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Prisons and Jails Forcing Inmates To Cover Some Medical Care Costs

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By Michelle Andrews

 

Correctional facilities are responsible for providing health services to people who are jailed, but that doesn’t mean that prisoners don’t face financial charges for care. In most states, they may be on the hook for co-payments ranging from a few dollars to as much as $100 for medical care, according to a recent study.

 

At least 35 states authorize co-payments and other fees for medical services at state prisons or county jails, the analysis by the Brennan Center for Criminal Justice at New York University School of Law found.

 

The Federal Bureau Of Prisons also permits inmates to be charged co-payments for medical services. Some states and local governments require co-payments for emergency treatment and hospitalizations in addition to routine care, says Lauren-Brooke Eisen, senior counsel at the Brennan Center’s justice program who authored the study.

 

“It’s understandable why jurisdictions need to increase their revenue,” says Eisen. “From a public policy standpoint, however, the fees can serve as a deterrent to getting care.”

 

The practice is part of a larger trend of charging inmates for prison services, says Eisen. In addition to medical co-payments, more than half of states allow prisoners to be charged room and board while incarcerated. They generally also charge for incidentals like phone calls and Internet use.

 

In addition to raising money, prison officials hope that by imposing fees they’ll reduce demand for services, says Dr. Robert Greifinger, a former chief medical officer of the New York Department of Corrections who works as a correctional consultant.

 

But fees, even small ones, may not only deter prisoners from making requests for care that prison officials consider “frivolous,” they may also deter necessary care to keep chronic conditions in check or treat communicable diseases that could easily spread through crowded prisons.

 

An estimated 80 percent of prisoners are poor. Medical co-payments typically come out of their commissary accounts, which are often funded by money provided by their families and earnings from prison jobs.

 

“Prisoners don’t have money, they’re getting $20 a month from their family,” says Greifinger. “If they deplete that for medical care, they don’t have money for underwear, soap or food.”

 

In a landmark 1976 case, Estelle v. Gamble, the Supreme Court held that not providing adequate medical care to prisoners was a violation of the Constitution’s Eighth Amendment against cruel and unusual punishment. But courts have generally allowed prisons to attempt to recoup some of the costs of treating inmates by charging them for their care.

 

At the Bernalillo County Metropolitan Detention Center in Albuquerque, N.M., inmates can see a nurse on a walk-in basis rather than having to put in a written request first.

 

The process, implemented two years ago, is intended to give inmates better access to health care services, says Phillip Greer, chief of corrections at the center.

 

State spending on prison health care grew to $7.7 billion by 2011, with increases of more than 13 percent in half of states, according to an analysis by the Pew Charitable Trusts and the John D. and Catherine T. MacArthur Foundation.

 

In addition, half of the states saw their per inmate health care spending increase more than 10 percent during that time period. Prisoners are more likely to have chronic and infectious diseases than the general population, and overall the prison population is aging, leading to increased medical costs.

 

But inmates, many of whom are uninsured when they enter prison, often don’t get the care they need.

 

Among inmates with chronic medical problems, many didn’t receive a medical exam while incarcerated, including 68 percent of local jail inmates, 20 percent of state prison inmates and 14 percent of federal prison inmates, a 2009 study published in the American Journal of Public Health found.

 

Even if they could afford insurance, prisoners can’t buy a marketplace plan. The health law specifically excludes people in jail from the requirement to have insurance.

 

Dr. Josiah Rich, who conducts a weekly clinic at the Rhode Island Department of Corrections in Cranston, says, “Charging prisoners for health care is yet another way of kicking them when they’re down.”

 

Courtesy of Kaiser Health News at http://khn.org

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Rest in Peace: A.M.E. Pastor and L.A Civil Rights Icon Cecil “Chip” Murray Passes

The Rev. Dr. Cecil L. “Chip” Murray, former pastor of First African Methodist Episcopal Church (FAME) in Los Angeles, died of natural causes April 6 at his Windsor Hills Home. He was 94. “Today, we lost a giant. Reverend Dr. Cecil Murray dedicated his life to service, community, and putting God first in all things. I had the absolute honor of working with him, worshiping with him, and seeking his counsel,” said Los Angeles Mayor Karen Bass of the dynamic religious leader whose ministry inspired and attracted millionaires as well as former gang bangers and people dealing with substance use disorder (SUD).

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The Rev. Dr. Cecil L. “Chip” Murray, former pastor of First African Methodist Episcopal Church (FAME) in Los Angeles, died of natural causes April 6 at his Windsor Hills Home. He was 94.

“Today, we lost a giant. Reverend Dr. Cecil Murray dedicated his life to service, community, and putting God first in all things. I had the absolute honor of working with him, worshiping with him, and seeking his counsel,” said Los Angeles Mayor Karen Bass of the dynamic religious leader whose ministry inspired and attracted millionaires as well as former gang bangers and people dealing with substance use disorder (SUD).

Murray oversaw the growth of FAME’s congregation from 250 members to 18,000.

“My heart is with the First AME congregation and community today as we reflect on a legacy that changed this city forever,” Bass continued.

Murray served as Senior Minister at FAME, the oldest Black congregation in the city, for 27 years. During that time, various dignitaries visited and he built strong relationships with political and civic leaders in the city and across the state, as well as a number of Hollywood figures. Several national political leaders also visited with Murray and his congregation at FAME, including Presidents George W. Bush and Bill Clinton.

