View Full Version : Please Help! Rights of mentally Ill in Jail???


Beth2
04-19-2004, 08:24 AM
Hello,
I have a son who has severe bi-polar disorder. Unfortunately, off medication he experiences audio hallucinations and can at times react violently. My son was arrested for felony possession of stolen property. He was arrested with another young man who my son claims he let stay the night at his apartment. This other young man brought several duffle bags with him and inside were stolen tools. My son claims he was not the possessor of this property but because it was his apartment he was arrested too. He was already on probation at the time. My son also has a substance abuse problem in addition to his mental health problems. When arrested the police allowed him to bring his medication with him to the jail. My son would not make a statement nor admit any guilt for the possession of the tools. This is the background to his story.

The first few days he was in jail they did not give him any medication. I called down and the nurse said the dates on the bottles were not current. I brought down brand new medication and was promised he would recieve it. I saw my son at visiting five days later and he was very manic so I asked if he was getting his meds. He said they would only give him his anti-depressant, half of his anti-psychotics and none of his mood sabilizers. They told him he had to wait to see the Psychiatrist who only contacts inmates every one to two weeks.

I called down to the jail and they would not give me any information stating they could not discusss my son's medications with me because he is 18 and it is a private matter. I asked if the nurse had the authority to alter his meds because as she was not a doctor I did not see how she could legally alter his medications without him first seeing a doctor. I was transferred several times and was treated very rudely. They would not even tell me the name of the Jail psychiatrist. They then assured me that my son would recieve full medications.

The following week I went down and was told my son had been placed in isolation and had lost all visits for six weeks. They would not tell me why. I had no contact with him for a month.

Yesterday I saw him for the first time in six weeks. He told that after I had seen him they gave him an appt. with the P-doc (psychiatrist) the following day. The doctor removed him from ALL medications. (Now this P-doc had seen him on a previous incarceration in juvenile hall a couple of months ago and had done the same thing. when this was done in juvenile hall he experienced hallucinations and became violent and that doctor finally put him back on his meds. On medication my son is a sweetheart and quickly became a favorite. The staff would constantly comment to me about how night and day he was on and off medications.)

He said that he had gotten into a fight six days later (no meds for a week) and then was placed in isolation. He is allowed out of his cell 45 min. per day. Now he is facing charges for this assault as well as his other charges.

He said that once he got to isolation the P-doc placed him on Thorazine but would not prescribe his original medication. He said the Thorazine made his face and body twitch uncontrollably and he drooled. He told the doctor about it and the P-doc told him "too bad that is all you are getting" My son refused to take the Thorazine. He then said that he was awake for ten days straight because he was in a manic state. He has been back to the P-doc and has now been prescribed "sleeping pills". He does not know what the medication is but said he is now greatful to be able to sleep.

My observations of him yesterday was that he was not in a stabilized mental state. His face is also peeling in several areas. He says they are thinking about putting in back into gen. pop. and I am concerned because I know that with no medications he is going to have problems and perhaps face MORE charges as a result.

The reputation of this doctor is well known in my county. He has a well documented history of believing in what he calls "medication vacations" for prisoners. I know of one woman whose husband experienced seizures while incarcerated because they would not give him his seizure medication.

My questions are:
How can they pull the antipsychotics and then charge the mentally ill when they act psychotic as a result?

Is it legal for them not to give me the name of the doctor?

What are my sons rights or how can I find out the rights of the mentally ill while incarcerated? (California)

How can I advocate for him when they say they do not have to give me any information because he is 18? He is not capable of advocating for himself.

I am angry and this seems like malpractice to me. I do not feel that a doctor would get away with such behavior in the private sector. It seems as if he is acting with impunity and they are then able to deny information and even contact so that you can't find out what is even going on.

I know my son is in a county Jail but he could be transferred to a prison so I hope you can respond to me anyway as I am desperate. The situation here concerns more than just my son. It concerns all of the mentally ill that are incarcerated in my county.

Thank-you, Beth

Cameo
04-19-2004, 02:44 PM
Beth, I saw you had posted in the emergency forum and I will try and do some research and I'll be back tomorrow with some answers and/or point you in the right direction.

Hopefully someone else will also be along with some information!

Hang in there!

Pam

(PS...trying doing a search here at PTO on 'bi-polar' and see what you can come up with.)

