Health Care Ethics in the Prison Setting
June 14, 2021June 9, 2021
Emily Wang, MD, MAS
Associate Professor of Medicine, Yale School of Medicine
Director, SEICHE Center for Health and Justice
Director, Health Justice Lab
Information
- ID
- 6713
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Transcript
- 00:00Good evening everyone.
- 00:01Welcome to the program for
- 00:04Biomedical Ethics at Yale School
- 00:06of Medicine's Final Evening Ethics
- 00:08seminar of the academic year.
- 00:10We have the distinct pleasure
- 00:12of having doctor Emily Wang
- 00:14come to speak with us tonight.
- 00:17I will be speaking more about
- 00:19her expertise in just a minute,
- 00:22but first, I wanted to just go
- 00:25over some basic some basics in
- 00:27terms of the structure of tonight.
- 00:30First, you may notice I am not Mark Mercurio.
- 00:35I am taking his his place tonight
- 00:37but on behalf of him Mark Mercury
- 00:40or the director of the Program for
- 00:43Biomedical Ethics Ethics and my Co
- 00:47associate Director Jack Hughes and
- 00:49our program manager Karen Kolb.
- 00:51Again, I'd like to thank everyone
- 00:54for coming tonight.
- 00:56We're going to have about 45
- 00:59minutes of lecture.
- 01:00And that will be followed
- 01:02by about 45 minutes of Q&A.
- 01:04I invite everyone to submit
- 01:06their questions in the Q&A box
- 01:08at the bottom of the screen.
- 01:10I think everyone zoom expert by now,
- 01:12for better or for worse,
- 01:14and I will be moderating the session
- 01:16by asking the questions to Doctor Wang
- 01:18after she's she's finished presenting.
- 01:20As always,
- 01:21we have a hard stop at 6:30,
- 01:23so I apologize if I don't get
- 01:26to your question in time,
- 01:28but I want to make sure that we
- 01:31respect everyone's time here.
- 01:32And so I will try to select questions
- 01:34that get a different aspects of
- 01:36what we're discussing tonight,
- 01:38but my again,
- 01:39my apologies in advance if I
- 01:41do not get to yours.
- 01:43So now, without further ado,
- 01:45I'd like to introduce Doctor Emily Wang.
- 01:48Doctor Wang is a professor in the
- 01:50Yale School of Medicine and Public
- 01:52Health and directs the new Safe
- 01:54Center for Health and Justice.
- 01:56The Safe Center is a collaboration
- 01:58between the Yale School of
- 02:00Medicine and Yale Law School,
- 02:02working to stimulate community
- 02:03transformation by identifying
- 02:04the legal policy and practice
- 02:06levers that can improve the health
- 02:08of individuals and communities
- 02:09impacted by mass incarceration.
- 02:11She leads the Health Justice
- 02:13Lab research program.
- 02:14Which receives NIH funding to
- 02:16investigate how incarceration excuse me.
- 02:18Incarceration influences chronic
- 02:19health conditions including
- 02:20cardiovascular disease,
- 02:21cancer,
- 02:22and opiate opioid use disorder and
- 02:24uses a participatory approach to
- 02:26study interventions which mitigate
- 02:28the impacts of incarceration.
- 02:29As an internist she is cared for
- 02:32thousands of individuals with a
- 02:34history of incarceration and is
- 02:36co-founder of the Transitions Clinic Network,
- 02:39a consortium of 45 community health
- 02:41centers nationwide dedicated to
- 02:42caring for individuals recently
- 02:44released from correctional facilities.
- 02:46By employing community health workers
- 02:48with histories of incarceration,
- 02:49Doctor Wang Co.
- 02:50Chaired the National Academy
- 02:51of Sciences consensus report on
- 02:53Decarceration correctional facilities.
- 02:55During COVID-19,
- 02:55the steering committee on improving
- 02:57collection of indicators of criminal
- 02:59justice system involvement in
- 03:01population health data programs and
- 03:03workshops on health incarceration
- 03:04and means of violence.
- 03:05Her work has been published in The Lancet.
- 03:08JAMA American Journal of Public
- 03:10Health and Health Affairs and
- 03:12showcased in national outlets
- 03:13such as the New York Times,
- 03:15NPR, and CNN. Doctor Wang is a Navy
- 03:18from Harvard University and MD from
- 03:20Duke University and an MA S from the
- 03:22University of California, San Francisco.
- 03:24Doctor Wang take it away and
- 03:26thank you again for being with
- 03:28us. Thank you so much and thank you
- 03:30guys for joining on a 5:00 PM where you
- 03:33know most folks would be having dinner
- 03:35at home or hustling home, so I really
- 03:38appreciate the opportunity to be here.
- 03:40It's a real privilege and to discuss a
- 03:43little bit of our work and kind of some
- 03:46ethical issues that were grappling with.
- 03:48This evening so you know,
- 03:52I start here and I think you know,
- 03:55the last year has really shown us
- 03:57through the deaths of Brianna Taylor,
- 03:59George Floyd, and the cluster outbreaks
- 04:02of COVID-19 in prisons and jails.
- 04:04It's brought into public view,
- 04:05the serious health risks
- 04:07of mass incarceration.
- 04:08This is literally a matter of life and
- 04:10death for the millions of individuals
- 04:12in the US who passed through jails
- 04:15and prisons each and every year.
- 04:17I say this in all sincerity
- 04:19that it it's depressing.
- 04:21It's hard to think about.
- 04:23And also I think it's here that as
- 04:25a health system and as a School of
- 04:27Medicine that we really can exert
- 04:29our collective powers in dismantling
- 04:31these health harming structures
- 04:33through science and clinical care.
- 04:34And so you know,
- 04:35before I kick off my more formal remarks,
- 04:38I thought I would just introduce
- 04:40the safe center.
- 04:41What we're up to,
- 04:43which kicked off in June during the pandemic.
- 04:46So Sarah described,
- 04:47you know, the safe center.
- 04:49It's named after states wave,
- 04:51and it's illustrated here.
- 04:52It's a wave that emerges from
- 04:54stagnant water and I want to be
- 04:57responsible for this cool name,
- 04:58but it's actually members of my
- 05:00center that thought about this
- 05:02stagnant water and it results from
- 05:04the interference of two waves that
- 05:06are traveling in opposite directions,
- 05:08disrupting the status quo.
- 05:09So the center, in its conception,
- 05:11is really aiming to disrupt the status
- 05:14quo between two systems that the
- 05:16carceral system in our health system.
- 05:18With the explicit goal of decarceration
- 05:22or dismantling that carceral system.
- 05:25Decarceration and it's kind of
- 05:27most fundamental term is kind of
- 05:29the opposite of incarceration,
- 05:31and involves government policies and
- 05:33community campaigns to reduce the
- 05:35number of people held in custody or
- 05:37under custodial supervision in the US.
- 05:39And, you know,
- 05:40currently in the last 15 years
- 05:43that I've been at it,
- 05:44we're in a place where there's really
- 05:47bipartisan support of decarceration
- 05:48that it's generally acknowledged
- 05:50that mass incarceration has been
- 05:53a failed social policy and costs
- 05:54our society far too much.
- 05:56So for successful decarceration,
- 05:58I think the key thing that's you know,
- 06:01often lost in conversations about this,
- 06:04is that it requires not just
- 06:06criminal justice reform,
- 06:07but a robust social safety net system,
- 06:10which of course then includes
- 06:12our Community health system.
- 06:14So how do health systems?
- 06:15How does at the healthcare infrastructure
- 06:19actually take part in decarceration?
- 06:22And so our mission,
- 06:23then at the center is really to
- 06:25advance health and well being for
- 06:28those impacted by mass incarceration.
- 06:30We're committed to dismantling
- 06:32systems of racism enacted through mass
- 06:34incarceration and other forms of oppression.
- 06:36Building HealthEquity through four
- 06:38different domains, clinical care, research,
- 06:40education and legal scholarship and advocacy.
- 06:43And so, at the core is our
- 06:46transitions clinic program.
- 06:47It's a primary care program that targets
- 06:50individuals that have returned home from
- 06:53correctional systems and at its core,
- 06:55and I like sharing this program.
- 06:57Doctor Lisa puglisi.
- 06:58She's leads or transitions
- 07:00clinic network in Connecticut.
- 07:02A patient of ours and also community
- 07:05health worker Jerry Smart,
- 07:06a longtime friend and colleague.
- 07:08He's a community health worker who
- 07:11himself has been incarcerated and.
- 07:13It's this triumphant,
- 07:14that kind of dictates.
- 07:16Care the delivery of care to people
- 07:18that return home from prison that
- 07:21acknowledges that oftentimes the
- 07:23most important person in the room,
- 07:25in addition to the patient,
- 07:27is Jerry someone that builds trust
- 07:30in the system and helps individuals
- 07:32navigate the health care system
- 07:35and the social service system.
- 07:37Through the years, our network has grown.
- 07:40We are now with 45 programs in 14
- 07:43States and Puerto Rico have provided
- 07:45care to release thousands of people
- 07:47returned home from corrections,
- 07:49and it's an example at one of few
- 07:52of health system intervention
- 07:53that really helps decarceration.
- 07:56We conducted randomized trials and
- 07:57have studied kind of how primary care
- 08:00based intervention reduces people's
- 08:02future contact into the criminal
- 08:04justice system and are working
- 08:06really closely with policymakers
- 08:07and Community health systems.
- 08:09Especially payers like Medicaid to
- 08:11implement and scale the program, and so here.
- 08:14In Connecticut there's three programs,
- 08:16one in Bridgeport, one in Hartford,
- 08:19with plans to scale more.
- 08:22It's this clinical care then,
- 08:24that really then informs our education,
- 08:27our legal scholarship,
- 08:28and the research we do.
- 08:29Currently we have a research program
- 08:32that's really focused on the top
- 08:34causes of morbidity and mortality
- 08:36among individuals that are return
- 08:38home from prisons and jails,
- 08:39and that's overdose, heart disease,
- 08:41cancer, gun violence, COVID-19.
- 08:43We have a robust educational
- 08:45component that spans across both the
- 08:48School of Medicine but also other
- 08:50schools and so at any given day,
- 08:52this picture here in the corner.
- 08:54We have students from nursing from
- 08:56the School of Public Health from the
- 08:59law school from psychology and are
- 09:01really trying to think about how it
- 09:03is that we inform the education of
- 09:06young learners to learn about the
- 09:08health impacts of mass incarceration as
- 09:10well as to take part in mass campaigns
- 09:13for decarceration and especially to
- 09:15bring that learning into prisons and jails.
- 09:17Starting not this year,
- 09:18but next year we're going to
- 09:20hopefully partner with the Yellow
- 09:22Prison Education Initiative to
- 09:24bring this teaching inside.
- 09:26And then lastly,
- 09:27have partnerships with the Justice
- 09:29Collaboratory and the Solomon Center
- 09:30to think about how it is that we both
- 09:33provide individual legal supports to
- 09:35the patients that we see in clinic.
- 09:37But also think about what are the
- 09:39kind of larger structural barriers
- 09:41that are really impeding the health
- 09:43of our patients that return home and
- 09:45how it is that we can support both
- 09:48state level and federal policies
- 09:49to create healthier communities.
- 09:51The center is made up of
- 09:53primarily Yale faculty,
- 09:54students and staff have all been
- 09:56personally impacted by mass incarceration.
- 09:58And I'll tell you that it's through
- 10:00colleagues at the center and throughout
- 10:03our transitions clinic network,
- 10:04most of whom have been incarcerated
- 10:06that has transformed my view of
- 10:09healthcare research, the ethics,
- 10:10morality, and the justice,
- 10:12really that undergirds our work.
