Seven Days in Solitary [5/13/13]

solitaryThe following roundup features noteworthy news, reports and opinions on solitary confinement from the past week that have not been covered in other Solitary Watch posts.

•  Media coverage on the urgency of closing Guantanamo was heavy throughout the past week, with an estimated 100  of the 166 detainees hunger striking. Most recently, Al Jazeera publishes a Guantanamo prison military document exposing the brutality of the force-feeding. According to the story, detainees “undergo a brutal and dehumanising medical procedure that requires them to wear masks over their mouths while they sit shackled in a restraint chair for as long as two hours…”

•  The New York Times reports that New York City is planning to change the way it disciplines incarcerated people with mental illness, creating alternatives to the use of solitary confinement. “[T]he city Correction Department will transfer severely mentally ill inmates to an internal clinic where psychiatrists will administer treatment and medicine, and the less seriously mentally ill will go to counseling programs designed to help them change their future behavior.”

•  The Los Angeles Times publishes an editorial on the harm inflicted on kids who are subjected to isolation, stating “[s]olitary confinement is ultimately a mental health issue for anyone who goes through it, and the practice, if it is to continue, should at the very least be documented for public review and monitored by mental health professionals.”

•  The Seattle Times reports on a new program at Washington State Penitentiary seeking to to ease violence in some of the most dangerous units inside the prison, minimizing the liklihood of reoffending. “Rival gang members — Norteños and Sureños, Bloods and Crips, white supremacists — all brought together to discuss ways to stay out of trouble, both in prison and when they get out.”

•  Angola 3 News reports on a federal lawsuit filed by Russell Maroon Shoatz’s lawyers protesting his 22 consecutive years in solitary confinement. The story also features a recent interview with activist Bret Grote and Shoatz’ lawyer, Dan Kovalik, taking a closer look at the lawsuit and confronting human rights abuses in U.S. prisons.

•  Momentum builds to end the solitary confinement of youth, with The Nation calling for support in urging U.S. Attorney General Eric Holder to ban the use of solitary confinement on youth. The post links to an open letter “in support of a call by the National Religious Campaign Against Torture and the ACLU imploring [Holder] to ban the practice of holding young people in federal custody in solitary confinement.”

•  The Republic reports on a federal lawsuit alleging that correctional officers at North Carolina’s Central Prison brutally beat prisoners held at the facility, using “blind spots” to avoid being seen by security cameras. “An amended complaint filed last week in U.S. District Court by lawyers at North Carolina Prisoner Legal Services says the beatings occurred in Unit One, a cell block known as “The Hole” where inmates are kept in solitary confinement for disciplinary reasons.”

•  NDTV reports on the solitary confinement of Boston marathon bombing suspect Dzhokhar Tsarnaev at a high-security housing unit at a federal medical detention center in Massachusetts. “The only time Tsarnaev gets out of his tiny cell, that contains a sink, toilet, shower and a bed bolted to the floor, is for an hour of recreation every day.”

•  The Colorado Independent reports that Colorado’s El Pueblo Boys and Girls Ranch held Kiondre Davison, a 14-year old with an array of developmental disabilities, in solitary confinement for 25 days. “Of particular concern is imposing isolation on developmentally delayed kids. Kiondre is typical of such cases. He struggled to understand what was happening to him and so only loosely tied his actions at El Pueblo to the consequences they brought.”

•  Alan Prendergast reports that the legal team of Troy Anderson, who is currently incarcerated at Colorado’s supermax prison, has filed court papers contending that Department of Corrections officials have failed to comply with a previous ruling by a federal judge that Anderson is entitled to three hours a week of outdoor activity. Anderson’s attorneys assert that “their client is worse off than before, with less effective mental health treatment, following a transfer from the supermax to solitary confinement at the Sterling Correctional Facility.”

•  In an op-ed published on Times Union, Donn Rowe, President of New York State Correctional Officers & Police Benevolent Association, responds to a recent story on the harm inflicted on mentally ill people who are subjected to solitary confinement.   According to Rowe, “Special Housing Units are for inmates who are a danger to others and themselves.”

•  SFGate reports that Colorado has banned a youth treatment center in El Pueblo from placing teens in solitary confinement. The state found three violations of Colorado regulations in its investigation, which followed complaints by the ACLU that the program was violating the constitutional rights of youth.

