LD 1240’s withdrawn provision stated that in instances like James’s “the person must first serve the undischarged term of imprisonment” before going to the hospital. James has nearly 10 years left on a previous guard-assault and several theft sentences. Steinberger has said that such a mentally ill inmate threatens himself through suicide and further assault convictions, which could add years to his time.
At a March 26 hearing, the provision was opposed by the Maine Civil Liberties Union (MCLU), the National Alliance for the Mentally Ill Maine (NAMI Maine), and Bailey.
She told the committee that leaving a mentally ill person in prison for years without proper treatment would probably result in him becoming more dangerous to guards.
Richard Thompson, speaking for MCLU and NAMI Maine, said, “If this committee is truly committed to keeping these individuals in prison, it must guarantee that there will be adequate funding, training, and staff resources to care for them in a manner that does not threaten their Eighth Amendment right to be free from cruel and unusual punishment.”
Both organizations Thompson represents have criticized the state’s prisons for inadequate treatment of mentally ill inmates.
Leadbetter appeared unmoved by appeals to humane treatment.
“Execution of punishment” should come first, he said in an interview. He went so far as to assert: “I don’t care whether it works or not” — about the prison’s treatment of mentally ill inmates.
He maintained that the law forbids a prisoner to be in the custody of two departments — Corrections and Health and Human Services, which operates Riverview — at the same time.
Bailey scoffed: “They do it now,” saying she has as clients prisoners who serve sentences while committed to Riverview.
Bailey and Leadbetter agreed, however, that issues in the Michael James case are potentially far-reaching. Leadbetter said there are “constitutional implications.”
