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Law Enforcement and Criminal Justice Interim Committee

MINUTES OF THE

LAW ENFORCEMENT AND CRIMINAL JUSTICE INTERIM COMMITTEE

April 23, 1997 - 9:00 a.m. - Room 416 State Capitol



Members:
    Sen. Michael G. Waddoups, Chair    Rep. David L. Gladwell
    Rep. Robert H. M. Killpack, Chair    Rep. Neal B. Hendrickson
    Sen. LeRay McAllister        Rep. David L. Hogue
    Sen. Pete Suazo            Rep. Susan J. Koehn
    Rep. Perry L. Buckner        Rep. Carl R. Saunders
    Rep. Blake D. Chard            Rep. John E. Swallow
    Rep. Gary F. Cox

Staff Present:
    Mr. Stewart E. Smith, Research Analyst
    Ms. Susan Creager Allred, Associate General Counsel
    Ms. Nedra B. Duzett, Secretary

Note: A list of others present and a copy of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.

1.    Call to Order - Sen. Waddoups called the meeting to order at 2:08 p.m.

2.     Committee Business - Committee members and staff were introduced. Mr. Stewart Smith asked committee members to check the membership list in the packet and give any changes or corrections to staff.

3.     Staff Report - Mr. Smith referred to the Master Study Resolution H.J.R. 19, and to a list of study items compiled by staff from H.J.R. 19 which were related to the committee's subject area. Committee members were invited to comment on the study items selected and also to submit additional items they wanted to examine during the interim. It was noted that many of the study items overlapped with other committees. A revised copy of the list compiled by staff, including items suggested in the meeting, will be sent to committee members for their prioritization. The prioritized lists should be returned to staff by Friday, May 2, 1997.

4.    Department of Corrections -- Use of Restraining Chair - Mr. J. Terry Bartlett, Director, Division of Institutional Operations, reported on the use of the restraining chair and the restraining board at the prison. The two multi-point restraints were displayed, and a demonstration was given on the use of the restraining chair. Mr. Bartlett said that occasionally prison inmates need a greater degree of control and discipline than available in the normal prison environment. In those instances, a procedure is followed to make sure inmates do not cause injury to themselves or others, and the restraining chair is an option in that process.


    Mr. Frank Mylar, Legal Affairs, Dept. of Corrections, said use of the chair has been suspended to allow time for investigation and reevaluation of the chair and policy governing its use. He commented that the chair is a new development in the area of corrections and is being promoted as a more humane and useful tool in dealing with dangerous mentally ill inmates, as well as other inmates who are uncooperative. A clinical decision is made as to whether it is necessary to restrain an individual, and the type of restraint to be used. About 90 percent of those placed in the chair are mentally ill, and the others are inmates who are very difficult to handle. Medication can be used as a restraint but requires that a petition be filed authorizing the individual be medicated by force. The decree requires a clear and convincing standard of proof that medication is necessary to control the individual. Mr. Mylar said officials are considering ending the self-imposed moratorium on use of the chair.

    In response to questions asked by committee members, Mr. Bartlett said the amount of time spent in the chair has varied from two hours to five days. After twelve hours the individual must be evaluated by the psychiatrist who initially recommended the restraint. An individual is released from the chair whenever the psychiatrist feels the person can be controlled with a lesser degree of restraint.

    Rep. Suazo commented that he had opportunity to sit in a restraining chair at the prison two weeks ago and it was not the one demonstrated in the meeting. He said the one he sat in was all metal and did not have any padding. The restraints were handcuffs for the hands and the feet.

    Ms. Linda V. Priebe, attorney for the Disability Law Center, an advocacy and protection organization, distributed a handout summarizing her remarks and recommendations. She said the Disability Law Center and the ACLU have been collaborating in addressing the issue of excessive restraint of persons with mental illness at the Utah State Prison. They have reviewed the current prison policy concerning the use of restraint devices, and the policies do not provide protection for inmates and staff consistent with medical standards for use of such devices. In addition, there are major deficiencies in the application of prison policy. Restraint of persons with mental illness is being substituted for psychiatric treatment. Ms. Priebe said that most situations where restraint was used were preventable had the mental health and medical staff taken the time to observe and monitor the condition of the patients to avoid an emergency from developing. She said one-on-one staffing is a method frequently used by mental health providers. Therapy and de-escalation techniques can be used, and she felt prison staff was not trained in this type of intervention. She suggested isolation as a less restrictive alternative to the use of restraint, or the use of medication. She felt that a consent decree which governs Utah prisons gives the prison the flexibility to force medicate in an emergency situation. The consent
decree specifically says that where an emergency exists a clinician, psychiatrist, or medical
doctor may administer medication. The consent decree also allows going beyond the emergency and continuing the medication to allow time for a hearing to address long-term medication.

