scalding shower at Dade Correctional Institution in 2012, according to a federal civil rights lawsuit filed against the state Department of Corrections by Rainey's family.

The lawsuit, filed Wednesday, alleges that Rainey — diagnosed with severe schizophrenia — was tortured by corrections officers who used a "shower treatment'' against him and other mentally ill inmates at the prison. It also alleges that the Florida Department of Corrections and Corizon, the private company responsible for the prison's health care at the time of Rainey's death, not only knew that mentally ill inmates were being abused in the prison, but allowed staff to cover it up.

Albion Park child-sex offender 'struggling' in prison

10-1-2014 Australia:

An Albion Park man who sexually assaulted a child and later threatened to shoot her parents if she told anyone will learn his fate next month.

A jury took just two hours to convict Dennis Raymond Walker of four counts of sexual intercourse with a child under 10 and one count of indecent assault during a trial held in April this year.

In a sentence hearing in the district court in Sutherland on Wednesday, Walker told the court he was having a hard time in jail due to various health problems, which included depression, an enlarged prostate and osteoarthritis.

He said because he was in protective custody - as are all offenders involved in sexual offences against children - he received reduced time out of his cell compared to other inmates.

Elderly inmates cared for at SCI-Laurel Highlands

9-13-2014 Pennsylvania:

SOMERSET, Pennsylvania — Though he doesn't like to dwell on it, Charles is fully aware of the fact that he could die within the sterile walls of the Somerset prison where he is confined.

The 67-year-old spent the last four years at SCI-Laurel Highlands because of failing health. He's lost his vision, his right leg and often prays for death.

"I would never hurt myself," he said. "But there's nothing here and there's nothing on the streets."

Charles isn't alone. He's one of hundreds of inmates assigned to SCI-Laurel Highlands because of poor health or rehabilitative needs who will more than likely die while serving their prison sentence. The state Department of Corrections does not allow media reports to include inmate's last names, their crimes or certain personal information, but did allow a reporter and photographer inside the walls of the prison for elderly inmates earlier this summer.

More than 10 percent of the state's prison population is considered "elderly," with anyone 55 years or older being grouped into the category, according to the Department of Corrections.

Many, like Charles, are in poor health as a result of a preexisting condition. Others are recovering from injuries sustained while committing their crimes.

Lawsuit: Disabled man was killed by inmate in overcrowded Cahokia jail cell

9-18-2013 Illinois:

A federal lawsuit alleges Cahokia jailers failed to protect a defenseless man killed by a dangerous felon in a crowded cell, according to court documents.

Mark E. Luster, 42, of Cahokia, is charged with killing Timothy Johnson, 25, of Granite City, while the two were inmates at the Cahokia jail. The federal suit alleges jailers placed Johnson, Luster and another inmate in a two-person cell at the Cahokia jail on May 12, 2012, then ignored Luster’s threats to harm his fellow inmates.

Johnson, who suffered from cerebral palsy, was found beaten and strangled on May 13, 2012. Court-appointed administrators of his estate, Beverly Hills and Eddie Ricks, seek more than $1 million from the Village of Cahokia and 11 law enforcement officers.

Cahokia officials could not be reached for comment. The attorney for the estate administrators, David Cates with the law firm Cates Mahoney in Swansea, could not be reached for comment.

Attorneys representing the village say jailers were “neither the cause in fact nor the legal cause of Mr. Johnson’s death” and state law grants the village “absolute immunity from liability for claims arising out of any inadequacy in jail … operations,” according to court documents.

Johnson was arrested on May 12 on suspicion of stealing a motorized cart from a Walmart next to his home, according to court documents. Due to his disability, Johnson needed crutches to walk.

Johnson was placed in the cell at about 6:17 p.m., Luster was placed in the cell a few minutes later. A third inmate joined the two at about 9:26 p.m.

At some point, Johnson tried to get the attention of guards to help the third inmate who was having asthma-related health issues. Luster allegedly became angry with Johnson for requesting help, then killed him in the cell.

Prior to Johnson’s death, Luster allegedly told jailers he intended to hurt his cellmates, according to court documents. Luster has faced a litany of criminal charges since 1989, according to St. Clair County court records. He has been convicted of aggravated assault, theft, burglary and battery charges.