- 10:15And so you know,
- 10:16for the remaining kind of 30
- 10:19minutes what I'm hoping to do
- 10:21is share with you some of the
- 10:25epidemiology of incarceration.
- 10:27Then to discuss health care
- 10:29in correctional facilities,
- 10:30health risks of incarceration
- 10:31and touch on an ethical issue
- 10:34that we're really struggling with
- 10:35right now in our state center of
- 10:38COVID-19 and the ethics of research
- 10:40in correctional systems and then
- 10:42end with concluding thoughts.
- 10:44And I start with this beginning
- 10:46just to say that we are excited
- 10:48and interested in partnerships
- 10:50would really welcome at more folks
- 10:53really putting kind of our best
- 10:55brains and efforts forward and so.
- 10:58Yeah well, this will be brief.
- 11:00My hope is little tempted enough
- 11:02to really understand the important
- 11:04parts of bioethics and ethics
- 11:06in this work that we're doing.
- 11:09Alright,
- 11:09so to start.
- 11:10So there's currently about 7,000,000
- 11:12individuals who are under the
- 11:14jurisdiction of the criminal justice
- 11:16system in the US and that's about
- 11:182.2 million that are behind bars at
- 11:20any given day in jails and prisons
- 11:22and then about a four million plus
- 11:24that are under a community system
- 11:27of supervision of partial control.
- 11:29And so I'll just start with some
- 11:31definitions just to make sure that
- 11:33everyone kind of understands these terms.
- 11:35Jails house those who are
- 11:37waiting adjudication of crimes.
- 11:38And then also those who are have
- 11:41been sentence and typically serving
- 11:42sentences of less than a year.
- 11:45And so while there's like 700,000
- 11:47individuals in jail at any given time,
- 11:50there's a huge throughput in
- 11:51and out of our nations jail.
- 11:54So about anywhere from 7 to 11 million.
- 11:56Move through our jails and prisons,
- 11:59house those who have been
- 12:00sentence of a crime.
- 12:02Typically sentence is of greater than a year,
- 12:05and then the majority of individuals are
- 12:07in this community system of control so.
- 12:10After probation,
- 12:11people that have been sentence of
- 12:13a crime that serve their sentence
- 12:15in the community and then parole
- 12:17constitutes those who've served a
- 12:19portion of their sentence in prison
- 12:21and then return home to parole.
- 12:23All told,
- 12:24one out of every about 33 adults
- 12:26in this country are under the
- 12:28criminal justice systems control.
- 12:30The correctional population is really
- 12:32tripled in the last three to four decades,
- 12:35and there are a number of
- 12:37reasons that explain this.
- 12:38This includes mandatory sentence
- 12:40Ng He is a war on drugs that the
- 12:43institutionalization of the mentally ill,
- 12:45and so when you look at
- 12:47a population standpoint,
- 12:48it's about 63 million individuals in this
- 12:52country that have a criminal record.
- 12:55US incarcerates more people than
- 12:56any other country in the world.
- 12:58The rate exceeds that of all
- 13:00countries in the world,
- 13:01and so these data come from a paper
- 13:03that Chris Wildeman and I wrote that
- 13:05was published in The Lancet and
- 13:07it's just to point out that here
- 13:09up in the upper left hand corner,
- 13:10if you see the United States,
- 13:12this is the rate of incarceration
- 13:14over the past three decades,
- 13:15and this is compared to 20
- 13:17countries in the EU.
- 13:18And so you know.
- 13:19I recently prior to the pandemic had
- 13:21the opportunity to go to Finland and
- 13:23there when they talk about Finland.
- 13:25Finland is like out of control.
- 13:27Their cultural system is raging
- 13:28and you can see it's essentially
- 13:30a flat line compared to the US.
- 13:37Those who are incarcerated are
- 13:38disproportionately poor men of color.
- 13:40These data come from this sentence
- 13:41Ng project and So what they did
- 13:44was estimated using life table
- 13:45measurements among people born in 2001,
- 13:47what's the lifetime?
- 13:48Likelihood of imprisonment and they broke
- 13:51this down by race and as well as gender.
- 13:53And So what you can see is that
- 13:55if you look at men born in 2001,
- 13:58one out of nine men have a
- 14:00lifetime history lifetime.
- 14:01Likelihood of being in prison.
- 14:03So this doesn't even account for
- 14:05time in jail, just imprisonment.
- 14:06You break it down by race and you
- 14:09see that white men have a one in
- 14:1217 lifetime likelihood for black
- 14:13men born in this country in 2001,
- 14:16they have a one out of three lifetime
- 14:18likelihood of being imprisoned.
- 14:20And that statistic always kind
- 14:21of blows my mind for Latino men.
- 14:24One in six women are far less
- 14:25likely to be incarcerated,
- 14:27but again,
- 14:28you see this racial disparity
- 14:29in incarceration.
- 14:30Black women were much more likely to be
- 14:33incarcerated as compared to white women.
- 14:37So based on the work of a
- 14:40sociologist Becky Pettit,
- 14:41the New York Times ran a headline a
- 14:44few years back that said that at a
- 14:47population level, about 1.5 black,
- 14:491.5 million black men are missing from
- 14:52daily life between the ages of 25 and 54,
- 14:56either 'cause they're dead
- 14:57or they're incarcerated.
- 14:58This is one of the infographics from that
- 15:02article showing that in places in yellow,
- 15:04black men are more likely.
- 15:06To be disproportionately missing
- 15:08and in purple that they're more
- 15:10likely to be overrepresented,
- 15:12so you can see that there's a predominance
- 15:15of missing black men really in the South.
- 15:18While it's long been known that
- 15:20black men are more likely to
- 15:22be locked up and die young,
- 15:24the scale of this combined toll
- 15:27from a population standpoint is
- 15:29large more than one out of 6 black
- 15:31men aren't around to be parents,
- 15:33husbands working,
- 15:34citizen's high imprisonment
- 15:35accounts for black.
- 15:37The higher imprisonment of black men
- 15:39accounts for about 600,000 of the men
- 15:42who are missing and then early death
- 15:45is thought to account for 900,000.
- 15:47So Homicide is the leading cause of death
- 15:51for young black men and heart disease.
- 15:54For those over 30,
- 15:55this doesn't just have impact
- 15:57on the health of black men,
- 16:00it also has impacts for families.
- 16:02So it's estimated that about 63%
- 16:05of black individuals in the US.
- 16:08Have an immediate family member,
- 16:10so either spouse,
- 16:11a child who's ever been incarcerated
- 16:14and this compares to 45% of
- 16:16individuals in the US overall.
- 16:19So all this is to say is that in
- 16:21that incarceration the experience
- 16:23of incarceration has an incredibly
- 16:26wide reach in our country,
- 16:29especially among poor communities of color.
- 16:31And while we rarely discuss
- 16:34incarceration and its intersections
- 16:35with health and the health system.
- 16:38I would say that it perhaps has the
- 16:40largest bearing on our ability to
- 16:42achieve HealthEquity and racial justice.
- 16:46And so I'm going to dig into
- 16:48this a little bit more.
- 16:50So for this deposition to be true,
- 16:52you know incarceration must
- 16:53directly impact patients health,
- 16:55and you know, I have to say I've been
- 16:57doing this for a really long time,
- 16:59and I often get kind of a
- 17:01doubtful questioning around it.
- 17:03So from doctors.
- 17:03And then I get asked all the time,
- 17:06you know, how is the care of people
- 17:08that have been incarcerated any
- 17:09different than those who are homeless?
- 17:12Those who are poor,
- 17:13those that have substance use disorder.
- 17:15From researchers I I get it phrased a
- 17:18little differently so you know they're
- 17:20really asking kind of questions of causality.
- 17:22Is incarceration actually an independent
- 17:23risk factor for poor health outcomes?
- 17:25And you know,
- 17:26I've I've settled out at this point in
- 17:29my career of saying that, you know,
- 17:31will really maybe never know.
- 17:32You know,
- 17:33you're not going to have a
- 17:35setting where randomizing folks to
- 17:36incarceration is as a possibility,
- 17:38and So what I'm hoping to do is
- 17:40just share with you a few pictures
- 17:42to give you an inside look on
- 17:45what health care looks like.
- 17:46Behind bars and try to come into on Facebook.
- 17:50Liberty alone that exposure to
- 17:52incarceration is a distinctly unique
- 17:54experience that impacts patients health.
- 17:58So these pictures all come from within
- 18:01San Quentin Prison in California.
- 18:03It's where I had a lanja tude.
- 18:06No primary care practice as
- 18:08an internal medicine resident.
- 18:09So San Quentin is one of the largest and
- 18:12oldest prison systems in California,
- 18:15and I had my primary care practice
- 18:17there for three years among at the 1200
- 18:21individuals that were on death row,
- 18:23and what blew my mind really was that,
- 18:26you know.
- 18:27It's one of the only places in the
- 18:30US prior to the Affordable Care
- 18:32Act where a healthcare primary care
- 18:36is constitutionally guaranteed.
- 18:3880% of individuals who are incarcerated
- 18:40have a chronic health condition that
- 18:43warrants launched to no primary care.
- 18:46This includes, you know,
- 18:47conditions like hypertension,
- 18:49asthma, diabetes.
- 18:49That, of course includes communicable
- 18:52diseases like HIV and hepatitis C.
- 18:54It also includes substance use
- 18:56disorders and mental health conditions.
- 18:59All told,
- 18:59it's about 80% and about 40% of
- 19:02individuals are newly diagnosed
- 19:03with a health condition when their
- 19:05first incarcerated and so for
- 19:07young black men in this country.
- 19:09This often the the prison and jail
- 19:12system and the health care system in bed.
- 19:14And that is their first contact with
- 19:17the health care system as an adult.
- 19:22But the delivery of care is completely
- 19:24different, and so this is a photo
- 19:26of a primary care clinic and I
- 19:28just want you to take a good look,
- 19:31especially those of you who haven't
- 19:33practiced in prisons and jails
- 19:34at kind of just the construction
- 19:36of the primary care clinic.
- 19:38So this guy here,
- 19:39who's getting his nebulae zehrs waiting
- 19:41to see the doctor and right next to him,
- 19:44is another patient who's waiting in a cage.
- 19:46Correctional officers,
- 19:47you can see one right there often
- 19:49accompany incarcerated people to all
- 19:50medical appointments there often.
- 19:52In the doctors room with them,
- 19:54many patients individuals are
- 19:56woken up by correctional officers
- 19:58to make the medication in line,
- 20:00and so the whole healthcare system
- 20:02behind bars isn't, you know,
- 20:04it's part and parcel of the
- 20:07criminal justice system.
- 20:08In fact,
- 20:09it's kind of under the correctional system,
- 20:11and so by and large,
- 20:13when you think about decisions
- 20:15that are made about how it's not
- 20:18healthcare leaders or or physicians
- 20:20that are making those decisions.
- 20:22It often, at the sheriffs, the correctional.
- 20:27The commissioners that are making
- 20:29decisions about what meds are available,
- 20:31whether patients can see certain specialists,
- 20:33how much they're willing to
- 20:35expend on health care.
- 20:37And so again,
- 20:38how care is delivered behind
- 20:39bars is quite different than
- 20:41how you might imagine it.
- 20:43In the how it is in the community.