•  Black Agenda Report reports that people held in isolation at California’s Pelican Bay may once again go on hunger strike, stating that “more than 200 inmates at the [facility] have been in solitary confinement for between five and ten years and nearly 100 have been shut off from most human contact for 20 years or more.” The story also calls for outside support, emphasizing the importance of having support networks in place beforehand.

•  New York City Councilmember Daniel Dromm denounces solitary confinement as “cruel and unusual” in a recent editorial, stating “[a]s a matter of fundamental human rights, how the DOC uses solitary confinement must radically change.”

•  The Boston Globe reports that the use of segregation units has come under increased scrutiny in Massachusetts, where approximately 500 of the state’s 11,000 prisoners are held in isolation on any given day. According to the story, “Prisoner-rights advocates, legislators, and even corrections commissioners in other states are increasingly denouncing the use of solitary confinement, while others defend the practice as an essential part of prison management.”

Seven Days in Solitary [5/4/13]

solitaryThe following roundup features noteworthy news, reports, and opinions on solitary confinement from the past week that have not been covered in other Solitary Watch posts.

•  Media coverage on the urgency of closing Guantanamo was particularly heavy this week, with numerous organizations and groups calling on President Obama to take immediate action. Most recently, The Economist described the prison as “a deeply un-American disgrace” in a story entitled “Guantanamo: Enough to make you gag,” an obvious reference to the unethical force-feeding of hunger strikers by authorities at the prison. The story outlines the U.S. government’s failure to take action to close the prison camp, concluding ”Mr. Obama should think about America’s founding principles, take out his pen and end this stain on its history.”

•  The Los Angeles Times reports that California Gov. Jerry Brown “appealed for relief from court orders over prison conditions” within just 24 hours of unveiling his plan to reduce overcrowding in the state’s prisons, which, according to another Times story, “would free some inmates early to ease crowding, but still miss court’s target.”

•  The Los Angeles Times reports that people held in isolation in the Security Housing Unit (SHU) at Pelican Bay State Prison are seeking class-action status in their federal lawsuit “alleging the state’s segregation policies equate to cruel and inhumane treatment.” In the motion filed  in U.S. District Court in Oakland, the plaintiffs assert that they have been subjected to prolonged confinement in ”windowless cells… with little meaningful contact with others, restricted food, limited communication and no access to educational or treatment programs.”

•  The Denver Channel reports that Evan Ebel, who is suspected of killing Colorado’s prison chief, filed two grievances in the final days of his incarceration in which he appealed his being kept in isolation up until his release, writing ”Do you have an obligation to the public to reacclimatize ‘dangerous’ inmates to being around other human beings prior to releasing them into society after they have spent years in solitary confinement & if not, why not?”

•  Slate publishes a three-part series of excerpts from the declassified memoirs of Mohamedou Ould Slahi, who has been held at the military prison at Guantanamo Bay for almost 11 years. The story describes Slahi’s handwritten 466-page manuscript as “a harrowing account of his detention, interrogation, and abuse.”

•  WHYY Public Media discusses the history of solitary confinement and the contemporary controversies surrounding these isolation practices in a Radio Times program. Guests include Sean Kelley (Senior Vice President and Director of Programming and Public Relations at Eastern State Penitentiary), Jules Lobel (University of Pittsburgh Law Professor and President of the Center for Constitutional Rights) and Shirley Moore (Executive Deputy Secretary of the Pennsylvania DOC).

•  Stars and Stripes reports on “life under lockdown”  for Guantanamo detainees, stating that “[w]ith nearly every one of the 166 Guantanamo prisoners now under lockdown — back in solitary existence after years of communal living — the military has reverted to a battle rhythm reminiscent of the Bush administration.”

•  Sharon Herald reports on the federal lawsuit filed by the Disability Rights Network of Pennsylvania and the ACLU charging that the use of solitary confinement on mentally ill people in Pennsylvania prisons qualifies as a violation of Constitutional rights. The lawsuit, which is seeking “changes in the way prisons respond to the mentally ill,” describes the state’s use of solitary confinement on mentally ill people as a “Dickensian nightmare.”

• James Ridgeway was named a finalist for an NCCD Media for a Just Society Award for his article on growing old in prison, “The Other Death Sentence.”

