GOODYEAR, Ariz. – An incarcerated woman is raising concerns about practices at the Perryville State Prison Complex.
Meanwhile, the Arizona Department of Corrections, Rehabilitation and Reentry is operating under court-appointed monitors after a federal judge ordered sweeping healthcare changes to be implemented.
<!–>
Problems at Perryville
–> <!–>
FOX 10 spoke to a pregnant inmate at the Perryville prison who is due in March and claims women like her are facing challenges with nutrition, treatment before birth, after birth, plus inhumane practices. Now the ACLU is weighing in.
–>
“It’s pretty dire in Arizona,” said Corene Kendrick.
<!–>
Kendrick is the Deputy Director of the ACLU National Prison Project, which aims to make sure that prisons and jails across the nation comply with the constitution, domestic law and international human rights principles.
–>
READ MORE: US judge issues order in Arizona prison health care case
<!–>
“Judge Roslyn Silver ruled in 2022 that it doesn’t even meet the very basic requirements set forth under the 8th Amendment, all of the Supreme Court 9th Circuit and other case law that governs conditions in prisons” said Kendrick.
–>
<!–>
The federal lawsuit now known as “Jensen v. Thornell” challenged medical and mental health care conditions in Arizona state prisons.
–>
Judge Silver ruled that ADCRR violated the constitutional rights of prisoners and called its health care system “plainly, grossly inadequate.”
<!–>
She also said the department was aware of its failures for years and “refused to take necessary actions to remedy the failure.”
–>
Timeline:
<!–>
In April 2023, the court issued an order for ADCRR to fix constitutional violations.
–>
They appointed four experts to monitor compliance, requiring ADCRR to address “chronic” health care staffing issues and implement a new sick call process so that inmates can request medical attention with doctors and nurse practitioners, among other requirements.
<!–>
The backstory:
–>
“What would be the main issues right now for you as a pregnant incarcerated woman there?” asked FOX 10 investigative reporter Justin Lum.
<!–>
“I’d say the diet is pretty big, and I think my right to be able to pump breast milk shouldn’t depend on me being incarcerated or not at all,” said Caitlyn Macrery.
–>
READ MORE: Judge mulls third contempt case against Arizona for failing to improve prison health care
<!–>
Macrery is an inmate at the Perryville State Prison Complex in Goodyear.
–>
Macrery is serving a two and a half year sentence after pleading guilty to one count of “transporting dangerous drugs for sale” and she is in the third trimester of her pregnancy.
<!–>
Arizona’s Department of Corrections’ diet manual says the general population should get 300 extra calories during pregnancy and six weeks postpartum.
–>
Watch FOX 10 Phoenix live:
Over the phone, Caitlyn says that’s been a challenge.
<!–>
“On Saturdays and Sundays, we only get two meals instead of three. Every day of the week, Monday through Friday, we get two hot meals and a sack lunch for dinner,” she said.
–>
Macrery says the staff is serving her extra tuna and milk.
<!–>
“They’ll give me a double portion, sometimes, of tuna. The milk, I don’t drink milk. I asked for anything as an alternative. They said they don’t have it,” said Macrery.
–>
Big picture view:
<!–>
The Food and Drug Administration warns pregnant women to avoid tuna, among other fish, because it has the highest mercury levels.
–>
Caitlyn says she’s also lactose intolerant, leaving her in a tough position for nutrition.
<!–>
Kendrick says these allegations are appalling.
–>
<!–>
“This isn’t rocket science, you know, and they’re not asking ‘make me some special meal’ that’s steak dinner, or something like that,” Kendrick said. “If you’re lactose intolerant, that means you get violently ill when you consume dairy products. And if you’re pregnant and lactose intolerant, it’s even more important that you’re gaining weight and staying healthy for your health and for the baby’s health.”
–>
READ MORE: Judge: Arizona violates prisoners’ rights with poor care
<!–>
Breastfeeding is another concern for Caitlyn, as she says there’s a lack of resources at Perryville.
