Transcript
60 Second House Call: 101 by: Chernikko L. Crump Greetings, A.P.W.A contributors and audiences abroad. Once again it is an honor and a privilege to be able to share my thoughts as well as first hand experiences on major issues and areas of concern that we face in the American criminal justice system. I would like to take a brief moment in introducing A.P.W.A. contributors, and audiences to our first session of 60 second house calls and also give a brief description of this series and its intended purpose. 60 second house call is designed to brief our readers on the different policies of correctional institutions (county, state, and federal) laws that govern the American Criminal Justice System (note: laws may vary from state to state or county to county, some state laws may also differ from some federal rules and regulations when not enacted by the federal government for the system as a collective whole. Each state still has control over certain laws and policies within its own borders. During our 60 second house call we will discuss issues with certain laws and policies and how they effect those that are incarcerated in the American Criminal Justice System, family members of those persons, as well as the taxpayers of the United States of America. 60 second house call can also be used as a reference point for researchers as we will utilize these house calls to make an introduction to each topic from the specified writer/s listed above. These house calls will also serve as an educational tool as to sort of educate contributors and audiences on some of the rights that incarcerated individuals are entitled to and/or different announcements/changes that are made throughout the American Criminal Justice System. Fact: Federal law states that every individual incarcerated within the United States has a constitutional right to medical and mental health care. The U.S. Supreme Court ruled that "Deliberate indifference to a serious medical need is a direct violation of the U.S. Constitution (see case): Estelle vs. Gamble. These patients have the right to be protected from malpractice and or negligence. These patients are also protected under a set of Inmate Medical Services Policies as well. (See) California Prison Health Care Services (receiver), Inmate Medical Services Polices and Procedures Vol. I Chapt. 11. Did You Know? The state of California was stripped by the federal government of its power to manage medical care in its prison system. This is because the state of California has been subject to several federal class action lawsuits that address the substandard care endured by prisoners. Medical care in California's prisons was found to be unconstitutional and after the state failed to make court ordered adjustments the medical care system was put under control of a federal receivership. For more information on the receivership go to www.cphcs.ca.gov Fact: Any individual that is incarcerated within the American Criminal Justice System are considered to be the responsibility of the state. As such, the state and or federal government is required to provide the basic needs of food, clothing, and shelter, as well as health care since these individuals cannot take care of these needs themselves. Courts have ruled that withholding of such basic needs is considered cruel and unusual punishment. Did You Know? Effective January 1, 1995, California Penal Code Section 4011.2 was enacted. That law gave the sheriffs and the Chiefs of Police permissions to charge inmates a fee when they request a health care visit. With a few exceptions, these patients will be charged a co-payment fee for each health care visit that they request. (fee may vary from state, local, or federal facilities). This includes request made for the patient by the departmental staff, other inmates, family or an attorney. The co-pay fee will be charged to the inmates trust account. If the inmate has no funds over a period of 6 months then he/she will not be charged. An inmate shall not be charged for health care visits that are for: A life-threatening emergency Mental Health Services deemed essential by the clinician. Follow up health care services that are recommended by a doctor, nurse, or dentist. Ongoing treatment and follow up of a diagnosed communicable disease (HIV, AIDS, and or TB) Reception center screening assessment and evaluation. Inpatient services, extended care, or treatment related to pregnancy. Any inmate with or without funds shall not be denied health care. This concludes our first edition of 60 second house call. Be sure to check out our next memoir titled: Are You in Good Hands. This will go further in depth on medical related issues we face in the American Criminal Justice System as well as first hand experiences from those within the penal system as well. Thanks for joining us at 60 second house call brought to you by Chernikko Laquinte Crump Remember Always Spit Fire to Inspire the World for Change...
