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Showing posts with label KS-Death. Show all posts
Showing posts with label KS-Death. Show all posts

Kansas overhauling post-prison treatment of sex offenders


10-1-16 Kansas:

TOPEKA, Kan. (AP) — Kansas is overhauling a program that confines sex offenders indefinitely for post-prison mental health treatment following a federal lawsuit, a critical legislative audit and legal challenges to similar programs in other states.

Officials in the Larned State Hospital program plan to roll out the changes in the next few weeks after months of work. They said treatment will become more structured, personalized and focused on changing thinking and behavior that could cause patients to commit new crimes once released. They also said patients will have a greater number of short, supervised community visits.

Advocates for the 264 men committed by state courts to the program said they're encouraged by the promised changes but remain concerned because the Larned hospital, about 100 miles west of Wichita, faces ongoing staffing issues.

A lawsuit filed by 25 of the patients in October 2014 alleged that the Kansas program "consistently" failed to provide adequate treatment and gave them almost no chance of ever being released. A legislative audit last year noted that in more than two decades, only three patients had completed the program, while 28 had died of natural or medical causes.

The most common way to leave Kansas’ sexual predator program is to die


There are a few charts in the original not duplicated here.

1-17-16 Kansas:

Paul Blumenshine won parole in 1995 after serving 20 years in prison for rape and aggravated battery.

But before his release date, the state of Kansas got a civil court order to lock him up indefinitely under a then-brand-new program to keep violent sex offenders with a high risk of reoffending off the streets until they were deemed to pose no risk.

Seven years was said to be an attainable goal for completing the treatment program.

But it hasn’t worked out that way for Blumenshine, nor for most of the nearly 300 men who have been committed to the Kansas Sexual Predator Treatment Program in the past two decades.

Only a handful have completed the program and been set free.

“All this is, is a concentration camp and a warehouse,” said Blumenshine, now 74 and resigned to the fact that he may never leave the program at Larned State Hospital. “The only way they get out of here is in a body bag.”

Indeed, 28 men have died in custody, while only four have been judged to pose no risk and been released.

“When you have seven times as many people dying as those completing the program, then you have a problem,” said Michael Whalen, a Wichita attorney who represents sex offenders who could be committed to the program or who are trying to get out.

Kansas program to confine sex predators to double in cost by 2025, state auditor says


4-28-15 Kansas:

TOPEKA, Kansas — The state's auditing agency says that the cost of civilly committing sexual predators for treatment in Kansas will double during the next 10 years.

The Legislative Division of Post-Audit presented a report Tuesday that estimates the program's cost will increase from $13.9 million in 2014 to between $26 million and $34 million in 2025.

In Kansas, offenders deemed sexual predators are committed to a Larned State Hospital after they serve their criminal penalties.

The number of patients in the program has grown to 258 and just three have been released since the program was launched in 1994, while 27 28 have died during their confinement.

State report shows safety, security problems in sexual predator treatment program


9-11-2013 Kansas:

Topeka — A state audit of the sexual predator treatment program at Larned State Hospital found problems that could affect the safety and security of staff and offenders.

“Quite frankly, I think this facility is a disaster waiting to happen,” said state Sen. Anthony Hensley, D-Topeka.

The report released Wednesday depicted an understaffed facility manned by overworked employees. Under these conditions, some safety and security precautions have been overlooked and need to be improved, the audit said.

During a meeting of the Legislative Post Audit Committee, state officials said staffing levels at Larned were improving, and that many of the audit’s recommendations were being implemented.

But Eldon Dillingham, of Wamego, whose son is in the treatment program, said the employee issues were much worse than the administration let on.

“Morale is zero down there,” Dillingham said.

Established in 1994, the program provides treatment for sex offenders who have completed their prison sentences but have been determined by the courts to be sexual predators in need of involuntary treatment. Some within the program have complained that the commitment is the equivalent of a life sentence since only three people have ever completed the program while 22 have died while under commitment.

As of April, there were 219 residents in the sexual predator treatment program at Larned, and seven at Osawatomie State Hospital.

KDHE investigates complaints at Sexual Predator Treatment Program


8-18-2012 Kansas:

TOPEKA — A crew of Kansas Department of Health and Environment inspectors spent much of this week investigating complaints filed by patients in the state’s Sexual Predator Treatment Program at Larned State Hospital.

The eight surveyors arrived at the hospital Monday and departed Thursday, according to KDHE officials.

