Prisoner weight exploded due to NS prison locks: ‘Just sit in the cell, eat, lie, eat, lie’

A judge in Nova Scotia has warned the province that something must be done about the understaffing at Burnside Prison, which deprives inmates of their freedom.

Thomas Downey — whose weight behind bars has skyrocketed — sued the county and the Central Nova Scotia Correctional facility this spring, complaining that jail closures mean he spends too much time in his cell.

“While Mr. Downey’s application cannot succeed, it has given the court an opportunity to express deep concern about the routine use of rotating lockdowns to respond to staffing challenges at CNSCF,” said Christa Brothers, Supreme Court Justice of the United States. Nova Scotia, in a published written decision. Tuesday.

“I accept that these lockdowns are adversely affecting the health and well-being of those in custody,” Brothers wrote. “These individuals are locked in their cells for reasons beyond their control. They never know overnight how much time they will get out of their cells, as the decision is made each morning when the unit captains arrive for their shifts. There is nothing an inmate can do to earn more time outside his cell. This situation adds an extra layer of stress and anxiety to the daily routine of detainees and staff, and can increase tensions in day care centers.”

‘Cruel and unusual’

The judge said she does not have the authority to order the county to hire more prison guards for Burnside in this case.

“Having said that, there are striking similarities between the conditions of incarceration at CNSCF during rotational lockdowns and those seen as cruel and unusual treatment in another case,” Brothers said.

“If creative and effective measures to hire and retain staff are not pursued, the day may come when the court, in an appropriate procedural context, can provide some form of redress.”

Downey told the court that “the deprivation of his remaining liberties began on April 20, 2023, when CNSCF began instituting rotational lockdowns. He states that the only reason he was given for the lockdowns was staff shortages at the facility,” the court said. decision released Tuesday.

Downey said “he is not being offered time in broadcast court during rotating lockdowns, nor is he given daily access to phone calls or showers,” the judge said. Mr. Downey further states that he has difficulty calling his lawyers.”

He complained that the situation “reeked of punishment and is no different from locked units reserved for high-risk and violent inmates.”

‘I do not sport’

Downey, whose parole is June 30 and his jail term ends August 24, normally weighs 135 pounds, the court heard.

“I am 36 years old. I’ve never reached 200 pounds in my life. Just sit in the cell eat, lie, eat, lie, I weigh 210 pounds,” he told the court. “That’s because I’m not working out.”

Downey testified that he feels the lockdowns are happening almost every day and the situation is very difficult for his mental health.

“He stated that he has trouble sleeping due to his stress and anxiety. If he falls asleep early in the morning, if there is an unlock between 7:30 AM and 9:30 AM, he won’t get out because he’s still asleep. So the difficulty is that there may be no more rotary releases that day and he is locked in his cell all day.

Darren Pettipas, the prison’s assistant deputy superintendent, “admits Mr Downey’s freedom was deprived” by the rotary closures at Burnside, the judge said.

‘Safety and Security’

According to Pettipas, the day-to-day decision to use rotary lockdowns “is made to ensure the safety and security of the facility. It is based on the ratio between the available staff and the number of people in custody at any given time.”

The county argued that the prison “continues to strive to ensure that inmates are given maximum time outside of the cell and to redeploy staff within the facility every day, including senior management, to achieve this goal.”

It noticed a “significant security breach” in early April and forced it to transfer personnel from the unit where Downey was living at the time.

While that has since been resolved, “between April 21 and April 28, 2023, staff availability was reduced due to mandatory recertification training which has now been completed.”

deputy supp. Brad Ross told the court that the norm is for prisoners to have their cells open 12 hours a day.

“It was clear from his evidence that the facility is doing its best with the people they currently have,” the judge said. “There are simply not enough staff members to ensure that those in custody who are not subject to disciplinary action have the 12-hour unlock time outside their cells.”

‘Many employees have left’

Ross acknowledged that Burnside Prison has had many vacancies and attendance issues, the judge said.

“Since COVID, many employees have left to go to other positions,” he told the court.

Violence on another unit between late February and mid-March meant guards had to be reassigned, Ross testified.

“During that period, several days of closures were required during that period due to large-scale disturbances that saw five staff members sent to hospital for assault.”

‘They deserve better’

When judges send people to jail, they hope it leads to their rehabilitation, Brothers said.

“That is the premise of our criminal justice system. Locking individuals in custody – many of whom have pre-existing mental health problems – for exorbitant periods of time in their cells does not help and does not support their rehabilitation. The evidence of the toll this takes on his mental and physical health Even someone with strong mental health would find it challenging to be regularly locked in a cell, often for more than 20 hours a day, with little notice and no opportunity to earn more time out. is inhumane and causes these individuals to fail. They deserve better.”

Burnside Prison has been facing staffing problems for more than three years, the judge said.

“I was given very limited information on this filing regarding concrete steps being taken to mitigate the staff shortage. While I accept that administrators such as D/S Ross are doing their best with available staff, this is cold comfort to Mr. Downey and others who have recently filed habeas corpus applications related to the rotational lockdowns at CNSCF.”

The judge – who dismissed Downey’s case – said she understands that the “prison managers are doing their best with what they have”.

Brothers also accepted “Downey’s evidence that the rotations are adversely affecting his physical and mental health.”

When there was conflicting evidence about the time inmates left their cells, Brothers accepted the facility’s logs as accurate.

“I also note that Mr. Downey himself made no notes of times, so his evidence was more general in nature.”

‘A major concern’

According to the province, the safety of inmates in Nova Scotia prisons is a priority.

“The labor shortage is a major concern in both the public and private sectors,” Deborah Bayer, speaking on behalf of the Justice Department, said in an email Tuesday.

“Corrective Services, like other employers, continue to respond to a challenging job market. We are continuing our recruiting efforts to help improve the staffing situation in our correctional facilities.”