- 20:49Of course, while there's a constitutional
- 20:51guarantee to care that access is
- 20:53limited by institutional policies,
- 20:54and so I share with you this photo,
- 20:57this is a pink slip to kite that patients
- 21:00have to fill out when they have a complaint.
- 21:03An urgent complaint that needs
- 21:05to be addressed, and at the time
- 21:07when I was practicing California,
- 21:09this doesn't happen there now,
- 21:11but it happens.
- 21:12Another correctional systems.
- 21:13This slip is filled out by a
- 21:15person who's incarcerated.
- 21:17Then it's next evaluated by.
- 21:18A correctional officer,
- 21:19the correctional officer thank you know,
- 21:21evaluates to see if
- 21:22there's medical necessity.
- 21:22Then it goes to a nurse and
- 21:24then it goes to a provider and
- 21:26so you can see that while there
- 21:27is a constitutional guarantee,
- 21:29access is really different.
- 21:30So in the community,
- 21:31if you have to see the doctor
- 21:33and you need to see the doctor,
- 21:35he can always roll up into the
- 21:37emergency department and you know
- 21:38you'll be seeing it might be a wait,
- 21:40but you'll be seeing here.
- 21:41You can't decide the doctor you wanna see.
- 21:43You can't even decide when you
- 21:45wanna see and it's filtered
- 21:46through a correctional officer.
- 21:47The other thing that's important
- 21:49to note is that.
- 21:50For instance,
- 21:51in Connecticut there's about a
- 21:53$3 copay to see a physician,
- 21:55and you know you might be thinking like,
- 21:58well, what's 3 bucks?
- 22:00Well,
- 22:003 bucks is equivalent to
- 22:02about four days worth of work
- 22:04within the prison system here,
- 22:06and so you know if you're
- 22:09lucky enough to have a job,
- 22:11and so it's a significant
- 22:13barrier to see a provider,
- 22:15especially when you have
- 22:16to pay the $3 copayment.
- 22:22And the very conditions of confinement,
- 22:25of course, can then promote ill health.
- 22:27And so this picture is taken in the
- 22:30reception center at San Quentin and
- 22:32you know they were so overcrowded
- 22:35at the time that people were
- 22:37triple bunking in the gymnasium.
- 22:39So about, you know if you look at
- 22:41Bureau of Justice statistics right now,
- 22:44about 40% of correctional systems are,
- 22:46you know, technically over capacity, right?
- 22:48So which of course then can lead
- 22:51to the transmission of infectious
- 22:53diseases like COVID.
- 22:54But also sparked tensions and violence.
- 22:57When you have this,
- 22:58many young folks crowded together.
- 23:01It's not just the overcrowding either,
- 23:03it's that many,
- 23:04many of these prisons and jails.
- 23:07There's 5000 across the country
- 23:09really utilized congregate space,
- 23:11and so again, you know,
- 23:13even if a prison or jail isn't over capacity,
- 23:16oftentimes the living conditions,
- 23:18the eating where they shower or are
- 23:21all congregate an again can lead to
- 23:24the transmission of other diseases.
- 23:29This photo here is of a patient with COPD,
- 23:33whose ox independent and he's being
- 23:35held at in Solitaire E confinement,
- 23:37so he spends his 23 hours a day without
- 23:41any human contact in an 8 by 6 foot cell.
- 23:45This patient I can remember you
- 23:47would hear as you walk by his
- 23:50self and damning on the door.
- 23:52Every single you know sometimes it
- 23:54be minutes, sometimes it be ours,
- 23:57but every single time.
- 23:59The oxygen tubing got kinked and
- 24:01he no longer could breathe and
- 24:03I think you know this for me.
- 24:06This photo is really telling of
- 24:08how healthy individuals health are
- 24:10prioritized that you know in carceral
- 24:13systems its safety, its control,
- 24:15it's punishment that are the values
- 24:17that really go before a person's health,
- 24:20and what I often, you know,
- 24:22think about,
- 24:23and I think it's important to think
- 24:26about is that if this is the only way.
- 24:30That this patient has seen doctors
- 24:32like doctors and nurses were
- 24:33passing by this cell all the time.
- 24:35How much trust can a person
- 24:37have in the healthcare system?
- 24:39How much trust you know when they come home?
- 24:41Will they be willing to engage in care?
- 24:47And so you know, given this and I've
- 24:50described both kind of the delivery
- 24:51of care and then also the physical
- 24:54environment of Corrections really should
- 24:56be no surprise that COVID-19 wreaked
- 24:58havoc in our nation's prisons and jails.
- 25:0090 out of 100 of the largest outbreaks
- 25:03took place in correctional facilities.
- 25:05And again, these are the largest
- 25:07until college is opened.
- 25:09But as a result of this,
- 25:11hundreds of thousands of people
- 25:13who are incarcerated and those that
- 25:15work in corrections dot COVID.
- 25:17So here are data from earlier
- 25:19on in the pandemic.
- 25:21Sorry, the figure legend went away,
- 25:23but the blue here is incarcerated people.
- 25:25The red here staff and then the
- 25:28green is the general population
- 25:29and what you can see here is that
- 25:32incarcerated people in staff had
- 25:34about a three to five times higher
- 25:37rates of contracting COVID-19
- 25:39compared with the general population.
- 25:41In a published study that was
- 25:43published in JAMA and last year,
- 25:45they found that the COVID-19 adjusted
- 25:47death rate in the prison population
- 25:49was about three times higher
- 25:51than in the general population.
- 25:53And so you know, you might expect then,
- 25:56of course,
- 25:57that the risk for transmission is
- 25:58quite high in correctional systems.
- 26:00We worked with colleagues at Stanford
- 26:02to design an SCR model to really look at
- 26:05kind of transmission transmissibility,
- 26:07in a large urban jail.
- 26:09So calculating you know what we all
- 26:11talked a lot about in the last year
- 26:13is the basic reproduction ratio,
- 26:15and on the Y axis is just the incident
- 26:18COVID-19 infections from this urban jail,
- 26:20the X is the day since the outbreak,
- 26:23and just a whole new in.
- 26:25But we did find was that the beginning of
- 26:28the pandemic within this large urban jail.
- 26:32They are not the basic reproduction
- 26:34ratio was 8.3,
- 26:35so for every one person infected,
- 26:38eight others got infected and this is
- 26:40a rate that's higher than the cruise
- 26:44ships or any other congregate setting
- 26:47in the country that's been described.
- 26:50And so while the health care delivery
- 26:52system and the conditions of
- 26:54confinement certainly played a large
- 26:56role in these cluster outbreaks,
- 26:59COVID-19 I think also is a story
- 27:01of how correctional health systems
- 27:03really fall entirely out of our
- 27:06public health system infrastructure.
- 27:08So this is a picture of an incarcerated
- 27:11woman sewing her facilities masks
- 27:13during COVID-19.
- 27:14Most correctional systems were
- 27:16strapped to provide care they didn't
- 27:18have the personnel.
- 27:20They didn't have the budget for
- 27:22additional testing or equipment
- 27:23or personal protective equipment.
- 27:25They didn't have guidance from our
- 27:27our national centers of Disease
- 27:28Control on how best to protect
- 27:31incarcerated people are workers.
- 27:32Given the constraints of their facilities,
- 27:34many correctional systems contract
- 27:36out their diagnostic testing to
- 27:38outside vendors or community health
- 27:40systems and their source code.
- 27:41V2 testing was deprioritized so oftentimes,
- 27:43even if they had testing available,
- 27:45they had to wait 14 days to get
- 27:49the results back.
- 27:50And I just want us to think about
- 27:53this contrast ING list to what
- 27:55happened in nursing homes and long
- 27:57term care facilities which were also
- 27:59the sites of large cluster outbreaks.
- 28:02Nursing homes, of course,
- 28:03were prioritized for testing their
- 28:05prioritized for vaccinations.
- 28:06Of course, correctional systems were
- 28:08not guidance was also forthcoming
- 28:10and centers the Medicare and Medicaid
- 28:13services compelled data capture from
- 28:15all of these nursing homes early
- 28:16in the pandemic to better drive
- 28:19response to the spread of disease.
- 28:21Within those facilities,
- 28:22so we knew about what was going
- 28:26on in those facilities.
- 28:28But not in correctional systems,
- 28:30and so for us, this raised all sorts
- 28:33of questions within our center.
- 28:36How best we could protect our patients,
- 28:39families and their communities from COVID-19,
- 28:41we quickly turned to the literature and what
- 28:44you find is that for incarcerated settings,
- 28:48there's almost nothing about pandemics.
- 28:50Past very limited research on H1N1,
- 28:53for instance.
- 28:54Very little into research on an
- 28:56even vaccine vaccine uptake.
- 28:59And from my vantage point
- 29:01at this is a deep injustice,
- 29:04and so where our team started at
- 29:06to shift was really trying to
- 29:09interrogate the ethics of conducting
- 29:11research in correctional systems.
- 29:14And especially what this meant during COVID.
- 29:18And So what I wanted to do is kind of
- 29:21take you through a work in progress.
- 29:24Some work that we're working on
- 29:26as some work that we're thinking
- 29:28through about the ethics of research,
- 29:31but especially the ethics of
- 29:33clinical trials during COVID and
- 29:34correctional systems to start at,
- 29:36just say that you know probably
- 29:38most of you are familiar with this,
- 29:41but there is a real long and brutal
- 29:43history of conducting research in
- 29:45commercial systems in our modern history,
- 29:48so.
- 29:48More than 90% of phase one clinical
- 29:51trial studies of you know new drug
- 29:54safety in the US were conducted
- 29:56in commercial systems in night
- 29:58and before the 1960s.
- 30:00At that time,
- 30:01incarcerated individuals were enrolled
- 30:03without any informed consent.
- 30:04In any federal oversight of the studies,
- 30:07and so in the 1970s,
- 30:09then,
- 30:09this changed the National Commission for
- 30:12the Protection of Human Subjects in Bio
- 30:14Medical and Behavioral Research Institute.
- 30:16A moratorium on research that
- 30:18involved the testing of drugs and
- 30:21vaccines with impartial systems.
- 30:23The Commission then recommended that
- 30:25research involving prisoners that pose
- 30:27more than a minimal risk that wasn't
- 30:30studying the process of incarceration
- 30:32that didn't directly improve the
- 30:33health or well being of individuals.
- 30:36Prisoners shouldn't be
- 30:37conducted unless there was,
- 30:39you know,
- 30:39a really compelling reason.
- 30:41Further,
- 30:41they stated that the federal research
- 30:44had to begin overseeing such research
- 30:46through a Subpart C common rule.
- 30:48There were now prisoner,
- 30:50IRB stipulations,
- 30:51and what this essentially meant was
- 30:53that individual researchers who wanted
- 30:55to conduct research among pop you.
- 30:58Nations that have criminal justice
- 31:00contact even for minimal research
- 31:03had to get additional approvals.
- 31:05Around that time,
- 31:06as you can see and I just present
- 31:09this figure at the bottom,
- 31:11the rates of incarceration were
- 31:13starting to climb and over like I said,
- 31:16the past three decades to four decades
- 31:18there's been a disproportionate
- 31:19incarceration of black people,
- 31:21here represented in the Orange
- 31:23Latinos and LeBron and then non
- 31:26Hispanic whites in the blue.
- 31:27Now of course this wouldn't be a
- 31:29problem if the health impacts of
- 31:32incarceration if there weren't any
- 31:34health impacts of incarceration.
- 31:36But there are and so you know
- 31:39what this means then is that.
- 31:42We are not as able to understand the
- 31:45health of black men or really kind of
- 31:48better understand health disparities,
- 31:49our country and so to prove this point.