Kyla
04-19-2004, 03:30 PM
Beth (((hugs)))
I went through the same thing with my husband, only difference is he suffers schizophrenia.

They wouldnt give him the medications he needed, but they did the same, gave him a sleeping pill (which can make them hullicinate worse). I couldnt understand that. I was on the phone everyday to the prison, forensic mental health, and everyone I could think of, just to hit a brick wall. I totally understand your frustrations, Ive been there to.

I ended up getting him to sign a freedom of information on medical records to me, and he gave me Power of Attorney. I then got all the information, and took it to my local doctor. I also contacted my member of parliament (senate there right) and the opposition member, and members higher up. I called the media, everyone I could think of.

They finally gave him some medication, but after a few weeks, they decided it was contraband :confused: even though they crushed it up and made him take it in front of them.

I can say its a long fight with any mental health system in the prison sytem. Most of the charges bought on with people with a mental illness have been from that illness. Its also common for people that suffer to use illegal drugs, it gives them that "normal" feeling, that masks the symptoms.

If you ever want to talk, PM me anytime. We are in this struggle together.

samiam158
04-19-2004, 03:46 PM
this makes me so mad...i have no real answers for you... my son is bi-polar too...i finally wound up calling the generral attorney's office in the state that he was incarcerated in..and some nice attorney called the jail..he called me back and said he really couldn't do anything..but guess what??? the next day my son was on his meds...
SQUEAKY WHEEL GETS THE GREASE...
my son was place in suicide watch...basically isolation...he was not suicidal..he only wanted his meds..thank god he is now in a medical facility for evaluation......maybe this time???
good luck to you
keep strong and keep trying

Beth2
04-19-2004, 04:54 PM
Thank you all so much for your support. I just wanted to cry when I read your posts because I know I am not alone. I will not hesitate to contact whoever I need to but I was just unsure who I was supposed to call. My son told me there was a young man in the isolation cell next to his who keeps being placed in isolation because he is suicidal and he is not getting ANY medication either. My son says they talk through a grate and he tries to tell the kid to hang in there that they can't keep them there forever. It is sad though because my son says no one has been to visit that boy in the last six weeks. I keep thinking what about those men who don't even have someone on the outside to advocate for them?

Oh yeah...I forgot to mention that my son who was admant he was innocent plead guilty to the charges after three weeks in isolation and no meds.

Thanks again I'll be checking back for updates!

Kyla
04-19-2004, 05:17 PM
Beth
They tried that plead guilty tactic on my husband a few weeks ago. He gets nervous before court (I ended up going to supreme court and getting my husband out on bond, and into a mental health facility). Anyway, he took off the night before, no meds.

Well when the attorneys were talking with him they wouldnt let me in. I called him on his cell phone, when he was talking with the DA, and his attorney, and he goes, Im going back to jail today, and accepting there offer. I said no way, and raced down the courthouse, and when it came up for arraignment, had it adjourned stating we are getting more psychiatric reports.

We have been through 3 sets of barristers (Public defenders) since this started, 12 months ago, because of his paranoia. I believe they take advantage of them, cause they are like little scared kids, without there medication, and being intimidated. Is there a forensic mental health facility in your area? Your son doesnt belong in general population without any medications. That just tears me up inside, what you wrote about him and the other guy. I really feel what you are going through.

irisheyes66
04-19-2004, 06:15 PM
Hi, Beth2, and welcome to PTO...you are not alone in your struggle any longer. My name is Susan, and I am the Moderator of this forum. It would seem there are many parallels in our situations, with the exception that my loved one on the inside is my sweetheart, not my son.

First off, I don't know much about the county systems, but I would venture a guess that the Mental Health services are extremely limited at that level. I'm hoping someone here can provide more details about that end of the corrections chain...I have only known my man in a state facility, but I learned the prison's rules quickly. When your son is transferred to a state prison, he will be assigned a primary counselor (in Kansas, it's known as the Unit Team...not sure of the term in Cali). This person will be responsible for your son's medical treatments, including psychiatric care and medications. Get familiar with that person as soon as possible, and open up a dialogue about your son's medical history. Let your voice be heard, and be sure the staff knows you are "watching". It's been my experience that being involved deters at least some of the "pass-the-buck" attitude, but I won't lie--it does take persistence on our part. Sometimes the lack of effort/response from the prison staff has pushed me over the edge...be prepared to make a lot of phone calls to the same people, over and over, until you get satisfaction.

