When I describe my interest in medicine/public health, I make a point to emphasize how this goes beyond my scientific curiosity and into my passion for people, particularly marginalized communities. Intersectionalities such as the crib to prison pipeline/ books v. bars have been supported with substantial evidence. Fortunately, there is an emerging interest in health beyond the medical community and an greater acceptance that health is everything: environment, history, education, political disenfranchisement, discriminatory practices, among others.

The underrepresentation in higher education and overrepresentation in the prison-industrial complex share a similar demographic to those who face a disproportionate burden of disease: low-income populations and people of color. Prisons are not just "correctional facilities," but may actually contribute to greater health challenges of the prisoners they house.

 The following article discusses this dilemma in California, home of the Three Strikes Law (yes, the Golden State has its grey moments, too).

Tuesday, November 18, 2008

Judges Set To Rule on Cause of Substandard Prison Health Care

A three-judge panel is set to meet today to determine whether overcrowding is the main cause of poor medical and mental health care in California's prison system, the Sacramento Bee reports.

Two class-action lawsuits filed on behalf of prison inmates allege that physicians, nurses and technicians are overwhelmed by the number of prisoners and are unable to provide timely and effective medical care.

The inmates' attorneys plan to ask for an order to reduce California's prison population from 160,000 to 110,000. The cut would bring the state's prison population to about 130% of capacity, compared with the 200% currently.

State's Defense

The state rejects the idea that overcrowding is the main cause of substandard medical care.

In a trial brief, lawyers for the state argue that evidence will show that the plaintiffs' claim is false and that the "plaintiffs cannot meet the strict legal standards ... required for this three-judge panel to impose a prisoner release order."

The defense lawyers argue that the best way to address the alleged constitutional violations is through the continued efforts by court-appointed prison health care receiver J. Clark Kelso and the California Department of Corrections and Rehabilitations (Walsh, Sacramento Bee, 11/18).

U.S. District Judge Thelton Henderson removed the prison medical system from state control more than two years ago after concluding that health care did not meet constitutional standards (California Healthline, 11/12).

Court Action

By Dec. 19, the judges will rule on whether overcrowding is the main cause of substandard prison medical care.

If the judges side with the plaintiffs, the trial will move to a remedy phase sometime next year. The three-judge panel then would be tasked with deciding whether to impose a prisoner release order (Sacramento Bee, 11/18).