 

Seven Days in Solitary [4.27.13]

solitaryThe following roundup features noteworthy news, reports, and opinions on solitary confinement from the past week that have not been covered in other Solitary Watch posts.

•  The Queens Chronicle reports on efforts by activists and New York City Council Members to increase transparency and and place stricter limits on the use of solitary confinement in New York City’s jails.

•  Susan Greene, in the Colorado Independent, continues her reporting on how years of solitary confinement may have affected Evan Ebel, prime suspect in the killing of Colorado prisons chief Tom Clements.

•  Albany Times Union reports on the widespread use of solitary confinement on people with mental illness in New York State. The damage caused by solitary is illustrated in the story of the formerly incarcerated Jeff Rockefeller, who to this day struggles with uncontrollable crying, difficulty sleeping and nightmares.

•  Human Rights Watch reports  that 93 of the 166 detainees have joined the hunger strike at Guantanamo.

•  The Houston Chronicle reports on two bills currently under consideration by the Texas Legislature (House Bill 1266 and Senate Bill 1003) that would call for an examination of the state’s use of solitary confinement in order to identify feasible alternatives the practice. In the article, Texas death row exonoree Anthony Graves provides a powerful account of the tortuous conditions to which he was subjected in his over 18 years of administrative segregation.

•  The Sidney Hillman Foundation announces Shane Bauer as a a 2013 Hillman Prizes recipient for his article “No Way Out: A Special Report on Solitary Confinement from Former Hostage Shane Bauer.” The prize is awarded to “journalists whose work highlights important social and economic issues and helps bring about change for the better.”

•  The ACLU reports on a series of proposed bills that would restrict the use solitary confinement on youth in Texas. The story also details the state’s “failure  to take into account age when determining if a kid should be placed in solitary and a disregard for the mental-health of children held in isolation.”

•  KUT News reports on the abusive use of solitary confinement on youth in Texas, stating “juvenile offenders in Texas were placed in solitary confinement 36,820 times last year.”

•  Rabbi Shmuly Yanklowitz speaks out against the use of solitary confinement on youth, calling for support of a proposed bill in California (SB 61) that would “lead the way nationally in increasing access to rehabilitation and reducing harm for our young people.”

•  Prisoners rights group NCTT-Cor-SHU alleges that, in a blatant disregard of California state policies, administrators at Corcoron SHU instructed staff to cease all medical treatment of hunger strikers at the facility.

• Angola 3 News features an interview with Teresa Shoats, daughter of Russell Maroon Shoats, who has spent 28 of the last 30 years in solitary confinement in Pennsylvania prisons, and is now the subject of an activist campaign to win his release from isolation.

Judge Refuses to Dismiss Federal Supermax Lawsuits

adxAndrew Cohen continues his coverage for the Atlantic of two potentially groundbreaking lawsuits directed at the treatment of those incarcerated in the notorious ADX Florence, where about 400 men live in extreme isolation and sensory deprivation for years or decades. Today he reports on a federal judge’s decision to allow the lawsuits to proceed, rejecting the federal governments efforts to have them dismissed.

In a rebuke to the Obama Administration, a noted federal judge in Denver Tuesday refused to dismiss two pending civil rights lawsuits filed last year against Bureau of Prisons’ officials accused of the widespread abuse and neglect of mentally ill federal inmates at the sprawling ADX-Florence prison facility in Colorado. If the allegations of the detailed complaint are true, said U.S. District Judge Richard Matsch, “you don’t need to be a psychiatrist to know something is wrong” inside Supermax, America’s most famous prison.

The judge’s order keeps alive for now Vega v. Davis, a wrongful death action brought in May 2012 by the family of Jose Martin Vega, an inmate in Colorado who hanged himself in his cell in 2010 following what plaintiffs’ lawyers say was an extend period of mental illness left untreated by prison staff. Judge Matsch also permitted to proceed further toward trial a case styled Cunningham v. Bureau of Prisons, a broader civil rights challenge alleging longtime patterns of abuse and neglect of the mentally ill at America’s most famous federal prison.