Because your son is 18, the jail does have the right to refuse to release his information, unfortunately, due to the Privacy Act. Two ways around this: 1) Have your son sign medical release forms, stating that you are to be kept informed as to his mental/physical health at all times. This doesn't mean the jail will call you, it means when you call there, they will have to tell you exactly what's going on. Every correctional facility, from a halfway house to the tightest SuperMax dungeon, has these forms. Your son has to file another form to request them, and they stay in his chrono file for at least 90 days (some states require periodic updates, so keep that in mind). 2) File for Power of Attorney, which will give you full legal rights to your son's files, medical care, legal decisions, etc., regardless of his age (takes longer to obtain, but much more efficient in the long run).

Never take for granted that if a staff member tells you they will do something, then it will happen. I will double-and triple-check with my guy and other staff before I am satisfied, whenever there is an "issue" that needs attention. At the state level, the inmate-to-staff ration is even higher (thus the wheels grind even slower), so it wouldn't hurt to get used to being firm in your requests at the county level.

It's not unusual for inmates with Mental Health/addiction history to be given "medication vacations" at most facilities....rehabilitation is a concept of the past, for the most part. Today's prisons are often all about population management, and the quieter a prisoner is, the less trouble he'll be. It's horrific that this approach is so common in our society's "enlightened" age....hopefully things will turn around some day. My guy was just released from segregation after serving two years in complete solitude, 23 hours a day. Many times, he would just skip the hour of yard time, because he didn't even want to go outside anymore...never underestimate the negative effect of total isolation on a human being. Like your son, he is bi-polar...and yes, the difference between him on meds and off is like night and day as well.

The doctor who said, "Too bad, that's all you're getting" should be reported immediately to the warden, and the CA Secretary of Corrections, if need be. That attitude is not only unprofessional, it's downright dangerous. As for the meds, I don't rely on the Kansas DOC to warn my man of potential side effects...I look everything up on the 'Net, and send it to him myself. When you have access to your son's information, keep a record of his meds and doses...and you obviously know the warning signs to watch for (I've heard of the facial peeling before, too).

You are right in feeling that your son should be stabilized before returning to general population...to do so before that point would only add new problems. Be sure the counselors and the warden know your views on this. A doctor in the private sector would never get away with such shoddy treatment of patients...it's true. But the correctional system is a whole other world, one that is unfair a good deal of the time.

I'd love it if you could PM me....I think we'll have lots to talk about. And be sure to fully explore the California Forums; we have a wonderfully fierce contingent from your state!

I'm so glad you found us!

ldysirois
04-19-2004, 08:33 PM
My son also has a mental disab. here in oklahoma, what I did was I went and got a release from his doctors office and mailed to him had him sign it mail it back to me to get his records and them I got copies of everything and took to the jail made them copy them and get them placed in his file and then called ADA and had them climb all over the jail and GUESS WhAt my son got just what he needed and no other charges were EVER filed. This is a battle but be frim and push they will listen if you start saying LAWSUIT IN PROGESS <smile>

Kyla
04-20-2004, 05:45 AM
Beth
What I did to, is went and bought a carbon book. When I made calls, or got calls, I wrote down the time of the call, who I was speaking to, and what the call was about. I have duplicate copies of all of these. A community mental health advocate suggested this. Keep your own notes in a diary. You would be surprised how many times you get the "I didnt say that". I used to go, yes you did, and such and such a date, at this time, I spoke to you, and you said.........
Its really good to keep records for your fight with mental health. It did work for me, cause I had everything documented, and it was easy to go back and know where I was up to.
It also helped me as well, cause writing it all down made me feel alot better, after talking to these people. (even the negative ones)
I totally agree with what Susan said, this psychiatrist needs to be reported.

ldysirois
04-20-2004, 10:12 AM
Beth 2 try this number for the ADA 1-800-466-4232 this is to be a hotline!!

