ACLU Calls On Federal Judge To Levy Sanctions Against Virgin Islands Officials For Failing To Improve Jail Conditions (5/28/2009)
Orders For Improvement Have Gone Unheeded For 13 Years
FOR IMMEDIATE RELEASE CONTACT: (212) 549-2666; media@aclu.org
ST. THOMAS, VI – The American Civil Liberties Union today will ask a federal
judge to enact additional sanctions against top government officials in the
Virgin Islands for failing to improve the conditions at the Virgin Islands
Criminal Justice Complex (CJC), despite standing court orders.
During court hearings beginning today and continuing next Tuesday, June 2,
Eric Balaban, a senior staff attorney with the ACLU National Prison Project,
will address reports compiled by corrections and psychiatric experts that reveal
prisoners have been beaten by corrections officers, that contraband – including
weapons, phones and drugs – are readily available throughout the jail and that
seriously mentally ill prisoners are left essentially untreated.
"The continued lack of commitment by officials in the Virgin Islands to
improving the conditions in the jail is unconscionable," Balaban said. "The
total lack of control and care inside of the CJC creates an environment where
violence and disciplinary incidents are inevitable, and where the lives and
safety of prisoners and staff are at risk."
During the two days of hearings, corrections expert Steve Martin and
psychiatric expert Jeffrey Metzner, M.D., will testify about their findings from
recent expert tours of CJC. Among other things, Martin is expected to testify
that the jail does not maintain adequate or sufficiently trained staff to carry
out basic security functions, the jail's security systems do not work and jail
officials do not investigate alleged incidents of excessive force and discipline
staff when appropriate. Prisoners are also denied the most basic right of due
process, because the jail does not have a reliable disciplinary system.
According to the report by Metzner – a mental health expert who has been
monitoring the mental health services at CJC for more than four years – the jail
does not provide mental health treatment or housing for mentally ill prisoners,
who are disciplined rather than treated for behaviors that are likely a product
of their mental illness.
Dr. Metzner is also expected to testify about the plight of Jonathan Ramos, a
seriously mentally ill prisoner who was kept on constant lock down at the jail
for four years despite a court order that he be moved to a stateside psychiatric
hospital for treatment. Mr. Ramos was moved to a Florida facility early last
year, but then Virgin Islands government officials simply lost track of him. He
was eventually found sleeping in a public park by Miami police, unable to speak
and actively psychotic.
"Immediate intervention is essential to ensure that prisoners are getting the
mental and medical health care that they are constitutionally entitled to," said
Benjamin Currence, co-counsel in the case. "The failure of the government to
respond to court orders mandating that effective care be provided continues to
jeopardize the lives of prisoners."
Prison officials in the Virgin Islands have ignored for more than 13 years
repeated orders by federal judge Stanley Brotman to make specific improvements
in virtually every aspect of operations and conditions at the CJC and the CJC
Annex. The Virgin Islands government has been held in contempt four times during
that time and is currently operating under two separate contempt sanctions.
In the most recent contempt decision issued in February 2007, Brotman found
there was no mental health care system at the CJC, that leadership within the
Bureau of Corrections and Department of Justice had repeatedly flouted court
deadlines and broken promises to improve health care services and that seriously
ill prisoners had languished at the jail essentially untreated as a result.
A copy of Metzner's report is available online at: www.aclu.org/prison/conditions/39681lgl20090320.html
A copy of Martin's report is available online at: www.aclu.org/prison/conditions/39680lgl20090323.html
Additional information about the ACLU National Prison Project is available
online at: www.aclu.org/prison
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