- 31:52We did a study to explore how
- 31:55mass incarceration has impacted
- 31:56the study of heart disease.
- 31:58So it's a real focus of my initial work.
- 32:03What we did was really wanted to
- 32:05understand how incarceration might
- 32:07impact loss to follow up in these
- 32:09large cohort studies that have
- 32:11been funded by the National Heart,
- 32:13lung and Blood Institute.
- 32:14We identified all studies that
- 32:16followed participants for more than
- 32:18two years that enrolled both black
- 32:20and white participants followed them
- 32:22for two years and at a very bare
- 32:24minimum just wanted to see did they
- 32:27enroll any incarcerated people OK
- 32:28and so none of these studies did.
- 32:31Then we wanted to see that among
- 32:34those participants that.
- 32:35That were enrolled within the community,
- 32:37did they just follow them into
- 32:39car stration so you could at least
- 32:41see what happens when they go in
- 32:44and then follow them back out?
- 32:46None of them did,
- 32:47and then among these studies,
- 32:49only one study axed about exposure
- 32:51to incarceration at the very
- 32:53beginning of this study at the very
- 32:55beginning of their cohort study.
- 32:57And so because none of the studies
- 32:59measured any incarceration exposure,
- 33:01we had to estimate the possible
- 33:03incarceration rates based on
- 33:04participant demographics.
- 33:05And location of study and then looked
- 33:08at the proportion of the lost a
- 33:10follow up at that could be due to
- 33:13incarceration and so this figure
- 33:15here shows the data just for black
- 33:17male participants that are missing
- 33:19from health cohort studies and so on.
- 33:22the Y axis are the cohort studies
- 33:24and you know there's some that
- 33:26maybe all know the Mesa Jackson
- 33:28Heart study Cardia Eric.
- 33:30These are the ones that are really
- 33:33informing our understanding that the
- 33:35genealogy of heart disease, right?
- 33:36And in red you see the loss to
- 33:39follow up over time among black male
- 33:42participants and in the blue it's the
- 33:45estimated loss to follow up due to
- 33:47incarceration and what we found was
- 33:50that among black male participants
- 33:51at the last default Doodle Corporation
- 33:54ranged anywhere from 15 to 65%,
- 33:56with the largest in cardiac and
- 33:58the point that I want to make
- 34:01here is just one single study.
- 34:03Is that the scale that we've
- 34:06incarcerated in this country?
- 34:07At that,
- 34:08we've incarcerated over the last three
- 34:10to four decades has to be impacting
- 34:13our knowledge of racial health disparities.
- 34:15As most studies in this country don't
- 34:17follow people into prisons and jails
- 34:20and don't include institutionalized
- 34:21participants and don't include
- 34:23measures of incarceration so
- 34:24that we can even understand
- 34:26how exposure to the commercial
- 34:29system changes health outcomes.
- 34:32In 2003, the Institute of Medicine
- 34:34then was asked to revisit this issue,
- 34:37especially given the increase in the
- 34:40and the prison and jail population,
- 34:42and also the disproportionate incarceration
- 34:45of poor people of color and also the
- 34:48over representation of lots of diseases,
- 34:51including HIV and hepatitis C,
- 34:53behind bars, and so they had a number
- 34:56of recommendations and hearing list.
- 34:59Some of them is that.
- 35:02That instead of these categorical
- 35:04exclusions to research that there
- 35:06ought to be more considerations of
- 35:08the risks and participation versus
- 35:10the benefits of participation in
- 35:12any sort of health research studies.
- 35:15Secondly,
- 35:15they suggested that incarcerated
- 35:17people and Ann correctional leaders
- 35:19should be included in decision making,
- 35:21so there should be this notion or
- 35:24understanding of collaborative
- 35:25responsibility around these decisions.
- 35:27Another recommendation they made
- 35:28was to expand the Office of Human
- 35:31Research protections oversight.
- 35:33So there should be more federal.
- 35:35Boarding of where studies are
- 35:37being conducted,
- 35:38which studies are conducted in which
- 35:41you know correctional facilities
- 35:43and how many are being enrolled,
- 35:45so it may not be a surprise to
- 35:47any of you that none of these
- 35:51recommendations have taken hold,
- 35:53and there's still very little research
- 35:55that really is examining both exposure
- 35:57to incarceration nor including
- 35:59incarcerated people into studies.
- 36:04And so during the early part of
- 36:07the pandemic as vaccines had made
- 36:09their way through kind of phase
- 36:11one and phase two clinical trials,
- 36:14we were really motivated by
- 36:16members of our team who had,
- 36:19you know, some of whom there's Mr.
- 36:21Tina grown, who spent 30 years
- 36:24incarcerated to put forward a
- 36:25thought piece of perspective piece
- 36:27in JAMA looking at the ethical
- 36:30considerations for COVID-19 vaccine
- 36:32trials in correctional facilities.
- 36:34And we saw this at least as a need
- 36:35to start the conversation about the
- 36:37inclusion of incarcerated people and
- 36:39made a few recommendations again
- 36:41that incarcerated people ought to
- 36:43be in these decision making bodies.
- 36:45And, you know,
- 36:46pandemics will push us to kind of
- 36:48making urgent and fast decisions.
- 36:49And of course, that's a necessity.
- 36:51But it also should, you know,
- 36:53if you look back at history,
- 36:55know that another one is going to come,
- 36:58and so we should be having this
- 37:00conversation now.
- 37:00We also make the recommendation to
- 37:02really have a racial equity lens.
- 37:04I'm kind of clinical trials and
- 37:07correctional systems and clinical
- 37:09trials in general and turn to the
- 37:12literature on how rarely black
- 37:14people are included in clinical
- 37:16trials of cancer therapies,
- 37:18especially salvage care,
- 37:19cancer therapies,
- 37:20and how this too is an equity in
- 37:23our access to medications that do,
- 37:26preserve or could preserve life,
- 37:29we talk about ensuring the
- 37:31applications receipt of of vaccines,
- 37:33and ensuring the receipt of
- 37:35applications vaccines.
- 37:36You know,
- 37:37once a vaccine,
- 37:38if if a Correctional Facility or individuals
- 37:40to participate in a vaccine trial,
- 37:42then they should at least be able
- 37:44to get vaccines regardless if
- 37:46you participated after the trial,
- 37:48they should have aftercare after
- 37:50the Trump convenes.
- 37:51That certainly there should be a
- 37:53convening of a federal oversight board
- 37:55to oversee these vaccine trials,
- 37:56and then also the importance
- 37:58of studying implementation of
- 37:59vaccines and correctional system.
- 38:01So it shouldn't just be a trials of advocacy,
- 38:04but also how best to do it.
- 38:06How do you increase?
- 38:08Uptake.
- 38:11And then very quickly I
- 38:13received countless emails,
- 38:15really objecting to that
- 38:17perspective in a really well
- 38:19written piece by professor writer,
- 38:22she published, you know,
- 38:24and questioned whether or not a
- 38:27public health crisis justifies more
- 38:30research with incarcerated people
- 38:32and specifically laying out which
- 38:35I think is quite important that you
- 38:38can't truly have informed consent.
- 38:41In systems with deep structural coercion,
- 38:44her piece ends, you know, and I quote.
- 38:47But if the car show institution itself
- 38:49imposes extreme social deprivations,
- 38:52research participation among those
- 38:54incarcerated might never be ethical,
- 38:56and I think it's important you know I
- 38:58spent a good deal of this evening's
- 39:01talk talking about the deep social
- 39:04deprivations within the carceral system.
- 39:07But this end conclusion really
- 39:09gives me pause,
- 39:10especially because I'm surrounded.
- 39:12By people that have been incarcerated
- 39:15that know first-hand the structural
- 39:17coercion and that disagree with her
- 39:19statement that who feel strongly that
- 39:21the decisions that have made them
- 39:24by others who aren't incarcerated,
- 39:26strip them of their autonomy
- 39:28and their humanity.
- 39:29And so this letter has come in from
- 39:32an incarcerated student who listened
- 39:34to one of our station webinars on this
- 39:37issue and he writes describing an idea
- 39:40that he has for his own study and I quote.
- 39:44Another suggestion I have would
- 39:46follow my question, Idea,
- 39:48questionnaire, idea.
- 39:49Of course after gleaning data
- 39:52from it would be.
- 39:54To set up a pilot program of inmate
- 39:56volunteers who would either participate
- 39:58in ongoing clinical trials for
- 40:01COVID-19 or any virus of that matter,
- 40:03and it goes on and you know,
- 40:06I know that this is kind of a
- 40:08contentious issue of including
- 40:10incarcerated people clinical trials.
- 40:12But this letter and the voices
- 40:14incarcerated people really raised
- 40:16important questions of who is
- 40:18being excluded from research who
- 40:20reaps the benefits of research and
- 40:22why they haven't been included.
- 40:24Decisions about scientific governance.
- 40:27So we currently have a NIH grants
- 40:30looking at COVID-19 testing and
- 40:33prevention and correctional systems.
- 40:35A specific aim is really to identify
- 40:38ethical concerns and potential solutions
- 40:40to testing and vaccine strategies
- 40:43using a Community engaged strategy.
- 40:45And it's a real mixed group of researchers,
- 40:49physicians,
- 40:50historians.
- 40:50Legal scholars will note an ethicist
- 40:53in their psychologists,
- 40:54never incarcerated and formerly
- 40:56incarcerated individuals.
- 40:57Who constitute at the research team
- 41:00and together we've been really
- 41:02trying to grapple with this idea,
- 41:04which isn't new of expanding the
- 41:06frame of voluntariness in informed
- 41:08consent to include an acknowledgment
- 41:10of structural coercion.
- 41:11And, you know,
- 41:12we've gone so far as to really
- 41:15think about kind of, you know.
- 41:18You know, of course,
- 41:20consent is the legal term is it?
- 41:22Should it be a set like is is
- 41:25a cent more appropriate and of
- 41:27course ascent doesn't make sense.
- 41:30These are adults.
- 41:31There's no other legal authority
- 41:33that can stand in and then sign
- 41:35an consent and so had turned two
- 41:38decades worth of legal scholarship
- 41:40looking at consent and.
- 41:43In a police search for vehicles so you know,
- 41:46of course,
- 41:47when a police stop ****
- 41:49they've got a gun and they're asking
- 41:51for permission to search your vehicle.
- 41:53You have to consent.
- 41:55But of course this there's all
- 41:56sorts of structural coercion
- 41:58embedded in that voluntary consent,
- 42:00and so you know in the in many
- 42:03localities what they're now doing is
- 42:05an acknowledgment of that consent,
- 42:07like the police officer has to
- 42:09give the person a piece of paper
- 42:12saying that these are your rights.
- 42:14And you can choose not to consent.
- 42:17Professor Tracy mirrors that.
- 42:18The Yellow School has been doing much of
- 42:21this work for the last now two decades,
- 42:24and we thought that maybe that this
- 42:26would be a place that can inform our own
- 42:29notions of voluntariness in informed
- 42:31consent within health research forward.
- 42:33And So what we've tried
- 42:35to do is think through.
- 42:37And this is a real preliminary draft
- 42:40of a kind of social ecological model.
- 42:44Conceptualising the determinants of
- 42:45structural coercion within correctional
- 42:47systems and and how coercion would play
- 42:50out in health research and in particular,
- 42:52you can see these multiple different levels.
- 42:55Individual interpersonal, social,
- 42:56community and structural structure,
- 42:57of which there are many,
- 42:59many kind of coercive factors.