MyRainbow
04-21-2004, 10:09 AM
When my hubby was in county jail, he received a head injury by another inmate. The head injury resulted in some memory loss. A complaint was filed by my hubby, but nothing was done about it. The county jail doctor , in my opinion, is arrogant, and completely disregards the medical needs of inmates. My hubby has a back injury and in constant pain 24/7. He was denied pain medications, as well as his back brace and walking cane. The county jail doctor even went so far as to say my hubby was "delusional". He even called me "that dingy wife" because I dared to question why he was denied his pain meds. (!!)Also, while at county jail, the doctor suddenly switched his heart medication, Lisinopril, to Avepro, which is much cheaper.
Now, my hubby is at FMC Butner. The good news is he has use of a back brace and walking cane, and his high blood pressure is under control now that he's back on Lisinopril, but the bad news is that they want to "medicate" him, as in doping him up.
--this is our fear!
I wish there was something I could do, but I've heard that if an inmate refuses to be medicated, it is the inmate who suffers the consequences!
My husband told me the other day, he said "hello" to an inmate while in passing,
and that inmate said "hello" to him in three different voices. !!!
My husband was under the impression that he was being sent to FMC Butner for
another evaluation, but instead, to his horror he is at a mental hospital.

I am getting frustrated and wonder if there is ANY hope to be had?

Beth2
04-21-2004, 10:46 AM
"delusional" huh.... after the treatment these doctor's give I think any normal human would become "delusional" in response to their insane behavior! I am so sorry to hear your husband's experience and I am even sadder to hear that this sort of treatment is not uncommon.

I have accessed a release of medical information but was wondering what kind of power of attorney I need? A medical? or the one that the bank gives out? or is there another kind all together?

Also a couple of you have mentioned to "em" you? I am pretty new to computers so I do not know what that means.

I am feeling calmer today. I think because I now have a purpose instead of having no idea what to do.

I get so tired sometimes. The struggle with getting treatment for my son has gone on so long. we live in a small county in Northern Ca. So he went undiagnosed for years. They kept labeling ADD and giving him medication for that and later when he landed in a mental hospital for seven months and was finally diagnosed bi-polar I was told that ADD meds make Bi polars go into extreme mania. I had been telling the doctors for years that those meds were making him worse and would get blamed for refusing to properly medicate my son. Plus...Massive problems with the schools and eventually the law that go with an undiagnosed untreated severe bi-polar.

I find myself depressed now that I know I have a whole new even more difficult system to work with. I feel like I have already been through so many battles I am "war weary". Now it seems the prison system is going to be the ultimate battle. Uh oh....I think I hear the violins cueing up and I can hear myself sliding into self pity so I think I'll just shut up for now.

Thanks again for all of your stories and support. I keep thinking about that quote that says: "never doubt that a small group of committed individuals can change the world". It seems that there are a lot of powerful individuals here and not to get all metaphysical but I often wonder why I have been given the experiences I have had unless it was because I am supposed to do something about it and someone up above has faith that I had the ability to do so.

MyRainbow
04-21-2004, 11:05 AM
I have POA for my hubby --financial, medical, etc.
Btw, forgot to mention my hubby was found Incompetent at his last Hearing, based
on an earlier evaluation from FCI Waseca. However, the Waseca report did say he
had improved..,but of course, the Courts don't "look" at that!
Beth2, go ahead and have a self pity party, why not?
We all need to have one now and again!!!!

irisheyes66
04-21-2004, 12:31 PM
Also a couple of you have mentioned to "em" you? I am pretty new to computers so I do not know what that means.

I find myself depressed now that I know I have a whole new even more difficult system to work with...it seems the prison system is going to be the ultimate battle.

Beth, at the top left corner of each post, you can click on the member's name, and a drop-down menu will appear...one of the options is "Send a Private Message". Click on that, and it will take you to your PM box. It's a great way to communicate with others, when the topic is something you're not ready to "put all the way out there" on the boards.

It's natural to feel overwhelmed in the struggle...we've all been there. But knowledge is power; this site is an incredible resource for information, as well as comfort. Take your time, gear up for the road ahead...and read, read, read. Don't worry about tossing a pity party, either; it's a right we reserve as the loved ones of those inside :D

Let me know if I can help in any way!

