In a shocking case of neglect, the U.S. Attorney’s Office for the District of Massachusetts and the Justice Department’s Civil Rights Division have entered into an Agreement with the Massachusetts Department of Correction (DOC) to resolve its investigation into the treatment of incarcerated individuals with acute mental health issues at the state’s prisons.
The investigation found that the DOC engaged in a pattern or practice of constitutional violations under the Eighth Amendment to the U.S. Constitution, with incarcerated individuals subjected to prolonged periods of restrictive housing conditions instead of receiving constitutionally adequate mental health care and supervision.
As prosecutors, we have a duty to enforce criminal laws which can result in sending people to carceral facilities. We also have a duty to ensure that once someone is incarcerated and in the custody and control of a state, local or federal government, that they receive constitutional treatment and adequate mental and physical health care. In the instant case, our investigation found unconstitutional conditions and circumstances where incarcerated people in mental health crisis harmed themselves up to and including suicide,” said United States Attorney Rachael S. Rollins. “We must provide better mental health treatment in our carceral facilities. Statistics show that far too many of the incarcerated population suffers from significant mental health and substance use disorders, among other severe things. Moving forward, we will be working closely with DOC to address and correct the serious issues and violations identified in our November 2020 Notice. This agreement is the product of hard work and collaboration and offers many innovative solutions. Specifically, the creation of a Stabilization Unit, a newly established civilian Support Person position, as well as mandatory out-of-cell mental health contacts. With these innovations, we intend for Massachusetts to become the gold standard in mental health supervision and treatment for incarcerated individuals. DOC could become an example for the nation.”
The Agreement requires the DOC to improve policies and training related to mental health care for incarcerated individuals, including ensuring that individuals in mental health crisis receive three daily mental health contacts; that support staff interact with them while they are on a mental health watch; and that the DOC develop a new unit to provide more intensive mental health treatment for individuals in mental health crisis who are not improving while on mental health watch.
In addition, the DOC will provide better documentation of increasing mental health treatment for incarcerated individuals experiencing prolonged mental health crisis. The DOC’s Mental Health Director will now have a role in determining the cell conditions and privileges for anyone on a mental health watch.
The Agreement also provides for the appointment of an independent monitor, Dr. Reena Kapoor, to ensure compliance with this Agreement. Dr. Kapoor is an Associate Professor of Psychiatry at Yale School of Medicine. She has previously served on legal monitoring teams that assessed mental health care in prison systems and has published extensively on the intersection between solitary confinement and mental illness.
The U.S. Attorney’s Office for the District of Massachusetts and the Justice Department’s Civil Rights Division have entered into an Agreement with the Massachusetts Department of Correction (DOC) to resolve its investigation into the treatment of incarcerated individuals with acute mental health issues at the state’s prisons.
The Agreement resolves the United States’ claim that the DOC engaged in a pattern or practice of constitutional violations under the Eighth Amendment to the U.S. Constitution. The Agreement requires the DOC to improve policies and training related to mental health care for incarcerated individuals, including ensuring that individuals in mental health crisis receive three daily mental health contacts; that support staff interact with them while they are on a mental health watch; and that the DOC develop a new unit to provide more intensive mental health treatment for individuals in mental health crisis who are not improving while on mental health watch.
Defendant: Massachusetts Department of Correction (DOC)
Exact criminal charges: Engaging in a pattern or practice of constitutional violations under the Eighth Amendment to the U.S. Constitution
City and state: Boston, Massachusetts
Exact date: November 2020
Sentence or outcome: Agreement to improve policies and training related to mental health care for incarcerated individuals, including the creation of a Stabilization Unit and a newly established civilian Support Person position
Dollar amounts: None
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Key Facts
- State: Massachusetts
- Category: Public Corruption|Violent Crime
- Source: DOJ Press Release â†â€â€
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