Feds, Wayne County reach 'landmark' settlement about jail inmates with disabilities

Federal prosecutors in Detroit announced Monday they have reached what they are calling a "landmark" settlement with Wayne County regarding improving conditions for jail inmates with disabilities and several related reforms coming to the lockup.

The agreement, which includes monitoring, will be in place for three years unless the county demonstrates "durable compliance," according to the U.S. Attorney's Office for the Eastern District of Michigan. Durable compliance, per the agreement, includes a demonstration of sustained compliance over a continuous 12-month period.

The office opened an investigation into the jail several years ago after receiving numerous complaints that the county routinely failed to provide crucial services to inmates with disabilities. Services included access to appropriate prescription medication, mental health and medical equipment, according to a release from the office.

It states some complaints alleged a failure to conduct medical and mental health assessments. Eight inmates committed suicide during a 14-month period during 2016 and 2017, federal prosecutors learned.

The investigation substantiated several of the complaints and brought additional concerns regarding services, programs and activities at the lockup.

"Wayne County has a long and troubled history of providing inadequate services to inmates who have disabilities," U.S. Attorney Dawn Ison stated in the release. "We recognize that Wayne County is transitioning inmates into a new facility . However, a new building does not ensure access to those vital services. This agreement addresses systemic issues that have prevented inmates who have disabilities from equal access to services, programs, and activities while at the Wayne County Jail."

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The county has fully cooperated with the investigation, Ison stated, and the settlement agreement demonstrates a shared commitment to improving services for jail inmates with disabilities. The agreement was signed last week by attorneys for both governments.

On Tuesday, Wayne County Corporation Counsel released a statement:

"The health, safety, and welfare of all inmates in Wayne County's custody is our top priority. Since the inception of the Department of Justice investigation in 2018, Wayne County has cooperated and worked collaboratively with the DOJ to put into place policies that ensure the highest standards of medical care to inmates are being met. Many of these polices have been implemented over the last several years and culminated into the agreement with the DOJ. This agreement is a testament to the County's commitment to providing quality medical care to inmates. We look forward to continuing to work collaboratively with the DOJ and demonstrating our commitment by exceeding the standards that have been set in this agreement."

Here's what federal prosecutors and the agreement state the county will be required to implement, among other things:

• Procedures to identify inmates with disabilities when they arrive at the jail and programs that will allow each inmate access to services no matter where they are assigned within the facility. Per the agreement, the county is to ensure an intake screening, to identify medical and substance abuse histories and pregnancy, occurs with a registered nurse or medical provider within 24 hours of admission that is documented and available to medical staff in each inmate's file as soon as possible.
• Access to physical health, mental health and dental services for all inmates with disabilities, including programs such as detoxication and treatment for opioid use disorder. There is to be a a sick call process, including assessments in a medically-equipped and supplied examination room, and referrals for follow-up, as well as specialty health care programs for chronic conditions such as HIV, hypertension, diabetes, asthma and elevated blood lipids, per the agreement.
• Programs to ensure the appropriate administration of medication to inmates with disabilities, including medication administration to patients who are off their housing units or at court during the nurse's scheduled medication rounds. The county also is to ensure inmates with disabilities with current medication orders from other correctional facilities receive their medication without disruption.
• Mental health services, programs and activities will be available to inmates with serious mental illness, including screening and assessment; individualized treatment plans; regular and consistent therapy and counseling, as appropriate, and suicide and crisis watch. The county is to conduct a mental health staffing analysis to ensure adequate staffing of its services, programming and activities within three months of the effective date, per the agreement. Staffing must be adjusted within six months of the effective date.
• Robust revisions to the suicide prevention program, including all inmates on special management status are to be observed by correctional officers in at least 30-minute intervals, and modifications to the design and construction, if necessary, of cells used to house inmates on suicide precautions to ensure they are "suicide-resistant." Until the modifications are complete, the agreement states, the county is to have psychiatric attendants/watchers to sit directly outside of the cells of inmates on constant watch. It also is to review all deaths, including suicides, and a committee is to conduct the reviews.
• A grievance program for resolution of complaints

The county will have to provide compliance reports to the federal prosecutors and retain at least one expert consultant to help implement the terms of the agreement. The county has to bear the costs and expenses of retaining and using the expert consultant(s) and compensate the person or persons "without regard to the views expressed in their reports," according to the 23-page agreement.

It states the county is to retain the expert consultant(s) within six months of the effective date, with the person(s) having expertise in correctional health care, correctional mental health care and suicide prevention in the correctional context, subject to approval by the U.S. Each expert is to provide at least two written reports in their area of expertise during the term of the agreement.

The county also is to provide prior notice to the U.S. of the reviews and on-site visits by the consultant(s) and allow U.S. representatives to be present, it states. The county also will have to do monthly reviews that contain nearly 20 points of data outlined in the agreement, with the reports forwarded to the consultant(s).

The agreement is effective Sept. 15. It could be extended or ended early, but it will not be terminated prior to two years from the effective date, it states.

The county and any entity contracted to perform health care, mental health care or dental services to those housed in the jail are to adopt and implement any new or modified policies, practices and procedures for portions of the agreement within 30 days of the effective date.

They will have six months to implement any new or modified policies, practices and procedures to comply with the remainder of the agreement. There also is a timeline for staff training that may be needed; and the county has to maintain attendance logs with the date of training and sign-in sheets with attendees' names and job titles.

The investigation was led by assistant U.S. attorneys of the Civil Rights Unit. For more information, including a copy of the agreement, go to www.justice.gov/usao-edmi/programs/civil-rights .

Contact Christina Hall: chall@freepress.com. Follow her on X, formerly Twitter: @challreporter.

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This article originally appeared on Detroit Free Press: Feds, Wayne County reach 'landmark' settlement about jail inmates with disabilities