Post by Anja on Jun 22, 2006 18:03:18 GMT -5
Decree gives prisoners relief----Settlement to allow Unit 32 inmates
privileges of showers, ice, exercise outside cells
A consent decree signed by the state will allow inmates in the maximum
security Unit 32 at the Mississippi State Penitentiary to shower 6 days a
week, receive a 32-ounce cup of ice three times a day during the summer
and exercise outside of their cells.
U.S. Magistrate Judge Jerry A. Davis recently agreed to the settlement in
a 2005 federal lawsuit filed by the American Civil Liberties Union's
National Prisons Project in Washington on behalf of four inmates seeking
relief for all Unit 32 inmates.
Davis also last week closed a prior lawsuit filed in 2002 seeking relief
just for death-row inmates housed in Unit 32-C.
Attorney Margaret Winters of the National Prisons Project said Wednesday
the consent decree was the best possible solution of the case.
"We would rather have the consent decree than to have to go to trial,"
Winters said. "The state wants to work with us to bring about
constitutional guaranteed rights for inmates."
Inmates had complained about being subjected to excessive heat, human
excrement, biting insects and the ranting of psychotic prisoners.
Mississippi Department of Corrections Commissioner Chris Epps said his
department had no problem signing the consent decree because most of the
improvements already have been made.
"We want to treat all inmates properly, and we are not going to violate
anyone's constitutional rights," Epps said Wednesday.
Epps has estimated the cost of carrying out the improvements for all of
Unit 32 at about $800,000.
Unit 32 consists of 1,000 inmates housed in 5 separate buildings.
Winters said the state is making progress but there are still improvements
that need to be made.
One thing Epps said has yet to be carried out is providing adequate mental
health care. He said people are being trained now.
One Unit 32 inmate complained in court papers about no mental relief.
"I'm not being allowed any kind of mental relief; these cells are starting
to appear to be closing in on me periodically," said inmate Lonnie Banks,
44, serving a 38-year sentence for armed robbery from Lincoln County.
Under the consent decree, the ACLU will monitor conditions at the
penitentiary.
Epps said some of the cost as a result of the lawsuit will come out of the
inmate welfare fund instead of from taxpayers. The inmate fund includes
money gathered for inmate telephone calls.
Epps said the settlement also will avoid expensive attorney fees. No
figure was available Wednesday on the amount of attorney fees paid out in
the case.
Winters said the agreed order will go beyond improvements ordered in the
2002 lawsuit that dealt strictly with death-row inmates.
PRISON DECREE
Among the improvements outlined in the consent decree, the prison must:
- Provide all prisoners assigned to Unit 32, and not sentenced to death,
with prior notice of factual basis for the assignment to the unit, a
hearing, an opportunity to appeal, and at least a semi-annual review with
the same rights of notice, opportunity to be heard, and appeal.
- Formulate and implement a plan whereby all prisoners who are assigned to
Unit 32 and not sentenced to death may, through good behavior and a
step-down system, earn their way to less restrictive housing.
- Implement an effective mosquito eradication and pest control program.
- Eradicate the problem of "ping-pong" toilets in every cell. That is when
one toilet flushes in one cell and then backs up in a toilet an another
cell.
- Make sure that the medical services provider delivers adequate medical
care for serious health needs.
- Provide adequate mental health care.
- Provide housing for prisoners with psychosis and severe mental health
illnesses separate and apart from all other prisoners that is appropriate
in light of their special needs.
- Prevent excessive risk to prisoners of staph infection.
- Ensure that food trays are properly cleaned and sanitized prior to food
service, that food portions are adequate, and that food is served as
appropriate and safe temperatures
- Allow prisoners out-of-cell exercise and complete new exercise pens no
later than July 1.
(source: The Clarion Ledger)
privileges of showers, ice, exercise outside cells
A consent decree signed by the state will allow inmates in the maximum
security Unit 32 at the Mississippi State Penitentiary to shower 6 days a
week, receive a 32-ounce cup of ice three times a day during the summer
and exercise outside of their cells.
U.S. Magistrate Judge Jerry A. Davis recently agreed to the settlement in
a 2005 federal lawsuit filed by the American Civil Liberties Union's
National Prisons Project in Washington on behalf of four inmates seeking
relief for all Unit 32 inmates.
Davis also last week closed a prior lawsuit filed in 2002 seeking relief
just for death-row inmates housed in Unit 32-C.
Attorney Margaret Winters of the National Prisons Project said Wednesday
the consent decree was the best possible solution of the case.
"We would rather have the consent decree than to have to go to trial,"
Winters said. "The state wants to work with us to bring about
constitutional guaranteed rights for inmates."
Inmates had complained about being subjected to excessive heat, human
excrement, biting insects and the ranting of psychotic prisoners.
Mississippi Department of Corrections Commissioner Chris Epps said his
department had no problem signing the consent decree because most of the
improvements already have been made.
"We want to treat all inmates properly, and we are not going to violate
anyone's constitutional rights," Epps said Wednesday.
Epps has estimated the cost of carrying out the improvements for all of
Unit 32 at about $800,000.
Unit 32 consists of 1,000 inmates housed in 5 separate buildings.
Winters said the state is making progress but there are still improvements
that need to be made.
One thing Epps said has yet to be carried out is providing adequate mental
health care. He said people are being trained now.
One Unit 32 inmate complained in court papers about no mental relief.
"I'm not being allowed any kind of mental relief; these cells are starting
to appear to be closing in on me periodically," said inmate Lonnie Banks,
44, serving a 38-year sentence for armed robbery from Lincoln County.
Under the consent decree, the ACLU will monitor conditions at the
penitentiary.
Epps said some of the cost as a result of the lawsuit will come out of the
inmate welfare fund instead of from taxpayers. The inmate fund includes
money gathered for inmate telephone calls.
Epps said the settlement also will avoid expensive attorney fees. No
figure was available Wednesday on the amount of attorney fees paid out in
the case.
Winters said the agreed order will go beyond improvements ordered in the
2002 lawsuit that dealt strictly with death-row inmates.
PRISON DECREE
Among the improvements outlined in the consent decree, the prison must:
- Provide all prisoners assigned to Unit 32, and not sentenced to death,
with prior notice of factual basis for the assignment to the unit, a
hearing, an opportunity to appeal, and at least a semi-annual review with
the same rights of notice, opportunity to be heard, and appeal.
- Formulate and implement a plan whereby all prisoners who are assigned to
Unit 32 and not sentenced to death may, through good behavior and a
step-down system, earn their way to less restrictive housing.
- Implement an effective mosquito eradication and pest control program.
- Eradicate the problem of "ping-pong" toilets in every cell. That is when
one toilet flushes in one cell and then backs up in a toilet an another
cell.
- Make sure that the medical services provider delivers adequate medical
care for serious health needs.
- Provide adequate mental health care.
- Provide housing for prisoners with psychosis and severe mental health
illnesses separate and apart from all other prisoners that is appropriate
in light of their special needs.
- Prevent excessive risk to prisoners of staph infection.
- Ensure that food trays are properly cleaned and sanitized prior to food
service, that food portions are adequate, and that food is served as
appropriate and safe temperatures
- Allow prisoners out-of-cell exercise and complete new exercise pens no
later than July 1.
(source: The Clarion Ledger)