- 43:01But even at the individual level right now,
- 43:04or Arby's of course,
- 43:06have us think through mental health,
- 43:08cognitive impairment,
- 43:09health literacy, but length of them.
- 43:11Confinement might be a unique dimension too.
- 43:14Whether or not it the risks outweigh
- 43:17the benefits for certain individuals.
- 43:19Again, at the interpersonal level,
- 43:21thinking bout the researcher,
- 43:23participant,
- 43:23DYAD,
- 43:23the researchers understanding
- 43:25of structural coercion,
- 43:26there two might be a place of having
- 43:28kind of more bolstered supports that
- 43:32really acknowledging the structural
- 43:34coercion going all the way to the structural.
- 43:38Domains again,
- 43:38you know,
- 43:39really kind of being able to understand
- 43:41what is the quality of an access
- 43:44to health care within correctional
- 43:46systems before you start a health
- 43:49service health research trial?
- 43:50Do they have copayments?
- 43:52What's accreditation and governance
- 43:53look like?
- 43:54What are the conditions of confinement
- 43:57where the abilities to communicate
- 43:59with trusted people or even the
- 44:02ability to get access to information?
- 44:05And So what we've started thinking
- 44:07through is how a research plan,
- 44:10putting the onus on the researcher
- 44:12to address structural coercion,
- 44:14like even a checklist that you
- 44:16have to submit before an IRB or an
- 44:20acknowledgment of that structural coercion,
- 44:22and so at the individual level.
- 44:24For instance,
- 44:25perhaps that for certain trials there
- 44:27might be additional considerations
- 44:29of if a person, for instance,
- 44:32is right now convicted to serve.
- 44:34A lifetime behind bars their risk
- 44:37benefit ratio for participating in a
- 44:40clinical trial for a COVID-19 vaccine
- 44:42might be really different than the
- 44:44person that's just in and out of jails,
- 44:47and will be scheduled to be
- 44:50released within days, weeks,
- 44:52or even a year.
- 44:53We were thinking about kind of
- 44:55at the interpersonal level that
- 44:57maybe participants would sign an
- 45:00acknowledgement of the structural coercion,
- 45:02but researchers might maybe should
- 45:04complete a standardized training.
- 45:06Find structural coercion,
- 45:07acknowledging the different
- 45:08ways and how they've
- 45:10thought through this.
- 45:11Similarly, maybe, correctional officers
- 45:13should be thinking through this before,
- 45:16and it could be standardized training
- 45:18for correctional facilities that
- 45:20engage in research and then for the
- 45:23more structural issues you know.
- 45:25Again, going to COVID-19 vaccine trials,
- 45:28you couldn't, for instance,
- 45:30do a trial unless you could assure that
- 45:33you know no one would be doing a trial
- 45:37just to get access to COVID-19 testing.
- 45:40As a researcher,
- 45:41you would have to provide access to care,
- 45:44so access to COVID-19 testing for all,
- 45:47regardless of participation.
- 45:48Similarly,
- 45:48you know participation in COVID-19
- 45:50tiles shouldn't be your only way of
- 45:53getting information about COVID-19,
- 45:54and so you would as a researcher would
- 45:57be responsible for making certain
- 45:59that people had access to iPads,
- 46:01libraries,
- 46:01phone calls so that they could
- 46:03get information about COVID-19 or
- 46:05make decisions about participation
- 46:07with more information.
- 46:12But you know, I think our where we're
- 46:15landing and where we consistently
- 46:17land is that the critical importance
- 46:20of including currently and
- 46:22formerly incarcerated people in
- 46:24the governance of health research.
- 46:27We do this. We have a, you know,
- 46:30a representative within our IRB's.
- 46:33But really, thinking about kind
- 46:35of larger forms of governance and
- 46:39certainly in the decision making
- 46:41of whether or not individuals.
- 46:44As whether or not studies should be
- 46:46going on in correctional systems.
- 46:49I mean we turn to the 2003 IOM
- 46:51report and really kind of strike and
- 46:53land on the importance of having
- 46:56incarcerated people at the table
- 46:58discussing these broader policy's.
- 47:01You know, it's been in my process of,
- 47:04you know, me of working alongside
- 47:06my colleagues and friends,
- 47:08and this is a picture of our Community
- 47:10health workers within transitions clinic.
- 47:13That I've started to see this
- 47:14important view of that by not including
- 47:16incarcerated people in our data
- 47:18infrastructure and our public health
- 47:20data infrastructure in our systems.
- 47:21In our science, it too is a way of
- 47:23saying that their lives don't matter,
- 47:26and so you know.
- 47:29It's here though,
- 47:30that I think we're really kind
- 47:32of interested in having further
- 47:34conversation about what this would look
- 47:37like and how this would look like.
- 47:39Really.
- 47:39Recognizing and certain truth,
- 47:41which is that, of course,
- 47:43health care in most correctional
- 47:44systems is a form of structural violence,
- 47:47but you know.
- 47:49The bioethics of health research
- 47:51in correctional systems,
- 47:52I think should acknowledge,
- 47:53and really doesn't right now,
- 47:55deeply.
- 47:55But it should acknowledge and should
- 47:57attend to structural coercion.
- 47:59But I would argue that it shouldn't
- 48:01preclude incarcerated people's
- 48:02participation in research,
- 48:03and this is kind of the question at
- 48:05hand that the pandemic presents to us.
- 48:08And then lastly,
- 48:09I think if you're taking anything
- 48:10away from this talk is that including
- 48:13incarcerated people and the governance
- 48:14and the decision making of research
- 48:17is really critical to ensuring justice.
- 48:20I'm in it end with this photo
- 48:23and state this that you know I.
- 48:25I think like while for most of you
- 48:28I'd imagine on the web and are today,
- 48:32you don't practice in corrections,
- 48:33you don't conduct trials in
- 48:35prisons and jails.
- 48:37We can categorically look at the
- 48:39healthcare delivery behind bars
- 48:40and recognize that it's coercive,
- 48:42violent, and deeply unethical.
- 48:44But you know,
- 48:46I want to expand our thoughts
- 48:47about how our own practice in
- 48:49our community is compromised by
- 48:50the reach of the carceral system.
- 48:53And so you know,
- 48:53when I see a picture like this and
- 48:56the patient to shackle 2 rolls
- 48:57into our emergency department or
- 48:59in our clinical offices,
- 49:01why is it that we as a Community
- 49:03permit the shackling?
- 49:04See the power to correctional officers?
- 49:06Let them stay in the room.
- 49:08Why is it that we're not holding
- 49:10ourselves to the highest standards of care,
- 49:12honoring patients rights to privacy,
- 49:13or not autonomy, and so?
- 49:15You know,
- 49:16my hope is that our conversation
- 49:18today what we're engaging with the
- 49:20massage center you know which is
- 49:22largely focused today on clinical trials.
- 49:24Hopefully can open up conversations
- 49:27about how our practice as a whole.
- 49:30I want to change really recognizing
- 49:32the humanity and the millions of
- 49:34individuals that have been incarcerated
- 49:36and recognize the complicity that we
- 49:39have in a system that's health harming.
- 49:41So I'm going to stop here and take questions.
- 49:45I really appreciate the opportunity
- 49:46to talk this evening.
- 49:51Thank you so much Emily.
- 49:53That was a really eye opening
- 49:56talk that that you gave and you
- 49:59brought up a lot of really,
- 50:01really critical questions that that.
- 50:03I think many of us may not have
- 50:06asked ourselves because we are
- 50:08pretty insulated from the realities
- 50:11of the carceral system that
- 50:13you've really nicely illustrated.
- 50:16Would encourage participants to
- 50:18submit questions in the Q&A.
- 50:20I'm I'm going to start with with
- 50:23a question which is that you know
- 50:26it's it's clear that that as you've
- 50:28stated that the delivery of health
- 50:31care within the carceral system
- 50:33is is unethical in several ways,
- 50:36and I think you know this this idea
- 50:39what what you're proposing is that you know,
- 50:42in fact,
- 50:43while the idea of excluding prisoners
- 50:46from research is a way of protecting them,
- 50:49that in some ways that.
- 50:51That's a paternalistic.
- 50:55Impulse that actually strips them
- 50:56even more of dignity and autonomy
- 50:58than than they already are.
- 51:00And recognizing that there's
- 51:02structural coercion,
- 51:03but finding some way to sort of
- 51:05balance that with with prisoners
- 51:07seeking more autonomy and dignity,
- 51:09perhaps through contribution
- 51:10to research that may give them
- 51:12a sense of purpose,
- 51:13which often is linked to dignity,
- 51:16is really is really compelling.
- 51:17And just this idea that you're advancing
- 51:20that that prisoners should really,
- 51:22or that people who have been
- 51:24incarcerated in the past.
- 51:26In particular, should be greater
- 51:27stakeholders in these discussions.
- 51:29Yeah, go ahead,
- 51:29you know.
- 51:30I mean,
- 51:31I think like
- 51:32I just there's so many kind of
- 51:34conversations that I've been in through
- 51:36these years and you know, to me it's.
- 51:40I I think you hit the nail on
- 51:42the head that it's course we
- 51:45look at the commercial system.
- 51:46We look at health care delivery
- 51:48behind bars and you know there's
- 51:50parts that are just deeply grotesque,
- 51:52like there's just no other way to say it,
- 51:55right? It is a deep form,
- 51:57deep form of violence and and people
- 51:59that are incarcerated are are,
- 52:01you know, there's so many levels
- 52:03of deprivation and one is through
- 52:05the the delivery of health care.
- 52:07But I will say this is that you
- 52:09have been in conversations with.
- 52:12Colleagues that have been
- 52:13incarcerated where people who are
- 52:16incarcerated can't donate a kidney.
- 52:17To a loved one.
- 52:19You know, so they their ability,
- 52:21but but you know have kind of the
- 52:23ability to consent to like wave
- 52:25wave an attorney at trial, right?
- 52:27And so we're willing to kind of
- 52:29extend consent and voluntariness,
- 52:31and these notions of autonomy
- 52:32and personhood in one domain,
- 52:34and then totally unwilling
- 52:35to do so in another.
- 52:36And I think that that strikes at the core
- 52:39for me as like it's worthy of interrogation.
- 52:42Like, I don't know where it
- 52:44ought to settle and sit, I,
- 52:46I'm not even stating that I think I mean,
- 52:48I, I personally do think like.
- 52:50Course I sit on the side of we
- 52:52just have to too little knowledge.
- 52:54I wish I could figure out the best
- 52:56way to kind of administer vaccines
- 52:58and correctional facilities.
- 52:59There aren't good trials that there's just.
- 53:01You know, there's no knowledge there,
- 53:03but we have to start with saying like
- 53:05we just have to tackle the beer.
- 53:08Easy,
- 53:08like the question that's been there
- 53:10since 2003 of like what are we gonna do?
- 53:13We just don't have any
- 53:14data right? Yeah right this is.
- 53:16This is a tough question that I'm going
- 53:19to ask but I'm going to ask it anyway only
- 53:22because it's so broad and and you know,
- 53:25it's not just an ethical question,
- 53:27but a legal one as well.
- 53:29What do you think?
- 53:30You know we're talking about the realities
- 53:32within a carceral system of health care.
- 53:34That that are again as you pointed out,
- 53:37deeply problematic in many ways.
- 53:39But what about sort of upstream of that
- 53:41reform of the criminal justice and system
- 53:44to prevent so many incarcerations what?
- 53:46What if you were sort of in charge?
- 53:49What do you think would be the top
- 53:52priorities for criminal justice reform?
