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Miami jails are safer for inmates, including the mentally ill. That’s the way it should be | Opinion

Protesters raise signs as State Attorney Katherine Fernandez Rundle speaks during a Miami-Dade Democratic Party meeting over her failure to mount a criminal case against the guards accused of putting inmate Darren Rainey in a searing shower.
Protesters raise signs as State Attorney Katherine Fernandez Rundle speaks during a Miami-Dade Democratic Party meeting over her failure to mount a criminal case against the guards accused of putting inmate Darren Rainey in a searing shower. pportal@miamiherald.com

Miami jails are safer for inmates, including the mentally ill. That’s the way it should be

It was announced this month that, after a decade, Miami-Dade’s prison and jails are finally in full compliance with the demands and stipulations set by the Department of Justice. That’s welcome news because a society is measured by how it treats its most unfortunate, even prison inmates.

In layman’s terms, the chances that someone detained by the Miami-Dade Corrections and Rehabilitation Department will be mistreated there have been reduced, thanks to the federal government.

A federal judge recently decided that Miami-Dade has met the requirements of a 2013 consent decree calling for significant changes to improve mental healthcare, reduce suicides and ensure humane conditions for those incarcerated.

Help for the mentally ill

It has taken time, effort and resources, but Miami-Dade has systematically implemented the reforms and modifications needed to meet the court’s standards. It has taken the necessary steps to address past deficiencies and uphold inmates’ civil rights. We applaud local leaders and corrections officials for achieving full compliance.

It’s a plus for our community that even those who run afoul of the law are also guaranteed a fair shake. In fact, they are guaranteeing their constitutional rights. The just treatment of those incarcerated, yes sometimes for heinous crimes, is not a bleeding-heart liberal mandate. No one being held in detention should be mistreated, physically or otherwise, in the name of keeping the public safe. Dehumanizing even those accused of breaking the law could put the public in greater peril once they are released.

Miami Herald investigations played a significant role in the DOJ stepping in.

A decade ago, Miami-Dade Corrections was plagued with scandals over the death and beatings of inmates at the county jails’ pretrial detention center, dubbed the Lost Ward.

Twice, in 2004 and 2008, Miami-Dade grand juries blasted deplorable conditions at county jails.

In 2011, the U.S. Department of Justice concluded a three-year probe, saying the jail system engaged in a pattern and practice of constitutional violation of the rights of inmates housed in deplorable living conditions under abusive, inadequate or limited care.

At the time, the department entered federal monitoring consent decree. Miami-Dade County and Jackson Health System which manages inmate care within the jails agreed to a long and expensive list of improvements for treating inmates, particularly those who are mentally ill or suicidal.

This period was a dark one for all correctional departments in South Florida.

The Lost Ward scandal occurred at about the same time unrelated investigations were also launched by the DOJ over incidents that occurred in the state detention prisons located in South Florida.

Among the most glaring was the case of Darren Rainey, a mentally ill-inmate who died after being placed in a scorching hot shower by guards at the Dade Correctional Center in south Dade.

The Miami Herald also detailed abuses in state juvenile detention in a series called “Fight Club,” exposing how young male inmates were encouraged to fight each other by guards who rewarded winners with Honey Buns.. But the treatment of the mentality ill, usually lumped in with hardened criminals, was front and center.

Slowly, conditions have improved in Miami-Dade jail system, activists say.

Miami-Dade County Judge Steve Leifman, a champion of mentally ill residents, told the Editorial Board the county’s detention system has made significant strides under DOJ monitoring.

“I would say that things are 100% better now than they were when this began,” he said.

Leifman has played a key role in securing treatment for the mentally ill in the correctional system. As we have said in previous editorials, the county jail has been used as a de facto psychiatric institution.

That should change when the Miami Center for Mental Health and Recovery opens. The center is part of the deal struck by the county and the DOJ to improve condition. It will be a one-stop center for primary care and psychiatric services, Leifman’s brainchild.

“When the judge lifted the oversight, she mentioned that the center would now play a major role in continuing to improve the treatment of the mentally ill. We will not just be warehousing people; we will get them treatment.”

Miami-Dade Mayor Daniella Levine Cava praised the department’s seal of approval from DOJ earlier this month.

“Our Miami-Dade Corrections and Rehabilitation Department is proud to announce that it has successfully achieved substantial compliance with the DOJ for the first time in a decade!” the mayor wrote on Facebook.

Protection for all inmates

The adoption of DOJ guidelines means inmates are promised the following:

Protection from harm: Miami-Dade prisons must take reasonable measures to protect prisoners from violence at the hands of other prisoners or staff. This includes providing adequate supervision and proper classification of prisoners.

Humane conditions: Facilities must meet minimum standards for sanitation, medical care, nutrition, hygiene, clothing, shelter and safety. Overcrowding is not allowed. This is often was the source of many problems.

Access to courts: Prisoners must have meaningful access to courts to challenge unlawful treatment or conditions of confinement. This includes access to legal materials and assistance.

Due process: Prisoners facing disciplinary charges that may result in loss of privileges or solitary confinement have rights to notice, a hearing before an impartial decision maker and a limited ability to call witnesses or present evidence.

Limited use of force: Force by staff can only be used as a last resort or in emergencies and must be proportional to the situation. Non-lethal weapons and restraints are preferred.

Protections for vulnerable groups: Pregnant women, juveniles and others have restrictions on housing with adult prisoners and additional programming requirements.

Unscheduled inspections

To keep the corrections department on the right path, the DOJ will stage unannounced inspections and investigations to ensure compliance with constitutional standards. That is the only one we can avoid returning to old, inhumane ways, which is so easy to do .

In short, this clearance by the DOJ demonstrates Miami-Dade’s commitment to operating its detention facilities lawfully and justly.

The announcement is an important milestone that validates the progress made within the county’s jail system.

Meeting the demands of the DOJ consent decree ensures Miami-Dade jails serve our society’s highest principles of justice and human rights.

This editorial was corrected to reflect the actual violations that prompted the Department of Justice investigation at Miami-Dade Corrections and Rehabilitation Department.

This story was originally published November 14, 2023 at 4:00 AM.

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