From Courthouse News Service
By Alan Riquelmy
The state of California faces some $94 million in sanctions after a federal judge on Friday found it had failed to meet court-ordered staffing requirements for mental health workers in prisons.
U.S. District Court Chief Judge Kimberly Mueller issued the tentative ruling, saying the defendants — who include Governor Gavin Newsom and Jeff Macomber, secretary of the California Department of Corrections and Rehabilitation — knew they faced millions of dollars in fines and still hadn’t met their obligations.
“Defendants are in contempt of court,” Mueller said. “Do I relish this day? No. Is this something I’ve wanted to do? No. But it is my job.”
The judge said that before she finalizes her ruling, she’ll give state officials one last chance to plead their case. However, Mueller added that she anticipates the ruling will become final — after which the fines will go into a court registry. The money will be used to meet required staffing levels.
Mueller referred the case for two months to a mediator with the U.S. Court of Appeals for the Ninth Circuit. The judge anticipates confirming her ruling after the mediation period.
The first settlement hearing is set for March 29.
The sanctions are the latest development in a decadeslong federal class action over the number of mental health professionals in California prisons. Judges over the years have ordered state officials to deal with job vacancies and take the steps required to fulfill a staffing plan.
In October 2017, after years of legal orders over staffing levels and plans, the state was ordered to come into full compliance. Last year, Mueller held a hearing about whether the state should face contempt over failing to meet that goal and pay fines that began accumulating in March 2023.
Mueller acknowledged Thursday that state officials in prior hearings pointed to the difficulty in hiring staff. They had said they reached compliance, or were close to it, for many of the required job positions. They took all reasonable measures to meet the staffing levels. And they pointed to the Covid-19 pandemic, which caused havoc with staffing.
State officials also emphasized a telehealth program they said would reach full potential in two years as a method of strengthening staff levels.
According to Mueller, the state has shown no evidence that it tried to determine what’s needed to draw more mental health professionals. Additionally, it would redirect existing employees to the telehealth role. However, Mueller determined that wouldn’t address the need for in-person treatment.
“Defendants have not taken all reasonable steps available to them,” the judge said.
Saying she wanted to be eye-level with the attorneys, Mueller sat in a chair close to both sides during Friday’s hearing. She acknowledged existing corrections staff, and that they work in trying conditions, calling one who testified last year a “dedicated public servant.” In at least one case, she said clinicians work in closets without proper ventilation.
“This is court-ordered work,” she said. “It is hard work.”
Pivoting to the next stage of the proceeding, attorneys listed topics they want to discuss during the upcoming mediation.
Attorney Lisa Ells, representing the Coleman class, said she wants to talk about potentially changing the hiring process and streamlining it, recruitment and retention efforts, adding hybrid work schedules and compensation.
Signing bonuses and loan reduction programs also were offered as possible discussion points.
David Sapp, legal affairs secretary for the governor, agreed with those topics. He added that onerous documentation requirements, which can hurt retention, should be included in the list.
In a statement, the Department of Corrections and Rehabilitation said that, like throughout the nation, it has faced a shortage of mental health care providers.
“We have taken extraordinary steps to improve access to mental health care and improve the recruitment and retention of mental health staff throughout (the department) and (California Correctional Health Care Services),” it added. “(We) remain committed to ensuring every person in our care has access to appropriate and quality health care.”
Source Link: https://www.courthousenews.com/california-hit-with-almost-100-million-in-fines-over-prison-staffing-issues/
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