- 53:54And again,
- 53:55I know that's a really big fraud question,
- 53:58but I'd love to hear your
- 54:00thoughts on that. Yeah, so I I.
- 54:04There are so many energies right now
- 54:06towards kind of decarceration right?
- 54:08Then it comes from all.
- 54:10All you know, both parties
- 54:11people that are from the Koch
- 54:13brothers all the way to kind of,
- 54:15you know, abolitionists like many,
- 54:17many people are in agreement that
- 54:18mass incarceration hasn't worked.
- 54:20And for me, I think where I spend
- 54:22most of my energies is really thinking
- 54:24about where it is that our health
- 54:26system where it is that you know our
- 54:29privileges in our powers has health care.
- 54:31Providers can really move the
- 54:33needle and so undoubtedly.
- 54:34In looking that you know substance
- 54:36use people with substance use
- 54:37disorders shouldn't be incarcerated.
- 54:39People with mental health conditions
- 54:40shouldn't be incarcerated.
- 54:41Things that are kind of social needs like
- 54:44homelessness shouldn't be criminalised.
- 54:45So that's the first.
- 54:47But you know I'm just going to caveat this.
- 54:50But just like those are the low,
- 54:52easy hanging fruit,
- 54:53the reality of it is Sir,
- 54:55are the system of mass incarceration
- 54:57is been going on and it's a system
- 55:00right that it's been going on
- 55:01for four decades that even those
- 55:03that were picked up for you know.
- 55:06Three strikes and selling cocaine
- 55:09or using etc.
- 55:10Once you've gone and rolled through
- 55:13the carceral system inevitably,
- 55:15because if there's it's violent,
- 55:17there's trauma.
- 55:18You know, that creates kind of more.
- 55:24Kind of difficulties within
- 55:25individuals you come home on,
- 55:26parole and probation, right?
- 55:27Like it breeds violence, right?
- 55:29You come home on parole and probation.
- 55:31And then there's all sorts of other rules
- 55:33that are parole and probation violations.
- 55:35And you know, just to kind of label a few.
- 55:38It's like you go a certain block.
- 55:40If you go, you know, like there's just.
- 55:42So if you don't show up to your parole or
- 55:45probation officer, that's a violation.
- 55:47You end up back in your sentence is lengthen,
- 55:49and so the process kind of just continues.
- 55:52And So what I would say is.
- 55:54Much of what I think it has to happen is
- 55:57that it's not just a criminal justice issue.
- 56:00You know it is really an issue.
- 56:02It's not just about eliminate ING,
- 56:03you know mandatory sentence things,
- 56:05which of course should happen.
- 56:06The length of sentence is all of
- 56:09that judicial reform, all of that.
- 56:10All of that is true and needs to happen.
- 56:13We arrest how we arrest, etc.
- 56:15But I think what really that the
- 56:17harder conversation, I think,
- 56:18is that in order for at the prison
- 56:21and jail system to come down.
- 56:23Even if we stop,
- 56:24even if we stop incarcerating people
- 56:26based on their substance use disorder,
- 56:28mental health conditions
- 56:30in their homelessness.
- 56:32There are people that have been
- 56:34convicted of violent offenses.
- 56:35There are people that have,
- 56:37you know, never did anything violent,
- 56:39then got incarcerated,
- 56:40then started kind of getting in the mix.
- 56:42Then you know,
- 56:43like you get charged with violence.
- 56:45And that's the conversation that
- 56:47we have to have as a nation is.
- 56:50We have incarcerated far,
- 56:51far too many people.
- 56:52I mean, you step out in any other country.
- 56:56It in the world, right?
- 56:58And so again,
- 56:59I gave the example of Finland just because
- 57:02it's how where I visited most recently,
- 57:05the longest longest time behind bars
- 57:08of any single person is 14 years.
- 57:11We have sentences.
- 57:12Right now there's like 3 lifetimes, you know.
- 57:15So we have to kind of really
- 57:18interrogate our values like where,
- 57:20where did they start?
- 57:21We also have no minimum age
- 57:23for children to be incarcerate.
- 57:25The youngest person that's incarcerated
- 57:27in this country spot California.
- 57:29So our system when I get asked that question,
- 57:32I'm like,
- 57:33I think that there's much to be done,
- 57:35you know,
- 57:36and certainly from a health system
- 57:37like we can be advocating for the
- 57:39decriminalization of things that
- 57:40we know to be health conditions.
- 57:42We also, as a health system,
- 57:44can get everyone home start transitions,
- 57:46clinic programs, hire people with histories,
- 57:47incarceration of work in the House system.
- 57:49But there's this larger issue,
- 57:51you know, eliminate in Connecticut.
- 57:52We have a bill right now that's up,
- 57:55which is once you've been convicted.
- 57:56You've served your time.
- 57:58There should be a clean slate.
- 57:59You no longer are.
- 58:00Kind of prohibited from getting a
- 58:02job you're no longer prohibited
- 58:04from getting food stamps etc based
- 58:06on a criminal record.
- 58:07Your slates wiped clean.
- 58:08If served your time,
- 58:10why should you have to serve more?
- 58:12So those are obvious easy ones,
- 58:13but the deeper part where we have to go,
- 58:16I think, is the part that I'm itching for.
- 58:18People to go is to really think about like,
- 58:21you know, we're all comfortable
- 58:22with those kinds of conversations.
- 58:24Not comfortable with is that because
- 58:25we've been doing this for four decades,
- 58:27we have to go to the harder
- 58:29place of what our values.
- 58:31How long do we think what?
- 58:33What should a system of justice look like?
- 58:35You know, are we looking for punishment?
- 58:37Are we looking for accountability?
- 58:39Are we looking for justice?
- 58:40And so anyhow,
- 58:41you opened up a bag of words I
- 58:43could talk about this for, really.
- 58:47Well, thank you so much.
- 58:49I'm going to turn to some of
- 58:52the audience questions now.
- 58:54We have a question in cases when
- 58:56people who are incarcerated receive
- 58:58care that falls below the standard
- 59:00of care to the point that it meets
- 59:03the definition of malpractice.
- 59:04Do they have access to malpractice
- 59:06suits to compensate them
- 59:07financially and otherwise?
- 59:09Is this different
- 59:10in theory versus in practice so they?
- 59:13I, I think that the issue is like you know,
- 59:18in theory I suppose they do.
- 59:21In practice it's about you know
- 59:23getting a lawyer, getting a person,
- 59:26getting the evidence etc.
- 59:28And that is far, far harder to do,
- 59:32you know, so you know.
- 59:34There are of course cases against
- 59:37correctional officers, facilities,
- 59:38health care providers behind bars.
- 59:40You know we've we've seen malpractice,
- 59:43I would say.
- 59:44Among our patients that have
- 59:46returned home that received care
- 59:48post release and transitions,
- 59:49you know, bad bad care.
- 59:51But I would say that that's not
- 59:53the primary avenue of reform
- 59:55and most do not kind of end
- 59:56up getting a malpractice suit
- 59:58and getting a big settlement.
- 01:00:02OK. Our next question is,
- 01:00:05what can healthcare workers in
- 01:00:07the carceral system possibly do to
- 01:00:09improve health care for the prisoners?
- 01:00:11Do they have any power
- 01:00:13to affect changes? Yeah,
- 01:00:14I really appreciate this question.
- 01:00:16'cause I think one of the things that I
- 01:00:19think is really important is to 1st state,
- 01:00:22which I didn't state here is that
- 01:00:23there's a real heterogeneity across
- 01:00:25correctional system, so there's 5000
- 01:00:28jails and prisons across the country,
- 01:00:30and you know each of them are governed
- 01:00:32and overseen in different ways, right?
- 01:00:34And so kind of. We've seen one gel.
- 01:00:37You've seen one jail, right?
- 01:00:39And I think what is important to
- 01:00:42note there is that and let me just
- 01:00:45give you an example of Rikers so.
- 01:00:48Good friend of mine used to be the
- 01:00:50medical director Homer Venters.
- 01:00:52He no longer is.
- 01:00:53He serves now on Biden's task force
- 01:00:55for equity right at and when he
- 01:00:58was the medical director of Rikers,
- 01:01:00which is a large jail system
- 01:01:02in New York City.
- 01:01:03The many different ways that you
- 01:01:05can advocate for the health care
- 01:01:07of people that are behind bars,
- 01:01:10some of which we'll talk a lot about,
- 01:01:12is using an electronic health record
- 01:01:14to document kind of correctional
- 01:01:16officer infractions right of like
- 01:01:18starting to look at the rates of.
- 01:01:20Self harm looking at the rates of
- 01:01:22traumatic brain injury and recognizing
- 01:01:24that if the rates are so much higher
- 01:01:27among those that are incarcerated in
- 01:01:29Rikers and obviously there's an issue,
- 01:01:31and so he'll often talk about
- 01:01:33the electronic health record
- 01:01:34as a human rights tool.
- 01:01:36But I think the other thing
- 01:01:38is that it is important.
- 01:01:40Like look because there's a
- 01:01:41constitutional guarantee for health care.
- 01:01:43It means that that place needs us,
- 01:01:45needs people that are health care providers.
- 01:01:48And of course there are health
- 01:01:51care providers that are.
- 01:01:53Trained social justice minded individuals
- 01:01:55that are practicing in correctional systems.
- 01:01:57And so I think that there are just many,
- 01:02:01many examples of how having
- 01:02:03providers inside is important.
- 01:02:05I mean I,
- 01:02:06I think good providers providers
- 01:02:09that are willing to kind of.
- 01:02:12Practice medicine,
- 01:02:12good quality samaesan and think about
- 01:02:15systems changes for correctional systems.
- 01:02:17I mean I,
- 01:02:18I can also give another example of the Rhode
- 01:02:21Island Department of Corrections right now.
- 01:02:24Their vaccine rate is at 70%.
- 01:02:26They've thought really deeply about how
- 01:02:28to engage those who are incarcerated.
- 01:02:31People that work within correctional
- 01:02:33systems and have gotten really
- 01:02:35high rates of vaccine uptake.
- 01:02:37Compared to, you know,
- 01:02:38better than many, many communities.
- 01:02:40Even in Connecticut, right?
- 01:02:41And so there are examples of
- 01:02:43how to do it and how to do it.
- 01:02:46Well.
- 01:02:46It's just that it's not the norm,
- 01:02:49and I would say,
- 01:02:50and also that there's no way of of
- 01:02:52there's no state or federal regulation.
- 01:02:54And So what I mean by that is like
- 01:02:56if you think about Dzeko that comes
- 01:02:59into our hospital system and at
- 01:03:01least has some bare bones, you know,
- 01:03:03kind of metric of quality care
- 01:03:05before you're going to receive your.
- 01:03:07Funds from CMS.
- 01:03:09There's no such thing,
- 01:03:10so the state gives the Connecticut
- 01:03:12Department of Corrections the
- 01:03:14cash. There's no transparent reporting.
- 01:03:15We don't know how we're doing.
- 01:03:17You don't Ding, you know,
- 01:03:19get dinged by Jacob for an infraction.
- 01:03:21And so that's what I mean by that.
- 01:03:25One that there is heterogeneity
- 01:03:27across all systems, but two.
- 01:03:28We really don't know how good
- 01:03:30or bad they are, and three,
- 01:03:32there just isn't oversight,
- 01:03:33and so that's what's problematic.
- 01:03:35But I do want to say that there's
- 01:03:38many health care providers
- 01:03:39that are behind bars that.
- 01:03:42Practice amazing medicine.
