Advocacy group for mentally ill denied access to Franklin County jail

As reported by the Tri-City Herald in Wisconsin (more information at the link)

Franklin County corrections officers did not allow an attorney with an advocacy group for the mentally ill inside the county jail on a visit this week.

Disability Rights Washington received a complaint about the conditions for two inmates in the jail and sent an attorney to check the facility Oct. 28, said David Carlson, the Seattle group’s director of legal advocacy. Federal law allows the private agency to visit any place that houses people with mental illness, including jails, psychiatric hospitals, homeless shelters and nursing homes.

But attorney Anna Guy was not allowed inside the cell pods and, instead, had to speak with inmates in the visitation area, Guy said in a Friday letter to county Deputy Prosecutor Tim Dickerson.

Officers told Guy when she arrived that jail Capt. Rick Long would not be able to speak with her because he was busy and she arrived at 10 a.m. for her scheduled 9:30 a.m. visit, she said. They told her to instead wait for Dickerson.

The agency likes to see inside the jail to get a better idea what conditions the inmates are living in, Carlson said.

Franklin County Sheriff Richard Lathim said Guy told the jail by email late Monday afternoon that she would be visiting Tuesday, giving jail staff little time to prepare. Tuesdays usually are busy because of inmate traffic to and from court. Sheriff’s officials referred the lawyer to the prosecutor’s office because the sheriff’s office didn’t understand what she was looking for.

“Basically, they were inconsiderate and rude and very unclear with what they wanted,” Lathim said.

Lathim questions the authority the group has to visit the jail.

“I’m sure the federal law doesn’t say you can show up at the busiest time and do what you want,” he said.

Disability Rights Washington sent an informal notice that it was coming because it has worked with the jail before, and it is not required to give any notice, Carlson said. The group received an email back Tuesday morning from Long saying the visit was OK.

“We don’t write really long lawyer letters every time we go someplace, especially if they know us,” he said.

Dickerson told Guy that he was unfamiliar with Disability Rights Washington, Guy said in her letter. He then told her that low staffing levels at the jail and pending litigation could affect the visit.

“I explained that pending litigation does not preclude DRW from accessing your facilities and inmates,” Guy said. “I also explained that DRW’s authority grants it unaccompanied access to facilities.”

An unrelated lawsuit, brought by Columbia Legal Services of Seattle, claims mentally ill inmates are subjected to inhumane and barbaric practices at the jail.

Dickerson continued to deny Guy access to the inmate holding and medical areas, Guy said. But he allowed her to see inmates in the visitation area.

You can find the Disability Rights Washington website here