    Ms. Priebe said the Disability Law Center and the ACLU are investigating complaints
from over 35 inmates who have been subjected to the restraint chair. They are finding that the inmate complaints are being verified by former employees of the Department of Corrections. Interviews with inmates show that the average length of time in the restraint chair is actually 40 to 50 hours of continuous restraint, and one instance as long as seven days. She spoke of two situations where a person was held on a restraint board for 12 consecutive weeks.

    Ms. Priebe's short term recommendations included a legislative audit of the quality of mental health care provided by the Department of Corrections, and a continued moratorium on use of the restraint chair pending long term resolution of medical and legal concerns. Mid term recommendations were to initiate legislation to grant persons with serious mental illnesses who have been convicted of a crime credit for time served in treatment facilities such as the Utah State Hospital, and appropriate funding for an additional 100 new forensic beds at the Utah State Hospital. A long term recommendation was to initiate legislation to create a multi-disciplinary Corrections Review Commission to provide independent oversight of the Department of Corrections.
        
    The committee discussed the issue of forced medication. Sen. Waddoups said the Appropriations Committee and others have requested an audit of the Department of Corrections, specifically the medical division. The Legislative Management Committee will hear the request April 28, 1997.

    In response to the committee's inquiry regarding the authority of the committee to address the issues, Ms. Allred said legislation is prepared at the request of the committee.

    Rep. Swallow said it is not within the committee jurisdiction to do the things Ms. Priebe was requesting. The committee could study and make recommendations to a Standing Committee. The committee may make requests of the Legislature, and they have the ability to provide appropriation.

    Dr. Heinbecker, director of the forensic unit at the Utah State Hospital, commented that he was speaking as a private citizen and not on behalf of the hospital. He said the hospital does not have either the restraining board or chair. They use a regular bed with mattress and four point restraints, and the individual is observed at all times by a staff person. When a person is extremely violent a body net is used.

5.    Craig L. Dearden, Commissioner of the Dept. of Safety, addressed the committee. He commented on changes in the department since becoming commissioner. One position has been
eliminated, and he is meeting with staff to determine ways to streamline the department and make it more efficient.

    He commented on the list of study items and said he was not opposed to combining the Police Academies, but a facility would be needed to handle the training during the transition. This item will be studied by the department and they will bring a recommendation to the interim committee in November.

    Mr. Dearden said one of the major issues the Department of Public Safety is facing in the immediate future is the possibility of flooding. He reported that the department is monitoring the situation carefully. Another major concern is the I-15 construction. The Department of Public Safety will work closely with the Department of Transportation. The last major issue is the 2002 Olympics. Mr. Dearden reminded committee members that the Olympics will take place during the Legislative Session, and the Legislature may want to rearrange their schedules during that time. He said he spent five days in Atlanta during the summer Olympics, and noted the necessity of extensive planning for this event. He was specifically concerned that there will be sufficient police officers to handle the Olympics.

    Mr. Dearden asked the committee to keep these concerns in mind as they go through the interim and into the session. He said salaries are a concern with the Dept. of Public Safety, and statistics from Human Resources indicate salaries will need to be increased to retain current employees and to attract new ones. He noted that the Department of Public Safety was given permission to hire six liquor control agents at the last session, but funding for the agents was $100,000 short. He said they will delay hiring the agents this year, and he asked the Legislature to look at the funding next year.

    Rep. Gladwell asked Mr. Dearden's opinion on combining public safety services in Salt Lake County. Mr. Dearden said he had always been in favor of a metro police department and felt the citizens of the area are better served for the money spent.

6.    Other Items - There was a brief discussion concerning I-15 construction and the use of motorcycle officers and choppers as valuable tools for the Dept. of Public Safety. Mr. Dearden said all the new troopers they receive this year will go to Salt Lake County to assist on I-15.

7.    Adjourn - Rep. Chard moved to adjourn the meeting at 4:15 p.m.

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