- 01:03:45Thank you. The next question I think
- 01:03:49you've touched upon this a bit,
- 01:03:51but just I will read it.
- 01:03:53Can you clarify if state or
- 01:03:55federal guidelines mandate
- 01:03:56prison healthcare standards?
- 01:03:57Oh OK, because I know you talked about,
- 01:04:00you know, from a constitutional standpoint,
- 01:04:02but from a more direct standpoint.
- 01:04:04And then do all states have copays?
- 01:04:06So can you comment a little
- 01:04:08bit more about that?
- 01:04:09Yeah, I
- 01:04:10wish I knew there's just a paper that
- 01:04:13was published about this so I I do
- 01:04:15know that not all states have it,
- 01:04:17but most states. Too, and they do it.
- 01:04:20Same for kind of it is both
- 01:04:22a way of raising capital.
- 01:04:24But it's also a way of reducing
- 01:04:26kind of what they see are like
- 01:04:28specious requests for healthcare.
- 01:04:30OK.
- 01:04:33So I'm I'm going to ask just because I I
- 01:04:36know you said you wanted to sort of spur
- 01:04:39some debate and so I'll ask a question
- 01:04:42that that I don't think is contentious.
- 01:04:44But is something that that maybe some people
- 01:04:47think you know with with respect to sort of.
- 01:04:50Balancing different different
- 01:04:51rights and obligations. So how?
- 01:04:54How might one balance respecting the
- 01:04:56dignity and autonomy of prisoners?
- 01:04:59Versus, for example, you know,
- 01:05:01shackling prisoners like like you showed
- 01:05:03us that example versus protecting
- 01:05:06the safety of clinicians because
- 01:05:08actually violence against clinicians,
- 01:05:10and I don't mean just from from
- 01:05:14incarcerated individuals across the board,
- 01:05:16violence against clinicians and healthcare
- 01:05:18providers actually is a huge problem.
- 01:05:21And you know whether whether it's right,
- 01:05:24whether it's actually evidence based to
- 01:05:26have more fear of prisoners versus just
- 01:05:28a prejudicial fear that's not found in
- 01:05:31evidence across the board of violence
- 01:05:33against health care providers is an issue.
- 01:05:36So could you comment a little bit about that?
- 01:05:39And in terms of balancing rights,
- 01:05:41balancing autonomy versus safety,
- 01:05:43and speaking a little bit
- 01:05:45more about that topic totally?
- 01:05:47I appreciate that question, you know,
- 01:05:49and I think that part of for me.
- 01:05:52Is that I wish I had kind of an
- 01:05:55easy off the cuff answer I and
- 01:05:58you know I I had mentioned to you.
- 01:06:01I recently had the opportunity to
- 01:06:03speak at one of the departments in at
- 01:06:07Yale talking explicitly about this and
- 01:06:09so really recognize that this is it,
- 01:06:12just a place of conversation,
- 01:06:14but also strikes a lot of concerns
- 01:06:16and there really valid concerns
- 01:06:18of concern for clinicians.
- 01:06:20Safety of running kind of clinical spaces so.
- 01:06:23To me, I think some of the issues are
- 01:06:26the concerns that I have is that.
- 01:06:30The way that policies are made rarely include
- 01:06:33patients or others perspectives rights like
- 01:06:35they rarely include those that are shackled.
- 01:06:37They rarely include those that are, you know,
- 01:06:39even you know if you look at the C-Suite,
- 01:06:42they rarely include people of racial
- 01:06:44and ethnic minority groups, right?
- 01:06:46And so to me, I think the first and foremost
- 01:06:49is to have a kind of community conversation
- 01:06:51about what it feels like to have.
- 01:06:54For instance,
- 01:06:54a police officer in a clinic like,
- 01:06:57is that necessary?
- 01:06:58Do they have to be armed?
- 01:07:00Are there other ways to create
- 01:07:02safety that don't require this?
- 01:07:03Because I think that what is a common
- 01:07:07conception is that we would all agree that we
- 01:07:10would want the police officer to be there.
- 01:07:14But you can also imagine a environment
- 01:07:16where you know some providers wouldn't feel
- 01:07:19safe with a police officer there, right?
- 01:07:22And so to me, I just think we haven't
- 01:07:26created a space like again where we've
- 01:07:28talked about this honestly and openly.
- 01:07:31You know, I again think that.
- 01:07:34Oftentimes we create kind
- 01:07:35of notions of what happens,
- 01:07:36or it is the status quo, and there it is.
- 01:07:39Like there's police officer,
- 01:07:40the person shackled.
- 01:07:41We don't know what to do.
- 01:07:42You know I get to ask this question
- 01:07:44all the time from students and
- 01:07:46residents that that work with us and.
- 01:07:49Why it has to be and so I you know,
- 01:07:52I frequently in my own clinical care.
- 01:07:54I mean, I do when I walk into the room,
- 01:07:57acknowledged patient first,
- 01:07:58then turn ask the correctional
- 01:08:00officer to leave,
- 01:08:01then ask if they can be unshackled.
- 01:08:03I need to do an exam etc and but I I
- 01:08:06recognize that most don't feel many,
- 01:08:08don't feel comfortable or don't
- 01:08:10have the language,
- 01:08:11and I think the most important piece of that
- 01:08:13is that we have to have this conversation.
- 01:08:16You know,
- 01:08:17I've never been in a setting
- 01:08:18where we talk explicitly.
- 01:08:20And about what it feels like or how it
- 01:08:23feels like or what the policy should be.
- 01:08:27An after that conversation,
- 01:08:28then create policies that are living,
- 01:08:30breathing policies that reflect
- 01:08:32kind of the whole of our community.
- 01:08:34Recognizing that I,
- 01:08:35I do think that it is a place where
- 01:08:39there's cause for concern and you know,
- 01:08:42I'll say this is that for incarcerated
- 01:08:44patients they are shackled in many states
- 01:08:47when they give birth their shackled.
- 01:08:49When they get intrathecal chemotherapy.
- 01:08:52And so I,
- 01:08:53I just can't imagine you know that there's
- 01:08:56a provider at the other end of that.
- 01:08:58There's a oncologist that's given
- 01:09:00the intrathecal therapy, you know.
- 01:09:02And so.
- 01:09:03It warrants conversation that
- 01:09:04we just haven't had.
- 01:09:06Yeah,
- 01:09:07I, I think that's that's
- 01:09:08a really nuanced answer.
- 01:09:10And and that I think that that's a I
- 01:09:13think you're absolutely right that it
- 01:09:15isn't going to be an easy off the cuff.
- 01:09:19One size fits all.
- 01:09:20Oh well, this will just be our policy,
- 01:09:23and I think it does.
- 01:09:25Certainly as a non expert
- 01:09:27in carceral healthcare,
- 01:09:28but it seems to me like certainly
- 01:09:31at least two salient factors
- 01:09:32emerge based on what you said,
- 01:09:35one of them being.
- 01:09:36What's the nature of the care being
- 01:09:39given and so certain things that
- 01:09:41are particularly either important
- 01:09:43in someone's life like giving
- 01:09:45birth or potentially very stressful
- 01:09:48or distressing or uncomfortable
- 01:09:49like receiving chemotherapy.
- 01:09:50It seems you know just just our
- 01:09:53moral intuition is it's maybe
- 01:09:55more problematic for someone to be
- 01:09:58shackled during something like that,
- 01:10:00as opposed to.
- 01:10:02Having an Abscess drained,
- 01:10:03although many may argue, well,
- 01:10:05that's a very stressful thing too,
- 01:10:07and we shouldn't ever have people shackled,
- 01:10:08and I think you're right that
- 01:10:10we we need to have sort of a an
- 01:10:12intentional debate about that rather
- 01:10:14than just sort of accepting the
- 01:10:16status quo and the other factor
- 01:10:17that that seems to me that would
- 01:10:19be very salient in this discussion,
- 01:10:21is is what is the nature of the
- 01:10:23offense for which the person is incarcerated?
- 01:10:26No,
- 01:10:27that's not again necessarily to
- 01:10:28say this should be the the beyond
- 01:10:30and all in determining.
- 01:10:32But you know, is it.
- 01:10:33Is it reasonable?
- 01:10:34Is there a difference between shackling
- 01:10:35of completely nonviolent offender
- 01:10:37versus shackling an offender with
- 01:10:38a history of significant violence,
- 01:10:40and is there a spectrum there?
- 01:10:42Some people may argue that
- 01:10:44nonviolent offenders shouldn't
- 01:10:45be incarcerated in the 1st place,
- 01:10:46which sort of gets back to
- 01:10:48the initial discussion,
- 01:10:49but it seems like those are at
- 01:10:51least two very salient factors.
- 01:10:53Nature of the offense,
- 01:10:54whether it's violent or
- 01:10:55nonviolent and nature of the.
- 01:10:57The treatment that might be starting
- 01:10:59points for that discussion.
- 01:11:00If you think that that's
- 01:11:02I'm completely off base,
- 01:11:03suggesting that I certainly welcome
- 01:11:05your input as to other things
- 01:11:07that you that you would take into
- 01:11:10consideration more in in in having
- 01:11:12that discussion and drafting a living
- 01:11:13policy with iterative revisions.
- 01:11:15As as we
- 01:11:16learn more, I think both of those
- 01:11:18are domains worthy of consideration,
- 01:11:20so certainly I will say,
- 01:11:22you know, again, I think again,
- 01:11:24thinking about the very many different ways
- 01:11:26and places where we practice medicine,
- 01:11:28I think that that's.
- 01:11:29Critical importance, right like?
- 01:11:32Is Emily shackling is for
- 01:11:34safety reasons right?
- 01:11:35And for those of us that
- 01:11:36have delivered a child,
- 01:11:38there's that persons on absconding
- 01:11:39they're delivering a child, right?
- 01:11:41Have a needle in your back?
- 01:11:43You're not gonna abscond, right?
- 01:11:44So I think that that's
- 01:11:46one kind of conversation,
- 01:11:47but it's worth having the second
- 01:11:49point that I think many people do.
- 01:11:51Think about I,
- 01:11:52I probably I do disagree with and,
- 01:11:54but I do think it's important for
- 01:11:56that conversation 'cause that's
- 01:11:57naturally where your mind goes.
- 01:11:59You're like,
- 01:12:00you know they've been convicted
- 01:12:01of blah blah blah.
- 01:12:02Bands that you really violent,
- 01:12:04really terrible,
- 01:12:05but I contend that there are
- 01:12:08so many people in our mix that
- 01:12:10have done terrible things.
- 01:12:14That have are not caught up in the
- 01:12:17carshall system and those are people
- 01:12:19that are more likely to be well off with
- 01:12:22means and just haven't been caught right.
- 01:12:24So I I just always to me
- 01:12:27the conversation you know.
- 01:12:28And this is maybe more new ones,
- 01:12:30but just to say that you know again.
- 01:12:34I'm I work closely and dear friends with
- 01:12:38people that have been incarcerated have
- 01:12:41even done, you know, terrible things.
- 01:12:44And shouldn't be known for the terrible
- 01:12:47thing they've done 30 years ago.
- 01:12:49There's people that are in, like I said,
- 01:12:52for life, afterlife, afterlife,
- 01:12:53and so it's real hard for us to kind of be
- 01:12:56discriminating as healthcare providers.
- 01:12:57So in this case we would.
- 01:12:59In this case, we wouldn't you know,
- 01:13:01and because the system is so like,
- 01:13:04it just is created in ways that
- 01:13:06I don't think are sensible.
- 01:13:07So to me.
- 01:13:08That conversation should be LED with.