Tim Keck, deputy chief counsel at KDHE, said the complaints were considered “routine” and were unrelated to an earlier survey that cited the hospital for not having enough nurses and for not doing enough to ensure that medications were safely dispensed.

Keck said the inspection also was unrelated to the recent death of Robert Boatright, a 57-year-old patient in the Sexual Predator Treatment Program.

The earlier survey, completed in March by The Joint Commission, turned up problems that would put the hospital’s accreditation – and potentially $14.5 million in federal aid – in jeopardy if not corrected by the time surveyors return.

According to the Joint Commission report, 27 percent of the hospital’s registered nurse positions and 44 percent of the licensed practical nurse positions were vacant.

Because of staffing shortages, hospital officials have acknowledged that nurses and direct care workers often are required to work 12- and 16-hour shifts.

The Joint Commission is a national organization that accredits hospitals. Its surveyors are expected to return for an unannounced inspection by Sept. 27.

Keck said KDHE policies called for an annual inspection of the Sexual Predator Treatment Program’s overall operations. He said the department also tries to conduct an annual review of patient complaints.

Keck said his office sent surveyors to the Sexual Predator Treatment Program this week after realizing the complaints, none of which were considered “major,” had not been reviewed “for a number of years.”

“This is a population that makes complaints on a regular basis,” he said. “We’re really not in a position to respond to every complaint every time one is filed, but we do try to look into them once a year. When we found out that hadn’t happened in a while, we arranged to have some inspectors go out there. It needs to be done.”


Keck said complaints that are considered “major” are subject to a “much quicker” review process.

Most of the complaints now under review, he said, involved purported lack of cleanliness and other housekeeping issues.

Keck said the survey’s findings would be made public, noting that “if there’s a problem,” KDHE would request corrective action.

Historically, the Sexual Predator Treatment Program, launched in 1994, has had its facilities licensed through KDHE. Until this year, the program was run by the Kansas Department of Social and Rehabilitation Services. It’s now administered by the Kansas Department for Aging and Disability Services.

Keck said The Joint Commission survey was limited to the hospital’s inpatient psychiatric unit and did not involve the Sexual Predator Treatment Program.

Rick Cagan, executive director with the Kansas Chapter of the National Alliance on Mental Illness, said his office had received several calls about conditions at both the hospital and the Sexual Predator Treatment Program.

“I think it’s pretty clear the hospital has a big HR (Human Resources) problem and morale is really low because they’re so understaffed and people are having to put in so much overtime,” Cagan said. “There are just a ton of health and safety issues that need to be addressed. The place is a time bomb.”

Last month, KDADS announced that starting pay for the hospital’s registered nurses had been increased from $23.31 to $29.73 an hour in an effort to attract and retain nurses.

Since then, the hospital has put a single office in charge of coordinating nursing schedules throughout the hospital. Before, each unit handled its own scheduling.

“We went live on the 6th of August,” said Thomas Kinlen, the hospital’s interim superintendent. “There are definitely some growing pains, but we’re working on them, we’re listening to our nursing staff. We’re trying make it so they can focus more on patient care and not so much on managing schedules.”

The hospital’s licensed practical nurses are represented by the Kansas Organization of State Employees, a labor union.

“Right now, the ‘master scheduler’ is a mess,” said KOSE Executive Director Mike Marvin. “But they’ve been talking with us about it, and it looks like once they get the bugs worked out it’ll be better.”

Marvin said KOSE and KDADS were negotiating a pay raise for the hospital’s licensed practical nurses. He declined further comment.

A man who has been a patient in the Sexual Predator Treatment Program for the past 13 years said Boatright died shortly after being taken to the emergency room at Pawnee Valley Community Hospital in Larned.

The man, whose name is withheld here at the request of state officials, said complaints from patients about conditions at the hospital have long been ignored.

“This place is an absolute disaster,” he said. “It’s a zoo. But you know what? The public doesn’t care. KDHE isn’t going to do anything; The Joint Commission isn’t going to do anything. Nobody cares. I don’t know why they don’t just give us all the death penalty.”

Kinlen and other state officials declined comment on Boatright’s death.
..Source.. by Dave Ranney

Civil Commitment Deaths



The purpose of this entry is to record reported deaths in the Kansas Larned State Hospital, which includes both mentally ill patients and Civil Commitees. Hopefully, through further research we can find the names of those that have died and reasons for their deaths, then record just the civil commitment folks.

4-4-2008 Kansas: (Deaths in 2004 2005 2006)

TOPEKA, Feb. 21 — The deaths of two residents at Larned State Hospital are being investigated by the Disability Rights Center of Kansas.