Murray, a Florida native and U.S. Air Force vet, attended Florida A&M University, where he majored in history, worked on the school newspaper and pledged Alpha Phi Alpha Fraternity.  He later attended Claremont School of Theology in Los Angeles County, where he earned his doctorate in Divinity.

Murray is survived by his son Drew. His wife Bernadine, who was a committed member of the A.M.E. church and the daughter of his childhood pastor, died in 2013.

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Court Throws Out Law That Allowed Californians to Build Duplexes, Triplexes and RDUs on Their Properties

Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional. Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

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Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional.

Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

A Los Angeles Superior Court Judge ruled in favor of the cities, pointing out that SB 9 discredited charter cities that were granted jurisdiction to create new governance systems and enact policy reforms. The court ruling affects 121 charter cities that have local constitutions.

Attorney Pam Lee represented five Southern California cities in the lawsuit against the state and Attorney General Rob Bonta.

“This is a monumental victory for all charter cities in California,” Lee said.

However, general law cities are excluded from the court ruling as state housing laws still apply in residential areas.

Attorney General Bonta and his team are working to review the decision and consider all options that will protect SB 9 as a state law. Bonta said the law has helped provide affordable housing for residents in California.

“Our statewide housing shortage and affordability crisis requires collaboration, innovation, and a good faith effort by local governments to increase the housing supply,” Bonta said.

“SB9 is an important tool in this effort, and we’re going to make sure homeowners have the opportunity to utilize it,” he said.

Charter cities remain adamant that the state should refrain from making land-use decisions on their behalf. In the lawsuit, city representatives argued that SB 9 eliminates local authority to create single-family zoning districts and approve housing developments.

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Funds for Down Payments and Credit Repair Given to Black First Time Homebuyers

The California Civil Rights Department (CRD) won a $10,000 fair housing settlement last November against a property management company, CIM Group LP, a global real estate company headquartered in Los Angeles, and property owner, RACR Sora, LLC, for implementing a blanket ban on renting to tenants with criminal histories at Sora Apartments in Inglewood. Three months earlier, the department, which enforces California’s civil rights laws, won another $20,000 civil rights settlement against a Lemon Grove property manager, who had targeted a Black tenant with a series of racist actions and threats of violence.

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By McKenzie Jackson, California Black Media

The California Civil Rights Department (CRD) won a $10,000 fair housing settlement last November against a property management company, CIM Group LP, a global real estate company headquartered in Los Angeles, and property owner, RACR Sora, LLC, for implementing a blanket ban on renting to tenants with criminal histories at Sora Apartments in Inglewood.

Three months earlier, the department, which enforces California’s civil rights laws, won another $20,000 civil rights settlement against a Lemon Grove property manager, who had targeted a Black tenant with a series of racist actions and threats of violence.

CRD Director Kevin Kish said the department investigates cases of apparent racial bias in housing and sometimes more subtle acts of prejudice like nuisance-free or crime-free housing policies or holding tenants to different standards based on their race.

Kish said, “People will get evicted if they call the police. This can negatively impact victims of domestic violence. We also see these no-crime ordinances, or no-crime policies, used in racially discriminatory ways. If there is some kind of incident, and the police are called and it involves a Black family, then they get evicted, but other folks aren’t necessarily evicted.”

On April 11,1968, a week after Rev. Dr. Martin Luther King, Jr. was assassinated, President Lydon B. Johnson signed the Fair Housing Act, which prohibits discrimination in the sale, rental, and financing of housing based on race, color, religion, and nationality.

Kish noted that William Byron Rumford, the first Black California State Assemblymember, who represented Berkley and Oakland, spearheaded the passing of the Rumford Act in 1963. That law sought to end discriminatory housing practices in the Golden State, five years before the Fair Housing Act became law.
Real estate agent and housing advocate Ashley Garner is the director of the CLTRE Keeper Home Ownership program. That organization gave 25 Black, indigenous, and people of color $17,500 each in down payment and credit repair support to purchase a home in Oak Park, a traditionally Black neighborhood in Sacramento, last fall. CLTRE obtained a $500,000 grant from the city of Sacramento to award the funds to the residents after they completed an eight-week homeownership program.

In 2021, the California Housing Finance Agency (CalHFA) noted that around four in 10 Black California families owned homes, which trails that of White, Asian-American and Latinos.
According to Forbes, the median price for a home in California is over $500,000, which is double the cost of a home in the rest of the country.

Black lawmakers recently introduced their Reparations Priority Bill Package that includes support for Black first-time homebuyers, homeowners’ mortgage assistance and property tax relief for neighborhoods restricted by historic redlining.

California Housing Finance Agency (CalHFA) spokesperson Eric Johnson said CalHFA helps prospective low-income and moderate-income Californians purchase homes by offering down payment and closing cost aid. “There are lots of people who have steady jobs, good credit scores, constant income, but they haven’t been able to save up the money that traditional banks need or want to see for a down payment,” Johnson stated. “We help those folks out. We give a loan for the down payment to get them over that hurdle.”
CRD and the Department of Real Estate hosted “Fair Housing Protections for People with Criminal Histories” Zoom call on April 10.

On April 25, CRD will also hold Zoom seminars focused on advocating for fair housing for people with disabilities.

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