–>
What they’re saying:
<!–>
“I’ve heard all the females say that they’re engorged, crying and having to express their milk themselves into the toilet,” said Macrery.
–>
FOX 10 reached out to the Department of Corrections to speak with Caitlyn in person, and requested to speak with officials about prenatal care for pregnant inmates.
<!–>
A spokesperson sent a delayed response, asking for the interview synopsis and sample questions. We did provide a summary but not written questions, and have not heard back.
–>
<!–>
Dig deeper:
–>
In the Jensen v. Thornell case, a recent court filing shows the state is seeking more funding for staffing.
<!–>
The Attorney General’s Office says efforts to obtain additional funding depend on the executive budget, which is negotiated by lawmakers, passed by the legislature and signed by the governor, according to the filing.
–>
This comes in response to a court monitor’s report concluding that ADCRR needs a “much larger health care workforce in all its facilities to provide the level of care required” and “significantly more clinical space” in most buildings.
<!–>
“There’s a lack of health care staff working in the prisons. And so, as a result, there are delays in care, or people are being seen by healthcare staff who maybe aren’t qualified to provide the care they need. Also, a huge problem that we’ve seen is delays, and folks being sent off site to receive specialty medical care,” Kendrick said.
The ADCRR pregnancy diet menu we obtained confirms there are just two meals provided on weekends rather than three like Macrery told FOX 10.
–>
The Arizona Department of Corrections responded to the complaints in a statement:
<!–>
The ADCRR takes seriously the health and well-being of every individual in our custody.
–>
The Department has procedures in place to address the healthcare needs of patients throughout their pregnancy and postpartum stages in a manner that aligns with provider instruction and orders, best practices, and identified risks to improve patient outcomes and support the health and rehabilitation of the individual.
<!–>
ADCRR’s contracted healthcare provider, NaphCare, works to ensure that pregnant patients receive care and counseling as medically indicated throughout their pregnancy and postpartum timeframe, consistent with Arizona statutes pertaining to inmate rights and women’s health.
–>
Medically led screening and services begin at intake with evaluation, counseling, and education for pregnant patients in direct consultation with trained medical providers.
<!–>
From there, an OB/GYN meets with each pregnant patient at a frequency determined by the progression of their pregnancy and any related special needs. Orders and treatment plans, including clinically indicated levels of activity, nutrition, medications, housing, and safety precautions, are documented in the patient’s health record.
–>
In regards to Ms. Macrery, she is in regular communication with medical and administrative staff, with whom she maintains strong and positive relationships. Ms. Macrery is supported, and her dietary and other needs are provided for by both ADCRR staff and her medical provider. We do not have a record of Ms. Macrery claiming otherwise.
<!–>
In addition, ADCRR has no record of health concerns related to a patient’s need to express milk. Should specific concerns like this be brought forward by the patient, our team will be engaged and responsive to her concerns.
–>
As it relates to healthcare staffing, the ADCRR is continuing robust efforts, in conjunction with NaphCare, to recruit and retain healthcare professionals to serve our population.
<!–>
ACLU moves to appoint receiver to monitor prison healthcare
–>
Most recently, lawyers with the ACLU put in a request for more oversight of the 25,000 prisoners incarcerated in Arizona.
<!–>
The ACLU issued a statement on Feb. 11, requesting a judge to appoint a receivership to monitor the Arizona prison healthcare system.
–>
Kendrick was quoted in the statement writing the following passage:
<!–>
Nearly two years after Judge Silver ordered Arizona officials to make comprehensive improvements to prison medical and mental health care, and over a decade after we filed this case, the state and its for-profit health care vendors have failed to address the avoidable suffering and deaths in their prisons. Appointing a receiver is a rare step reserved for the most extreme situations, but here we are. The stakes are life and death for the people in Arizona prisons not receiving the care they desperately need.
–>