After 11 years, hope for South Carolina’s mentally ill inmates

After 11 years of litigation, the S.C. Department of Corrections has agreed to make real changes in the treatment of inmates with serious mental illness. A settlement agreement between the agency and the class-action plaintiffs, Protection and Advocacy for People with Disabilities, could end the brutal treatment of an estimated 3,500 inmates with serious mental illness.

Negligent SC prison system agrees to reforms for the mentally ill

This is a long-needed agreement that has the potential to end a dark chapter in South Carolina history. Offenders with serious mental illnesses were subjected to abject brutality and neglect, much of which was captured on video that shocked the nation when shown in open court.

My organization brought the class-action lawsuit in 2005 after investigating numerous incidents of abuse and neglect. The case was tried for six weeks in 2012. In early 2014, Circuit Judge Michael Baxley issued a landmark ruling finding grossly unconstitutional treatment of inmates with serious mental illness.

“The evidence in this case has proved that inmates have died in the South Carolina Department of Corrections for lack of basic mental health care, and hundreds more remain substantially at risk for serious injury, mental decompensation and profound, permanent mental illness,” Judge Baxley wrote.

Judge Baxley’s ruling was a huge victory, but it didn’t resolve the problems. That depended on the Corrections Department making significant changes. Last week’s settlement resolves the lawsuit.

Judge finds SC prison system violates rights, threatens lives of mentally ill prisoners

It creates an independent process to monitor implementation of the plan that would transform the culture and performance of Corrections Department employees who deal with inmates with serious mental illnesses.

It establishes measurements that have strict timetables and will be supervised by independent national experts. The test for satisfaction of the standards is that the department would have to maintain compliance for at least two years.

The Corrections Department will have four years to implement the remedial guidelines.

Plaintiffs met with strong resistance from previous gubernatorial administrations. But after Gov. Nikki Haley appointed Bryan Stirling corrections director, the tone of negotiations changed. Even though our discussions were tough and the issues were complicated, Mr. Stirling recognized the need for a cultural change and demonstrated an attitude that was both open and constructive. A level of trust developed among the participants that allowed us to make progress. `

The governor and Mr. Stirling deserve much credit for the agreement; if fully implemented, it will comply with Judge Baxley’s order. The General Assembly also has supported funding to enable the Corrections Department to comply with the agreement.

This settlement agreement is historic. But it is only the first step. While the current governor and corrections leadership have demonstrated a commitment to reform, it will be up to the next governor to assure the four-year implementation of the remedial plan, and the General Assembly must continue to appropriate the funds.

Although we are extremely pleased that the case is on its way to resolution, we continue to regret that the state fought this case tooth and nail, wasting resources that could have been used to provide treatment for our clients.

This story was originally published June 5, 2016 at 6:00 PM with the headline "After 11 years, hope for South Carolina’s mentally ill inmates."