- 01:13:11You know,
- 01:13:11if we're trying to think about the
- 01:13:13health and well being of those that
- 01:13:15work in our healthcare settings and the
- 01:13:17health and well being of our patients,
- 01:13:19that should be the guiding principle and we
- 01:13:21really promote safety like safety meeting.
- 01:13:23We should have more buzzers for when
- 01:13:25we feel unsafe, but how do we come,
- 01:13:28you know, create safety.
- 01:13:29What are the ways that we deescalate
- 01:13:30etc versus thinking about kind
- 01:13:32of that individual?
- 01:13:33The crime he committed a police officer?
- 01:13:35The timber round, right?
- 01:13:36That makes a lot of sense.
- 01:13:38Thank you. We have another question.
- 01:13:41You mentioned that for many
- 01:13:43prisoners the carceral system
- 01:13:45is the first opportunity for
- 01:13:46them to access health care.
- 01:13:48What happens upon release from prison?
- 01:13:50Is there any transition
- 01:13:51to healthcare out of jail?
- 01:13:55So in most prisons and jails in the system,
- 01:13:57and you know I didn't go too into it,
- 01:14:00but I appreciate that questions.
- 01:14:01That's the kind of the focus of what
- 01:14:04we do in our primary care practice.
- 01:14:0895% of people that are incarcerated
- 01:14:10will return back into the
- 01:14:11community and as I mentioned,
- 01:14:13it's about like 10 million.
- 01:14:15But it move in and out of jails
- 01:14:17and prisons and most return home to
- 01:14:19settings where you know if you think
- 01:14:22about like the day you had person
- 01:14:24for 24 hour OPS in our hospital.
- 01:14:26At the very least,
- 01:14:27they're getting the discharge summary.
- 01:14:29Their medications are called to
- 01:14:30their primary care provider,
- 01:14:32like all set up and tidied up.
- 01:14:34Most folks will return home
- 01:14:35with no medical records.
- 01:14:37A very limited supply of medications.
- 01:14:39And no primary care appointment,
- 01:14:40and you know where is trying to
- 01:14:42describe is like if you think about
- 01:14:44those 40% that are newly diagnosed
- 01:14:46with their chronic health condition.
- 01:14:48Let's say it's high blood pressure inside,
- 01:14:50right?
- 01:14:50They've never had a call pharmacy.
- 01:14:52They don't know when to take
- 01:14:53their medication.
- 01:14:54They were called to a medication line, right?
- 01:14:56The correctional officer gets in the Medline.
- 01:14:58The nurse you know delivers it.
- 01:15:00She checks to see if you CHEAT SHEET,
- 01:15:03it's right,
- 01:15:03and then he swallows it so they don't have
- 01:15:06kind of the skills and the experience of
- 01:15:08kind of managing their own medication.
- 01:15:10And they come home to our communal system,
- 01:15:13where we expect all of that like.
- 01:15:15We're like, I'll just get your refill,
- 01:15:17call the pharmacy,
- 01:15:18take your medications, you know etc etc.
- 01:15:21And on top of that people,
- 01:15:23when they come home,
- 01:15:24face additional barriers to
- 01:15:25meeting their basic basic needs.
- 01:15:27So I mentioned this really quickly,
- 01:15:29but I I shouldn't.
- 01:15:30That you know,
- 01:15:31if you have a criminal record,
- 01:15:33depending on the state you return home to,
- 01:15:36you have lifetime bans on food stamps.
- 01:15:38You have lifetime ban on Section 8 housing.
- 01:15:41You have perhaps in certain states.
- 01:15:43Of course, this you even have prohibitions
- 01:15:46certainly on where you can work,
- 01:15:48what trade you can practice, right?
- 01:15:50These are all called collateral consequences,
- 01:15:53and so when you come home,
- 01:15:55you have bears to meeting your
- 01:15:57basic names right of like just food,
- 01:16:00housing, shelter, food,
- 01:16:01housing and employment like what your income.
- 01:16:04And then you now have these new kind
- 01:16:06of health care priorities help you
- 01:16:09know chronic condition priorities.
- 01:16:11That you don't know how to attend to and so.
- 01:16:14Yeah,
- 01:16:14most people come home without a
- 01:16:16primary care appointment without
- 01:16:18kind of this appropriate transition
- 01:16:20into primary care and the data from
- 01:16:22our team and then other show that
- 01:16:24there's an incredibly high risk of
- 01:16:26dying immediately post release,
- 01:16:27like a 12 times increased risk
- 01:16:29of dying in the first two weeks.
- 01:16:32Post release.
- 01:16:34An increased risk of possible caitians
- 01:16:36increase use of emergency permanent
- 01:16:38actually worsening of your chronic
- 01:16:39health conditions and so you know,
- 01:16:41I think that that is an important
- 01:16:44point to bring up.
- 01:16:45Is that even though it looks terrible inside,
- 01:16:47in fact people do worse once
- 01:16:50they return home.
- 01:16:52It is speaking about kind
- 01:16:53of the population at large.
- 01:16:56Are there any kind of programs
- 01:16:58that are specifically aimed
- 01:16:59at helping that transition?
- 01:17:01Just like there are at perhaps educational
- 01:17:03or employment related programs?
- 01:17:05And could you speak a bit
- 01:17:07about that? Sure, so
- 01:17:08you know, I mentioned our
- 01:17:10transitions clinic program,
- 01:17:11and that's probably the largest one
- 01:17:14in national and kind of to attend
- 01:17:16to the transition of health care.
- 01:17:18And there are, you know,
- 01:17:20employment programs here in New Haven.
- 01:17:22There are organizations that both tend to,
- 01:17:25let's say financial literacy
- 01:17:27and getting people.
- 01:17:28Some supports for housing.
- 01:17:34So there's some additional programs
- 01:17:35for housing people once they
- 01:17:37are released from incarceration.
- 01:17:39There are programs that provide
- 01:17:41vocational training and then
- 01:17:42some employment programs,
- 01:17:43but I would say that the the truth
- 01:17:46of it is is that they still feel
- 01:17:49really scattered and they're not
- 01:17:51really coordinated and so it's still
- 01:17:53largely is an individual level kind
- 01:17:56of fixing an individual level solution
- 01:17:58like it asks of the person who is already,
- 01:18:01you know,
- 01:18:02just came back from a commercial system.
- 01:18:05So then navigate all these systems versus it,
- 01:18:07being kind of all the structures
- 01:18:08and the policies are in place.
- 01:18:10You know you can imagine a different
- 01:18:12structure program is that when you come home,
- 01:18:14your Medicaid is already activated.
- 01:18:15Your food stamps are on your disabilities.
- 01:18:17Here.
- 01:18:17Here are the things that we
- 01:18:19should have been teaching you in
- 01:18:21prison or jail when you're inside.
- 01:18:24To support your health.
- 01:18:25But now we gotta do it on the outside.
- 01:18:28Right?
- 01:18:30Well, thank you so much for
- 01:18:32sharing all of that really
- 01:18:34important information with us.
- 01:18:37I think I don't believe there any
- 01:18:40further questions and were coming
- 01:18:42up or only 8 minutes off of 6:30,
- 01:18:45so I think we'll adjourn a few
- 01:18:48minutes early tonight.
- 01:18:49We have one more question.
- 01:18:53There are programs that provide about
- 01:18:55one month supply of medications,
- 01:18:57but it does not work 100% of the time.
- 01:19:00My patients with HIV sometimes are
- 01:19:01able to continue their meds on release
- 01:19:03from the Department of Corrections,
- 01:19:05but this does not always happen.
- 01:19:07I'm not sure about other chronic conditions.
- 01:19:09I don't know if you
- 01:19:11want to comment a bit about that.
- 01:19:13Yeah, I I. It's interesting.
- 01:19:15So for HIV and I think in particular
- 01:19:17through Ryan White funding,
- 01:19:18there's been a longer history of
- 01:19:20kind of transitioning people safely.
- 01:19:22To home, but there's a really good study
- 01:19:25that's out of Texas looking at kind
- 01:19:27of a program where they provided the
- 01:19:29medication to people post release in a
- 01:19:32pharmacy accessible and what they found
- 01:19:34was that even if the meds are there, right?
- 01:19:37Like literally there,
- 01:19:38and these are HIV medications.
- 01:19:39You don't want to drop a day of it, right?
- 01:19:43That it was within seven days, 60%.
- 01:19:45Haven't picked them up within 30 days.
- 01:19:47It was like you know,
- 01:19:4950% I've picked up, up, etc.
- 01:19:51And so I think that that's exactly right,
- 01:19:53is that?
- 01:19:54Even kind of programs where
- 01:19:56that are established,
- 01:19:57the short kind of duration
- 01:19:58you know of medications.
- 01:20:00Even for HIV.
- 01:20:01The issue,
- 01:20:01I think that's really important to contend
- 01:20:04with is that there's so many competing
- 01:20:06priorities for people that returned
- 01:20:08home that even at you set up a program,
- 01:20:11it really has to be kind of teaching
- 01:20:13them again how to use the pharmacy,
- 01:20:15why this is important, you know,
- 01:20:17like even a day lapse,
- 01:20:19and so not everyone is going to use the
- 01:20:22program that you set it up like it.
- 01:20:25Again, it requires kind of more handholding
- 01:20:28than May may otherwise be thought.
- 01:20:31And for the other chronic
- 01:20:33conditions to her point,
- 01:20:34I mean no.
- 01:20:35So in Connecticut 30 days and it goes to CVS.
- 01:20:38So we have 30 days of medications,
- 01:20:40and it's exactly what you said.
- 01:20:41It's a little variable.
- 01:20:44But much better here than in other states.
- 01:20:48Thank you we have one kind of pointed
- 01:20:50as well specific question that may be
- 01:20:53a quick answer if the answer is no,
- 01:20:56but someone is asking if you have seen
- 01:21:00the documentary belly of the beast.
- 01:21:02Sorry, I'm not familiar with
- 01:21:04that documentary either, so.
- 01:21:06And we have several comments.
- 01:21:08Thank you for a great talk.
- 01:21:11Thank you for this program and I would
- 01:21:14just like to echo that that I, I,
- 01:21:17and the the program for Biomedical ethics.
- 01:21:19We're very grateful for your
- 01:21:21sharing this information with us,
- 01:21:23because like I said,
- 01:21:25I think a lot of us are very,
- 01:21:28very privileged and very blind to
- 01:21:30what's actually going on behind
- 01:21:33prison doors and the really the many
- 01:21:36practices that really present a lot of.
- 01:21:38Of of.
- 01:21:39Ethical conflicts with with principles
- 01:21:42of medical ethics and you know,
- 01:21:44we as as the medical profession
- 01:21:46need to do a better job.
- 01:21:49First of all,
- 01:21:50acknowledging what's going on,
- 01:21:51and secondly,
- 01:21:52advocating for for reform to ensure
- 01:21:54that that high standard of care is
- 01:21:57delivered really to to everyone,
- 01:21:59regardless of carceral status.
- 01:22:00Do you have any final comments you
- 01:22:03want to make before we wrap up?
- 01:22:05No,
- 01:22:06I think this has been
- 01:22:08great. I really appreciate the opportunity,
- 01:22:10which we're kind of in person.
- 01:22:12Or there was more opportunity for
- 01:22:14conversation, but I really it's
- 01:22:16been great to be here so thank you.
- 01:22:20Thank you. And everyone have a
- 01:22:22good night and have a wonderful
- 01:22:25summer and we will see you in the
- 01:22:29next academic year. Goodnight