The essence of both cases is that federal prison officials at ADX-Florence are violating the rights of mentally ill inmates to be free from “cruel and unusual punishment” under the Eighth Amendment. The inmates allege that they have been tortured and abused by their jailors and deprived of basic medical and mental health needs by prison doctors. Many of the inmates have taken to self-mutilation in their cells, while mental health counseling remains sporadic and ineffective. ”Why shouldn’t we be addressing that?” Judge Matsch asked early in the hearing.

Read the rest here on the Atlantic’s website

The lawsuits’ detailed revelations of abuse and suffering–often rising to the level of torture–at ADX Florence are especially disturbing in light of the federal government’s recent decision to open a second supermax prison, to be called “ADX USP Thomson,” at a recently purchased property in Illinois.

New Video: Dr. Terry Kupers on Solitary Confinement and Mental Health

kupersDr. Terry Kupers, Institute Professor at the Wright Institute in San Francisco and Distinguished Life Fellow of the American Psychiatric Association, is among the foremost national experts on the mental health effects of solitary confinement. Dr. Kupers delivered the keynote address at the Strategic Convening on Solitary Confinement and Human Rights, sponsored by the Midwest Coalition on Human Rights, on November 9, 2012, in Chicago, Illinois.

In his address, which is presented in the four videos below, Dr. Kupers provides a comprehensive overview of the psychological damage inflicted on people subjected to prolonged solitary confinement, detailing how use of the practice qualifies as an intentional human rights abuse. He also addresses the use of confinement in supermax prisons and the lacking quality of and inaccessibility to mental health care to those held in isolation (people who clearly urgently require adequate counseling to cope with the extreme distress of their isolation). Finally, Dr. Kupers touches on the detrimental impact of sexual abuse that takes place in detention facilities.

 

 

 

Seven Days in Solitary [4.12.13]

solitaryThe following roundup features noteworthy news, reports, and opinions on solitary confinement from the past week that have not been covered in other Solitary Watch posts.

• Developments surrounding the systemic failures in California prisons were covered heavily by the media. Most recently, the Los Angeles Times reported on California judges’ threat to find Gov. Jerry Brown in contempt of court if he and the state do not “quickly produce a plan to remove thousands of convicts from California’s packed prisons.”

In a strongly worded editorial, Bloomberg View denounces on the inhumane practice of solitary confinement in the U.S., stating that its use in “prisons and detention centers has broken the bounds of reason and decency.”

• The Toronto Star reports on the high-profile inquest into the death of Ashley Smith, the teen who died in solitary confinement in Canada. Lawyers representing Smith’s family and advocacy groups “want to ensure the inquest leads to significant reductions in the use of segregation in Canadian prisons, and a ban on it for mentally ill offenders.”

• Susan Greene, writing in the Colorado Independent, reports on a recent statement by fellow Colorado State Penitentiary prisoner Troy Anderson, that Evan Ebel’s suicide note shows he was “‘ruined’ by solitary and ‘bent on revenge.’”

• Writing on The Hill’s Congress blog, Ian Kysel, author of Growing Up Locked Downurges the U.S. government to ban the use of solitary confinement on children in federal custody. While solitary is harmful to adults, Kysel writes, ”the potential damage to children, who do not have the maturity and resilience of an adult and are at a particularly vulnerable, formative stage of life, is much greater.”

• The ACLU of Colorado calls on the state’s Department of Human Services (DHS) to end the solitary confinement of kids in Colorado’s El Pueblo Residential Treatment Center.

The New York World  reports on the torments experienced by Rasaun Bullock during his 49 months in solitary confinement on Rikers Island.

• The Investigative Writing Workshop reports on the government’s review of solitary confinement practices in immigration centers in the U.S. The article referenced new government data (first revealed by the New York Times) showing that “about 300 immigrant detainees are in solitary in the top centers around the country while they wait for a finding of their legal status.”

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Seven Days in Solitary [4.4.13]

solitaryThe following roundup features noteworthy news, reports and opinions on solitary confinement  from the past week.

•  First Run Features announces the New York premiere of Herman’s House this week. The film, which explores the “injustice of solitary confinement and the transformative power of art,” will be opening April 19,2013, at Cinema Village in New York City.

• WUSA9 reports that Christoper Harper, who suffers from mental illness, is being held in solitary confinement in a maximum security prison in Pennsylvania. Harper’s mother says that Harper, 40, has the mental capacity of an 11-year-old.