mkmdbm
04-30-2004, 04:23 AM
My son is in the prison system on a 120 day call back deal. If he does well, he is supposed to be released in 5 weeks. I wasn't planning on letting him come home at all, because he had been acting out and using alot of drugs before being incarcerated, but I have relented with strict rules.
However, yesterday (and this has happened before...) he confided in me reluctantly that he is having paranoid delusions...he is saying things to me like " I have been told that someone can spit in front of me, and an executive order will be passed down to have me killed..." I believe he is psychotic either from past drug use, or perhaps an undiagnosed mental problem. He begged me not to tell his P.O., and I do not know what to do.
If he comes home having thoughts like this, I fear he won't be productive and end up back in there anyway. He is in the general population , but he said if he files a form to seek mental health treatment, that he would be transfered to a mental health facility in the system, and he feels they are worse than where he is now, and he would extend his prison stay ..he thinks maybe as long as 6 months if he brings up this mental issue to someone.
Any suggestions?????????

pam mom
05-10-2004, 09:26 AM
you know i sit here & read theses post... my son is 27 yrs old.. in prison... has mental issues like reallyyyy bad,, i tried for so many years to get help for him but no-one would listen,, u name them ,, i talked to them or sent them letters ,, which most of never even replied back,, u see it was sexually abused for the first 11 yrs of his life,, ive been here on prison talk for awhile and never told that but you see im running out of options,, my child needs help not the stress of gangs in prison threatning him,,, i have posted before about this gang,, again called or wrote letters to every one i can think of but nothing! well i say nothing but yesterday i got a letter from him saying that a housing unit officer called him in his office & said to him "you should give up the idea of getting a job here,, as long as your mom keeps writing letters whining about your safety you will not even be considered for the lowest job,, grow up & be a man & take up for yourself,, if you want to be put in protective custody i will put you there but if you wont release names they will send you right back here,, well he gave names before & got attacked for it & they put im in isolation for it but not the "3" guys that put a lock in a sock & busted his head with it....back to the story the man then said or if you do give names then they will remove these people & put you right back here & you will be marked as a snitch ,, so tell me do u want in there or not" my son said "well no i dont not if you are going to make matters worse" so the officer said "then sign this paper saying you refuse the protection" well my son said he was afraid to sign this paper because he is always unsure of what might happen to him & he told the man that & the man said then " c'mon you going to protective custody" so he signed the damn paper & then the man told my son " now tell your mama nomore letters & no more emails" my son is afraid to go anywhere so as much as possible he stays in his cell because some gang has a something another on his head " my son explained it to me as people have promised to paywhomever does harm to my son,, my son has quit taking his medication because he says he doesnt feel like he could protect himself as well if hes medicated my son needs to be in a hospital he has lots & lots of issues to deal with #one being in my opinion the fact that he was sexually abused for 11 years by his own father whom i might add is still a free man why aint he in prison????

kevsravven
06-04-2004, 12:16 PM
My Fiencee Just got jammed in the hole for no cause for at least a week(yeah right). he is bipolar, they did find that out while he was inside. However, they are doing no med management(refusing to treat the bipolar instead insisting her is just psychotic), and now putting him in there..you can imagine. I wish there was something i could do. It should be illegal to stuff him in a box for nothing, aggrivate the BP(psycosis,anxiety,depression..ect) and not do something about it. when he tried to talk to teh counseler, she just told him he was psychotic and that was the end of it. UGHHHHHHHHHHH
frustrated in MD..wish i could at least get him transered from VA to MD, we are at leat a little better tahn where he is in Nottaway ATM.

sassysis
06-05-2004, 04:06 PM
I feel that people with severe mental health issues aren't really getting the help they need while incarcerated. Sometimes prison and jail conditions could actually make the illness worse. The main issue for these individuals should be proper treatment for their illness. This is something that needs to be taken very seriously. Many offenders with mental illness end up repeating their offenses or committing other offenses simply because they are not being treated properly. When our loved ones are incarcerated it seems like they are stripped of all of their rights. The jail and prison staff just think that they can get away with anything and treat inmates like garbage.

I remember when I was arrested. It was after dinner time. I suffer from bipolar disorder, depression, and migraine headaches. I was in a tiny holding cell with 18 people and 1 bench. The air conditioner was at full blast and freezing. 11 hours had past and I was starving and tired. I asked for an apple or at least some milk. I started to get a migraine and it was getting worst because I was hungry. The jail staff told me I could eat the paper in my hand unless I wanted the information that was on it. I became so weak that I almost past out on the floor. They think its funny. I can't wait for some of them to make a mistake and have to go to jail or prison. Now that would be funny...