The lawsuit alleges Cahokia jailers were responsible because they knew Luster’s “propensity for physical violence, his communicated threat that he would become violent towards Timothy Johnson. … Johnson was disabled and unable to defend himself.”

The cameras monitoring the cell were not working and jailers did not perform any well-being checks on the inmates on May 13, according to court documents.

A related civil lawsuit had been filed with the St. Clair County Circuit Court, but was transferred to federal court on Friday. ..Source.. by CONUS TOC

CA- Disabled inmates subjected to shocking conditions in Los Angeles County jails, advocates say

Issue: Jail Conditions If Arrested

5-29-2008 California:

Report by the ACLU and the Disability Rights Legal Center finds dreary, overcrowded cells, a lack of accessible bathroom facilities and limited access to recreation opportunities.

For several hours, as he waited to get booked for petty theft at the Los Angeles County Jail in October, Peter Johnson told deputies he needed to go to the restroom.

Although other inmates were free to use the facilities, Johnson -- a paraplegic -- was told there were none in the area equipped to accommodate the physically disabled. Guards, he said, seemed indifferent to his plight, telling him he simply had to wait.

"We are treated like the worst of the worst because of our disabilities," said Johnson, who ultimately lost control of his bowels and was forced to sit in his own feces for more than six hours.

Johnson, who is still incarcerated, and more than a dozen other disabled inmates complain that the county jail system, by design, discriminates against them.

Simple tasks like taking a shower, getting onto a bunk or using the lavatory become impossible.

A recent study commissioned by the Disability Rights Legal Center and American Civil Liberties Union of Southern California found severe problems with how disabled inmates are treated. The report concluded that the Sheriff's Department was violating the Americans with Disabilities Act (ADA), which prohibits discrimination against people with disabilities.

Lawyers for the two groups say they plan to file a lawsuit against the county today that would seek a court order requiring that the jails to comply with anti-discrimination laws.

Logan Hopper, an expert on ADA requirements who conducted the study for the ACLU and disability rights center, reported that during his three-day inspection of the jails he found disabled inmates struggling to overcome physical barriers to toilets, shower stalls and visitor areas.

In his 31-page report, he said the housing areas for disabled inmates had broken plumbing, lacked natural light and had limited access to recreational areas.

"These were the most overcrowded, dreariest and poorest maintained rooms or cells observed," he wrote.

Hopper also said the problems extended beyond poorly equipped facilities. Inmates with disabilities are often precluded from educational and job training programs because those are held in parts of the jail system they cannot access, he said.

Also, Hopper reported that jailers failed to properly classify inmates as having disabilities. Some paralyzed inmates said in sworn declarations that their wheelchairs were confiscated, forcing them to use crutches or crawl around in their cells.

"This is some of the most shocking stuff we've seen. There are clear human rights issues here," said Shawna Parks, an attorney for the disability rights center. "This is a systemic problem beyond the fact that the toilet is inaccessible. It is shameful that people with disabilities are being punished doubly because they have disabilities."

Sheriff's officials say they have met with lawyers for disabled inmates and are trying to address their concerns. "We don't have a magic wand we can wave to fix it all," said Sheriff Lee Baca, who added that many of the jails were designed 50 years ago, before the courts and lawmakers saw the need to accommodate inmates with disabilities.

Baca said disabled inmates are now housed in Twin Towers and in the old medical wing of the Men's Central Jail, which he said was a far less crowded and better place than general lockdown.

He said he hoped to eventually close Men's Central Jail and build newer, better equipped, facilities in Lancaster, Castaic and near East L.A.

Baca said his jails have more disabled inmates than ever because more people with disabilities are committing serious crimes.

"We do, quite frankly, the best we can. But we can do better," he said. "The ACLU is wonderful at presenting our problems but never comes up with any solutions."

Baca said he believes that the courts should try to assign severely disabled inmates to home detention.

"It costs us $700 to $800 a day to keep them in the jail," Baca said.

The sheriff said he also would consider allowing care workers for the most severely disabled into the jails.

ACLU officials said the Sheriff's Department is in a position to address many of the obstacles that disabled inmates face.

Ramona Ripston, executive director of the ACLU of Southern California, said that inmates in their declarations gave vivid and frightening accounts of the deplorable conditions in the jail. ..News Source.. by Richard Winton, Los Angeles Times Staff Writer