• Truthout reports on “The US Criminal (In)Justice System” and the mistreatment of incarcerated people, citing the “widespread, abusive and counterproductive” use solitary confinement as a prime example of this.

• Andrew Cohen calls into question the BOP’s policies in dealing with behavior frequently accompanied by mental illness, including suicide attempts and self-mutilation, pointing out that regulatory body’s “inmate policies” actually call for more severe punishment of behaviors typical of people with mental illness.

• Former prisoner Daniel McGowan writes that court documents prove he was put in Communication Management Units (CMU), a form of segregation, for his political speech.

• The New York Times publishes an editorial about the use of arbitrary and abusive solitary confinement on immigrant detainees in the US, emphasizing that the unbridled use of solitary by ICE ”is not a model of humane incarceration.”

• Ian Urbana discusses the excessive use of solitary confinement on immigrant detainees in the US on the Leonard Lopate show. For those who missed the show, listen to the audio at WNYC .

• The New Yorker reports that a shocking proportion of the detainees at Guantanamo are hunger striking, reaching a total 37, or almost one in four of the 166 people imprisoned there. A story in The Atlantic states  that the hunger strike at Guantanamo Bay will likely be ineffective since the people doing the striking are a ” group of foreigners whose prison is synonymous with the War on Terror,” as opposed to “sympathetic, politically popular characters.”

New Article in Fortune News: “Suffering in Solitary”

Solitary VortexThe title of this post is the title of an article by us that appears in the current edition of Fortune News, the publication of the Fortune Society, a remarkable group based in the New York City. The organization describes itself as follows: “The Fortune Society’s mission is to support successful reentry from prison and promote alternatives to incarceration, thus strengthening the fabric of our communities. We do this by: Believing in the power of individuals to change; building lives through service programs shaped by the needs and experience of our clients; and changing lives through education and advocacy to promote the creation of a fair, humane and truly rehabilitative correctional system.”

Our piece appears below, but be sure to check out Fortune News for more on solitary confinement and mental health, including a powerful piece by Wilbert Rideau about his time spent in solitary on Louisiana’s death row.

A 2003 report from Human Rights Watch found that, based on available data from states throughout the country, one-third to one-half of prisoners held in “secure housing units” (SHUs), and “special management units” (SMUs) suffered from mental illness. Since the total population of inmates in solitary confinement is thought to number 75,000 or more, tens of thousands of prisoners with mental illness may be in isolation on any given day.

The Human Rights Watch report concluded that “persons with mental illness often have difficulty complying with strict prison rules, particularly when there is scant assistance to help them manage their disorders….eventually accumulating substantial histories of disciplinary infractions; they land for prolonged periods in disciplinary or administrative segregation.” In other words, they are placed in solitary precisely because they display the symptoms of untreated mental illness. Given that isolation has been shown to cause severe psychological trauma in prisoners without underlying psychiatric conditions, it would be difficult to imagine a more damaging place to incarcerate the mentally ill.

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“Sick and in Solitary” on Rikers Island

rikersA comprehensive new article on the treatment of prisoners with mental illness in the New York City jail system appears on The New York World, a site run by the Columbia Journalism School. The piece, by Maura R. O’Connor, opens with the story of Jason Echeverria, a pre-trial detainee who was being held in a special solitary confinement unit on Rikers Island for people with psychiatric problems.

Last summer, a 25-year-old robbery suspect at Rikers Island took a ball of concentrated soap meant to clean his jail cell and swallowed it. Jason Echeverria had been held for two months inside the Department of Correction’s Mental Health Assessment Unit for Infracted Inmates, where the confined typically spend 23 hours a day on lockdown. By swallowing the soap, Echeverria hoped to spring himself from his confinement; instead, for 20 minutes a corrections supervisor ignored his condition as he became violently sick and eventually died from the poisoning. The city’s medical examiner has found that the lack of immediate medical treatment constituted a homicide.

While Echeverria was being held in punitive segregation, New York City Department of Correction Commissioner Dora Schriro was assuring the city’s Board of Correction, which monitors her agency, that a long-awaited blueprint for dealing with the growing ranks of mentally ill at Rikers was nearing completion.