“We’re determining whether legal action should be taken,” said the center’s executive director, Rocky Nichols.

Nichols said the center’s attorneys have been retained by one of the deceased residents’ families.

“We’re talking to them about what the facts are, what their rights are and what are the options for them to get justice,” he said.
One of the residents, a woman, died April 1, 2006, after choking on pancakes. State records show the resident had difficulty swallowing and had been put on a soft-food diet that did not include bread and cereal products.

A second resident died Dec. 21, 2006, while strapped in a restraining chair.

Nichols declined comment on the second resident’s death, noting it was the subject of an ongoing investigation by his staff.
“At this point, all I can say is that we’ve conducted a preliminary investigation and we’ve retained independent forensic pathologists, who have conducted an autopsy and toxicology on the LSH patient who died in the restraint chair,” Nichols said. “We’re waiting for those results.”

He declined to say whether the resident was male or female.

Kansas Department of Social and Rehabilitation Services Secretary Don Jordan confirmed the second resident’s death.

“We’re still trying to figure out what happened, but it’s my understanding that an attendant was present when this individual began having breathing stress,” Jordan told KHI News Service.

He said the resident had been strapped in a “restraint chair” after exhibiting behavior that was potentially injurious.

“We’re still waiting for the autopsy results,” Jordan said.

Last month, Larned State Hospital was the subject of a hearing before the House and Senate health and human services committees after being cited by state inspectors for poor housekeeping, broken furniture, and faulty plumbing.

In their report, the state inspectors called conditions at the hospital “inhumane.”

The findings were the subject of a Jan. 21 front-page story in The Wichita Eagle.
During the hearing, Larned State Hospital Superintendent Mark Schutter said the inspection had been triggered by complaints filed by sex offenders housed at the hospital.

Schutter did not dispute the findings but was quick to note that most of the deficiencies involved the hospital’s sex offender programs. These programs, he said, are in the oldest and most difficult to maintain buildings on campus.

Schutter cautioned legislators against overreacting to the report, noting that sex offenders are “extremely proficient in getting people outside the facility to take up their cause.”

Nichols bristled at Schutter’s defense.

“I certainly have no sympathy for sex predators, but that doesn’t mean LSH can violate residents’ rights, not do their job and ignore these deficiencies,” he said.

News of the second resident’s death irked Rep. Jeff Colyer, R-Overland Park, a member of the House Health and Human Services Committee.

“We expect patients under our care to be kept safe,” he said.
Larned State Hospital records show that four residents died in 2006; two in 2005, three in 2004.
The other two deaths in 2006 were attributed to cancer and gastrointestinal bleeding. ..more.. by Dave Ranney is a staff writer for KHI News Service, which specializes in coverage of health issues facing Kansans. He can be reached at dranney@khi.org or at 785-233-5443, ext. 128.

Most Kansas sexual predators don't leave program


Between 1994 and 2012, 17 folks committed to civil commitment have died.
1-30-2012 Kansas:

Sexually violent predators who are ordered to a state hospital for treatment after serving prison sentences are almost never released, and Kansas officials say they expect the overcrowded program to continue expanding.

The Sexual Predator Treatment Program, which began in 1994, gave prosecutors a place to indefinitely hold convicted sex offenders who are considered too dangerous to release from prison. Instead, prisoners are sent to Larned State Hospital for treatment with the goal of being released back into society.

But data from the Department of Social and Rehabilitation Services shows that only three have been released since 1994, The Lawrence Journal-World reported (http://bit.ly/wzHrHX ). In the same time period, 17 have died, according to the SRS.

"You don't get out of here," said Mark Brull, a convicted sex offender confined to the program.

Since 2009, about 16 offenders have been committed to the program each year. Current projections predict the program will grow to more than 370 residents by 2020, said SRS spokeswoman Angela de Rocha.

The program currently costs the state $13 million a year, and the social services department asked the Kansas Legislature in September for another $2 million for facility upgrades to accommodate the anticipated growth.

Treatment for Brull, who was convicted of aggravated sexual battery and indecent solicitation of a child in 1997, costs Kansas about $60,000 per year.

"It's a very expensive warehouse," Brull said.

Treating violent sexual predators can take a significant amount of time, said Larned State Hospital Superintendent Christopher Burke.

"By the nature of their designation, they tend to have more entrenched behaviors," Burke said.

