PRACTICE OF STARVING VIRGINIA PRISONERS BY i.e RED ONION STATE PRISON, CATHOLIC USE OF SOLITARY CONFINEMENT and OTHER EXTRA-JUDICIAL PRACTICES CONTRIBUTE TO PRISONERS CHRONIC MEDICAL CONDITIONS BY WILLIAM THORPE

If the General Assembly's Joint Legislative Audit and Review Commission is concerned with the rising cost of medical care for prisoners the within Virginia Prison system and it's Department of Corrections then the primary locus and orientation should be on prevention, styming causes that are within the Virginia Department of Corrections control, which the department already has a constitutional obligation to do. Under the United States Constitution 8th Amendment and Virginia Constitution Article 1 section 9 prohibition against cruel and unusual punishment.

" The Eighth Amendment prohibits the infliction of "cruel and unusual punishment," U.S. Const. Amend. VIII, this prohibition proscribes more than physical barbarous punishment. It also encompasses the treatment a prisoner receives in prison and the conditions under which he is confined. In particular, the Eighth Amendment imposes a duty on prison officials to provide humane conditions of confinement and ensure that inmates receive adequate food, clothing, shelter and medical care."  

See Estelle v. Gamble 429 U.S. 97 [1993] 

Helling v. McKinney 509 U.S. 25 [1993]

Farmer v. Brennan 511 U.S. 825 [1994]

Starving prisoners, Use of Solitary Confinement are also causes of prisoner chronic medical conditions.

A recent report by the Joint Legislative Audit and Review Commission presents an idealistic and one-dimensional conclusion that totally ignores that the very nature of how the Virginia Department of Corrections performs its duties, practically unaccountable to the Virginia taxpayer is a primary cause of chronic health issues among the prisoner population.

So for starters, if the food service departments of the various prisons i.e. Red Onion State Prison would obey the U.S. Constitution 8th Amend. requirement of providing prisoners with adequate food and comply with the Departments Master Menu and its provisions and stop starving prisoners, by using food as an ad-hoc extrajudicial punishment. Prisoners would be relatively healthy enough with a fortified immune system to resist levels of ailments that are currently precipitating and necessitating, heightened medical care of Virginia prisoners and its costs. 

Secondly, medicine has long determined that stress causes trauma which induces all sorts of chronic and extreme medical conditions and health problems and what is more stressful than the solitary confinement aspect of prison? Yes, despite this medical fact which the Virginia Prison officials have the professional responsibility and constitutional obligation of knowing and not violating.

The Virginia prison officials i.e. The Red Onion State Prison official has reduced the metric of their administration philosophy and its practice to crude but novel ways of confining prisoners in solitary despite contrary assertions and espousals of reform of the practice. So prisoners at Red Onion State Prison are confined in solitary, in conditions that cause hypertension, cardiac disease, atrophication, respiratory conditions due to the indiscriminate and violative use of OC Gas and spray inside the closed confines of cells.

"it has long been established that prison officials violate the Eighth Amendment by using "mace, tear gas or other chemical agents in quantities greater than necessary or for the sole purpose of infliction of pain."

See: Williams v. Benjamin 77 F. 33d 756 [4th Cir. 1996]

Thirdly, if the Joint Legislative Audit and Review Commission finds the Department of Corrections mental health care prohibitive. A more practical and objective finding would have been, that the totality of practices of prisons i.e. Red Onion State Prison is contributive to the prevalence of chronic medical conditions and mental health issues among the prisoner population. Study in point prisoners is not sentenced to commit suicide in prison. Yet, Red Onion State Prison has had suicides which Virginias Government hasn't for all practical purpose investigated.

So if the Joint Legislative Audit and Review Commission is being objective and not performing another bureaucratic pro forma study that only highlights a conventional colloquialism. Then it should do what the medical and mental health community have consensus on: Preventative care and that will require a comprehensive critique of the Virginia Department of Corrections philosophy.

William Thorpe is in Solitary Confinement at Red Onion State Prison since 1998

Reference

 JLARC | Spending on Inmate Healthcare