(The Center Square) – The Eighth Amendment to the U.S. Constitution prohibits “cruel and unusual punishment” from being inflicted on prisoners.
For many, that definition would logically include acknowledging and treating any medical conditions diagnosed before or during a person’s engagement with the criminal justice system.
Tuesday, Rep. Emily Kinkead, D-Bellevue, reintroduced a bill that would make that explicit in Pennsylvania state law. A lawyer herself, Kinkead has spent much of her six years in the legislature advocating for criminal justice reform.
“In Pennsylvania, every incarcerated individual has the right to health care, including access to health care professionals and medical services such as diagnosis, evaluation and treatment,” wrote Kinkead. “Part of ensuring the proper and holistic care for incarcerated individuals is ensuring that any medical diagnosis made for individuals prior to their incarceration is recognized throughout their involvement in the criminal justice system.”
The bill creates an exception for instances in which either the diagnosing physician or another outside the Department of Corrections submits written confirmation that the diagnosis can be removed.
The state has seen its share of complaints from inmates who say they have been denied proper medical care. One lawsuit in which an inmate was denied cataract surgery led to a shift away from an unofficial “one good eye” policy, which determined need based on whether a prisoner had sufficient visual acuity in one of their eyes.
In 2015, an inmate with Huntington’s Disease sued the Department of Corrections for failing to provide accommodations for his disabilities. The plaintiff, who could not speak, alleged that he was frequently left with no means of communication whatsoever when a tablet he used to type messages was taken from him or out of service.
Another inmate with significant disabilities from myasthenia gravis was initially given appropriate accommodations but said he lost them when he was moved to a restrictive housing facility. There, he claimed he was unable to shower for months.
The state has, however, made significant strides in offering more comprehensive care for inmates who come to them with disabilities including mental and behavioral health issues.
Efforts to screen prisoners for autism have enabled the agency to provide specialized care and programming for those who might find particular struggle with the challenging prison environment.
SCI Albion is home to the Neurodevelopmental Residential Treatment Unit where inmates are able to focus on social skills and working with intellectual disabilities. The system has a 50:1 ratio of inmates to mental health staff.
“Right now we have about 49 individuals diagnosed with autism on that unit and about 19 with intellectual disability,” said Department of Corrections Secretary Dr. Laurel Harry. “It’s been a wonderful addition to our overall mental health services.”