Kansas' treatment program has seven phases, starting with orientation at Larned and ending with a court-approved release and transition back to society. Before being released, offenders progress to closely supervised reintegration at Osawatomie State Hospital and then to conditional release at a residential facility in Miami County, where there are currently seven offenders from the program, Burke said.

Kansas is one of 20 states with sexually violent predator laws, and the growth caused by few releases is "not unique to Kansas," said W.L. Fitch, who teaches mental health law at the University of Maryland.

States that have such laws are in a bind, he said, because the programs become overcrowded or those who are released possibly repeat the offense.

"Politically, it's a huge risk," Fitch said. "You have some folks no one is going to take a chance on."

Critics of involuntary commitment of sex offenders argue that such programs are actually designed to keep offenders locked away with little hope of treatment, Fitch said.

Brull agrees, saying he's "100 times worse" than he was when he entered the program.

"Any kind of carnal knowledge under the sun you're exposed to here," said Brull, who has reached phase three of the program but has given up on progressing.

"I'll either die here or die in prison," he said. ..Source.. by The Washington Examiner

Lawyer loses round in fight against Kansas’ sexual predator law


8-23-2013 Kansas:

A Wichita lawyer who is challenging the state’s sexual predator law lost a bid Friday to keep the state from using his client’s medical and prison records against him.

But the lawyer, Michael Whalen, said he will continue to challenge the state’s Sexual Predator Act despite a 1997 U.S. Supreme Court ruling that said the law was constitutional.

“The act we have today in no way resembles the act reviewed by the Supreme Court,” Whalen said after Friday’s hearing. “Since that time, there have been numerous amendments and changes to the law.

“It’s not over and done with, not by any stretch of the imagination.”

The law, passed in 1994, allows the state to confine some repeat sex offenders to a secure building at the Larned State Hospital after they have served their prison sentences. The Legislature passed the law after the 1993 death of Stephanie Schmidt, a Pittsburg State University student killed by a paroled rapist.

Attorney works to overturn Kansas sex predator law


8-25-2013 Kansas:

WICHITA, Kan. (AP) — An attorney for a Kansas man who is among the roughly 250 sex offenders confined at a state hospital because their prison terms expired and they were deemed too dangerous to go free says the law that allows this has changed significantly over the years and needs to be re-examined.

Michael Whalen, a lawyer for 63-year-old sex offender Robert Ontibersos, Friday urged District Judge Terry Pullman on Friday to quash subpoenas for his client's medical and prison records, The Wichita Eagle reported (http://is.gd/udJfzc ).

Ontibersos was convicted of attempted rape in 1983 and aggravated sexual battery in 2001. He was about to be paroled in 2008 when a jury found that he was a sexual predator, resulting in his continued incarceration under the state's Sexual Predator Act, which the U.S. Supreme Court upheld in 1997.

The Kansas Supreme Court overturned the verdict and said Ontobersos' attorney was ineffective. Whalen, who argued Friday that disclosing his client's records violates federal medical privacy laws, has taken over as Ontibersos' counsel.

Jennifer Wilbert, who represented Larned State Hospital at Friday's hearing, said there's an exception in federal privacy law that requires confidential medical records to be provided to authorities in sexual predator cases.

Ontiberos' mental health records would be needed in order to determine whether or not he is a sexual predator, Assistant Kansas Attorney General Christine Ladner said.

"It's the heart of the issue; that's why the law provides for it," she said.

The law considered by the U.S. Supreme Court in 1997 is a far cry from what the state's Sexual Predator Act has become, Whalen said.

"The act we have today in no way resembles the act reviewed by the Supreme Court," he said. "Since that time, there have been numerous amendments and changes to the law.

The law was passed in 1994 and allows the state to confine some repeat sex offenders to a secure building at the Larned State Hospital after they have served their prison sentences. The law was passed after the 1993 death of Stephanie Schmidt, a Pittsburg State University student who was killed by a paroled rapist.

At the time of the Supreme Court's 1997 ruling, there were nine predators being held at Larned State Hospital. There are about 250 there today, and only four have been released from the program. Sixteen have died in custody.

Whalen said that over the years, the Kansas Legislature has eliminated many of the rights written into the original act, including the requirement that a civil sexual predator trial must start no more than 60 days after a judge determines there is enough evidence to put the question to a jury.

Lawmakers eliminated that time limit more than a decade ago, he said.

One of Whalen's clients, Todd Ellison, 44, has been in Sedgwick County Jail awaiting trial for more than four years, he said. ..Source.. by SFGate