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Feb 20, 2024

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P a g e | 1 Patricia Wood 2/2/2024 CJ 320 4-1 Short Paper: Plata V. Brown and Other Special Populations What are the issues surrounding Plata v. Brown ? The issues surrounding Plata v. Brown are overcrowding and the lack of medical treatment in the prisons in California. Due to the overcrowding of the prison, offenders had to wait longer for medical treatment which is a violation of their constitutional rights. Some offenders did not receive medical treatment early enough and it caused horrendous pain, long last disabilities and even death among those inmates. The prisons were short staffed all away around and there was not enough staff, doctors, space, or equipment to handle the overcrowding conditions. Due to these conditions, the supreme court finally got involved and seen that these prisons were in violation of the eighth amendment. This amendment states “No cruel or unusual punishments shall be inflicted on inmates.” (National Constitution Center, 2020). Withholding medical treatment is in violation of the eighth amendment. Many inmates were separated and housed segregation units for months waiting for medical treatment to be provided. Some inmates committed suicide waiting for medical treatment and mental health evaluations which was never provided. Due to the overcrowding that was taking place and rights being violated, California 1 | P a g e

P a g e | 2 prisons were ordered by the United States District courts to reduce its prison population to 137.5% of capacity within two years or their would-be consequences for those prisons. How has your state responded to the issues surrounding Plata v. Brown ? Louisiana has responded to the issues surrounding Plata v. Brown by making sure Louisiana prisons have institutional permits for healthcare. DPSC is responsible for providing comprehensive medical and mental healthcare to people incarcerated in DPSC facilities, including adequate routine, emergency, and chronic disease care. Dental care other than dental assessment at the time of intake is not provided. For people housed in segregation, current policies and practices negatively impact the delivery of healthcare. Sick call for people in segregation is conducted at the cell door, instead of the infirmary, which means no privacy for the offender. “It depends on where it is. If you are in the general population, you will get a thorough checkup from time to time... in cell blocks at Camp J, a maximum-security area... you did not get the same attention.” (loyno.edu . (n.d.-a).). Even though healthcare is being provided, overcrowding is still a concern for Louisiana prisons. Describe your state’s response to one other special population: either first-time drug offenders or juveniles . Louisiana offers diversion programs for first time drug offenders who are arrested for nonviolent crimes or misdemeanors like marijuana possession, trespassing, shoplifting, or theft. Pretrial diversion is a type of probation offered to first time offenders to keep them out of overpopulated prisons and jails. (Johnson, E. G. 2019, july29). To qualify for the diversion program, the offender must not have a previous criminal record, and it is up to the District Attorney to determine eligibility for a pretrial diversion program. If the DA thinks you are 2 | P a g e

P a g e | 3 eligible for the program, then you must enter a conditional no contest or guilty plea under Article 893 or 894, depending on whether the charge is a misdemeanor (894) or felony (893 ). Some common first time offenses that are eligible for the diversion program are : Alcohol possession by a minor, Simple battery or assault, Drug possession or possession with intent to sell, DWI, Shoplifting, Reckless conduct, Reckless driving or racing, Theft and Trespassing. If the offender is offered a pretrial diversion, then the offender can expect to partake in Random drug and alcohol tests, Counseling, Classes, Substance abuse treatment, Community service and pay Restitution. The offender will also be required to pay for this program through court fees which is determined based on the severity of the offense. The program usually takes 6- 12 months to complete, once completed the offender will no longer be convicted of that offense but it will remain on their record until they have their record expunged which requires the offender to wait 5 years until they can have their record expunged. How successful has your state been in resolving the issues for these special populations? Louisiana has been remarkably successful in resolving the issues with first time drug offenders using their diversion program. Louisiana had a goal of 80 percent to meet for the program to be successful and they met that goal. There also was a 10.9 percent decrease in the number of juveniles that appeared in juvenile court. ( G D Litton, L Marye (1982 ). The diversion program shows a recidivism rate of 2.7 percent decrease at least 80 percent successful completions and less than 20 percent recidivism within 1 year of program completion. However, they have not been as successful with inmates and mental illnesses. From 2012 to 2016, the rate of death was 2.5 percent above the national prison average due to inadequate prison environments for the unstable mentally ill offenders. 3 | P a g e

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