Up to 20 seriously mentally ill inmates are living in “inhumane” conditions that violate human rights because the state’s only mental health hospital for inmates is permanently full, advocates say.
Key points:
- Mental health advocate Sheila Rajan says the system is failing some of the most seriously ill patients.
- A Frankland Center staff member says one of the beds was empty last week due to staffing shortages.
- WA Health says there are currently only five people on the waiting list
Frankland Center is a 30-bed forensic hospital on the Graylands campus, providing inpatient mental health care to remand and sentenced inmates.
But even as demand soars, one of its beds has been empty, while department data shows others are filled with people who haven’t actually been convicted of crimes but are in custody under a controversial WA law which allows an indefinite definition.
Mental health advocate Sheila Rajan, who sees inmates when they arrive at the frankland Center, she said she felt angry that the system had failed them.
“… We have not done the right thing for people who have a disease that needs treatment,” he said.
A staff member at the facility, who asked to remain anonymous to protect his job, said one of the 30 beds was empty last week because there weren’t enough staff to safely care for another acute patient.
“It’s heartbreaking,” the worker said.
“You hear news about suicides in prison and people not getting proper care – that’s going to cause them more trauma while they’re waiting for a bed.
“I am concerned for the people who are waiting, and possibly in solitary confinement.”
The waiting list is not that long, says the government
WA Health said the bed was not empty due to staffing shortages but “for the safety, well-being and clinical needs of consumers and staff and due to an admission earlier in the week.”
He said there were currently five people on the waiting list, but advocates say it fluctuated to numbers as high as 20 on any particular day.
WA Custodial Services Inspector Eamon Ryan said there was an average waiting list of between 10 and 15 so far in 2022.
He said prisoners needing long-term hospital treatment were increasingly being taken to emergency rooms because there were no available beds at the Frankland Center.
“They are seen, stabilized for a period of 12 to 24 hours and then returned to the prison in the same environment,” Ryan said.
“It’s a Band-Aid.”
Some isolated prisoners
He said patients who would normally be transferred to the Frankland Center were experiencing serious mental health conditions, including extreme psychosis.
Ryan said that, in prison, they were often isolated under observation in cells where they could not harm themselves.
He said most of his care was provided by custodial officers who were not trained as mental health workers.
“Essentially, your job is to keep them alive,” Ryan said.
“It’s just a fundamental violation of human rights. It’s inhumane.”
Mr. Ryan said that although there were 29 dedicated mental health beds in Bandyup women’s prisons and a new 34-bed facility being built in Casuarina, they were not equipped to provide adequate treatment in the most serious cases, which were classified as “P1”. .
The Justice Department said the most acute patients needed to be referred to the Frankland Center, sometimes for involuntary treatment, which the department was not legally authorized to provide.
“When there are no beds available at the Frankland Center, a patient may be transferred to the emergency department of a tertiary hospital as a short-term solution,” a department spokesman said.
For those who had to remain in prison because the center was full, the spokesman said special care was taken to ensure the safety of people who were considered a danger to themselves or others.
He said mental health nursing is provided seven days a week, with staff assessing, treating and caring for patients in specialized units.
“Vulnerable prisoners remain under observation with access to health personnel at all times,” the spokesman said.
Controversial law creates bottleneck
In the past four years, an increasing number of beds at the Frankland Center have been filled by people detained under the Mentally Handicapped Defendants Act.
The law allows for the indefinite detention of persons charged with, but not convicted of, crimes but who remain in custody because they were unable to stand trial or be held criminally responsible.
Unlike people serving jail sentences who could receive temporary treatment at the center, patients with custody orders could stay there indefinitely until a board decides they are fit to stand trial or live in the community.
“The laws govern how long they need to be there,” said Ms Rajan.
“They have mental illnesses that require treatment. They must be in a hospital. They shouldn’t be in a prison, so it’s absolutely appropriate that they be referred.
“The problem is that we don’t have enough beds.”
In June, there were 28 beds occupied by patients with custody orders, more than triple the number in 2017, reducing inmate access to the jail.
When a bed became available, he said his mental illness had often been intensified by the trauma.
Ms. Rajan said that to make room, patients were sometimes released from the Frankland Center before they were well enough.
The number of prisoners in WA has tripled since the Mount Claremont facility opened in 1994.
Ms. Rajan said that such a disparity between services and demands would not occur for patients with physical ailments.
“If you had someone with diabetes and you weren’t treating them…you would be neglectful,” Ms. Rajan said.
Plans for the expansion of Graylands
She said people could not be “forced” into treatment if they were in prison, so some inmates who would otherwise be deemed unfit to make that choice remained without treatment.
The creation of more prisoner beds is being considered as part of the Graylands Reconfiguration and Forensic Task Force, but those close to the project say construction is years away.
WA Health said it was a “long-term project that would provide significant benefits to the WA community.”
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