The study, undertaken by the well-respected Council on State Governments in conjunction with a special task force convened by the Mayor’s Office, set out to remedy one of the most disturbing trends facing the city’s jail system. Even as New York City’s jail population reaches historic lows, the number of mentally ill people in jails has ballooned, turning Rikers Island into a virtual psychiatric ward run by the Department of Correction. Today a record one in three residents at Rikers has some form of mental illness — more than 4,000 at a given time and a population up 26 percent since 2005.

The Department of Correction reports that the mentally ill at Rikers Island are involved in at least half of all jail incidents, including assaults on corrections officers. Its response has been to crack down hard on infractions and increase the number of punitive segregation beds. Since she became commissioner in 2009, Schriro has overseen the largest increases in punitive segregation units in the department’s history, spurring a rate of solitary confinement among the jail population that is projected to reach five times the national average this year. Punitive segregation for the mentally ill is also increasing. Rikers now has hundreds of designated cells, including the one where Echevarria died. In 1990, the jail had just a dozen.

Conditions are so severe that even the medical director at Rikers for Department of Health and Mental Hygiene has felt compelled to speak out. During a Board of Correction meeting last year, Dr. Homer Venters called the segregation units “parking lots for people with mental illness” and described the Rikers mental health segregation unit as “a complete failure in meeting the needs of patients and the needs of DOC.”

“Rikers Island is one of the top three mental health facilities in the country,” said Bonnie Sultan, a sociologist and criminal justice expert who has monitored treatment of mentally ill inmates in New York City jails. While the Department of Correction has experimented with a pilot program that offers cognitive-behavioral therapy for inmates, and assigns mental health clinicians for the punitive segregation unit, most of what it can offer is punishment. “What we’re seeing,” said Sultan, “is the system is further debilitating these people.”

The article, which should be read in full, goes on to detail some efforts to improve the torturous treatment of prisoners with mental illness–as well as the many “broken promises” on the part of the City of New York and its Department of Corrections.

Indiana’s Treatment of Mentally Ill Prisoners in Solitary Confinement Violates Constitution

Isolation unit at Wabash Valley Correctional Facility.

Isolation unit at Wabash Valley Correctional Facility

Just before the new year began a Federal District Court Judge in Indianapolis handed down a decision with important implications for prisoners with mental illness in Indiana and across the country. Stating that “prison walls do not form a barrier separating prison inmates from the protections of the Constitution,” Judge Tanya Walton Pratt ruled that the treatment for mentally ill individuals in Indiana’s state prisons violated their Constitutional right to be free from cruel and unusual punishment.

As reported by the Indianapolis Star:

Weeks after a suicidal inmate at New Castle Correctional Facility told a prison doctor his behavior was the result of being placed in a segregation unit, the Indiana Department of Correction put the inmate back in an isolation cell.

Days later, he was dead — one of at least 11 mentally ill inmates who committed suicide while in IDOC segregation units from 2007 through July 2011.

Now, state officials and advocates are scrambling for solutions after a federal court found the treatment of mentally ill prisoners in segregation units at Indiana prisons violates the Eighth Amendment’s prohibition of cruel and unusual punishment.

U.S. District Judge Tanya Walton Pratt issued the decision Monday in a lawsuit filed by the American Civil Liberties Union of Indiana on behalf of the Indiana Protection and Advocacy Services Commission and a group of inmates.

Pratt found “mentally ill prisoners within the IDOC segregation units are not receiving adequate mental health care in terms of scope, intensity, and duration.”

The judge also noted IDOC was aware of concerns about its treatment of mentally ill prisoners and “has been deliberately indifferent.”

Ken Falk, the ACLU of Indiana’s legal director, hailed the ruling as a win not only for mentally ill inmates, but for all Hoosiers.

The majority of inmates with mental illness, Falk explained, eventually will be released, and it is better for everyone if their problems are addressed before they re-enter society. Treatment also can help reduce recidivism, saving tax dollars.

“The ACLU of Indiana is happy the court has entered this decision that will force the Indiana Department of Correction to provide minimally adequate treatment to prisoners who will one day rejoin society,” Falk said.

The judge’s order does not prescribe specific changes needed at IDOC. Instead, Pratt said further court proceedings will be conducted “as to the relief to which the plaintiffs are entitled.” In general, the order says, that means at least basic mental health care…

The piece goes on to discuss the “colliding trends” that have turned supermax prisons and solitary confinement units into the new warehouses for people with untreated mental illness.

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