Biden’s prisons chief tapped to fix lagging mental health care in California lockups

Following through on intentions broadcast a year ago, a federal judge is putting control of California’s troubled inmate mental health programs into the hands of an outsider: President Biden’s former chief of prisons.

With inmate suicide rates at an all-time high, U.S. District Senior Judge Kimberly Mueller said her aim is to force changes in California’s prison mental health system, which a federal judge in 1995 deemed to be so poor as to constitute cruel and unusual punishment.

To do that, Mueller is naming a federal “receiver-nominee” to develop an oversight plan for psychiatric services for California’s prison population. Three prior candidates, for varying reasons, passed up the job.

Mueller’s pick to tackle the prisoner mental health care system is Colette Peters, who stepped down as Federal Bureau of Prisons director the day Donald Trump returned to the White House. The choice was announced Tuesday during a closed-door meeting with lawyers for inmates and Gov. Gavin Newsom, and published Wednesday as an order. Participants in the case said Peters has accepted a four-month position.

In that time, Mueller proposes that Peters work with opposing sides to come up with a plan of attack. Her full appointment as receiver would hinge on that plan. Lawyers for the state and for inmates have 10 days to comment on the judge’s proffer.

Newsom’s office would not immediately comment on what it described as “pending litigation.” State lawyers Tuesday told Mueller that while Peters was an acceptable choice, they reserved the right to contest California’s loss of control over a critical and expensive component of its sprawling incarceration system, a hearing participant said.

In that vein, a state lawyer in December argued that the “weighty decision” for a court takeover requires evidentiary hearings. At the time, Supervising Deputy Atty. Gen. Damon McClain said the need for a receiver was negated by improving conditions — namely the hiring of more social workers, just one of the positions for which the prison system has chronic shortfalls.

The state’s rosy depiction of improvements drew a rebuke Wednesday as the 9th Circuit Court of Appeals upheld Mueller’s July 2024 civil contempt findings against the state. The state argued it had “substantially complied” with orders to hire mental health staff “by taking all reasonable steps to comply.”

The appellate panel said that was untrue. It pointed to delays in responding to job applicants, and unaddressed grievances from staff frustrated with high workloads, lack of security protection, insufficient supplies and lousy workspaces “which often took the form of windowless converted cells in old and unheated prisons.”

The appellate opinion noted the state did not rebut this evidence or show why it could not address those problems.

Read more: Ninth Circuit on Coleman contempt ruling.pdf

Lawyers for inmates in the long-running class-action lawsuit described Mueller’s decision to name a receiver-nominee as a breakthrough. Plaintiff’s attorney Michael Bien said a receiver is empowered to make decisions that otherwise could be entangled in years of litigation. Dockets show lawyers for both sides have been wrangling for years over a policy to permit half of mental health staff to work remotely and deliver care by video and phone.

More than 34,000 inmates — more than a third of the California prison population — are considered to have some sort of serious mental disorder. According to court findings, not once in 35 years of litigation has California had enough mental health staff to provide an acceptable minimum level of care.

Court declarations cite a 2023 state analysis that found that of the 30 inmates who killed themselves in 2023, more than a fourth had received inadequate mental health care because of understaffing. One who hanged himself with a bedsheet had not had a mental health visit for more than seven months.

A special master appointed by the court to do fact-finding in the case said last year that a “bona fide mental health staffing emergency” persisted and in some prisons had gotten worse. The report concluded that only 38% of reviewed patients received adequate care.

The class-action lawsuit is named after a 1990 complaint filed by inmate Ralph Coleman, objecting to a lack of psychiatric services at Pelican Bay State Prison. It was expanded by prison rights attorneys to address what they allege are lapses in care that have resulted in inmate suicides, mentally ill prisoners being held naked in barren isolation cells and lengthy waiting lists for treatment.

In the course of the proceedings, prison rights attorneys have shown videotapes documenting the use of pepper spray, restraints, hoods and batons on mentally ill inmates in the throes of psychotic episodes.

Mueller, a former Sacramento City Council member who studied law at Stanford, was named to the Eastern District bench in 2010 by President Obama. She inherited the Coleman case from Judge Lawrence Karlton, who died in 2015 after retirement.

The Coleman case is one of two landmark class-action suits against California’s prison system that have been overseen by a three-judge panel that 10 years ago issued sweeping orders requiring California to reduce prison crowding.

The companion case found medical care in the prisons to be so poor as to cause preventable deaths, and resulted in appointment of its own federal receiver in 2006. Still present, that receiver has mandated increased funding for medical care and electronic health records, among other changes. Given the improvements, the court in 2015 began returning control of medical services to the state, one prison at a time. That process is nearly complete.

The Coleman case has so far failed to bring about similar improvements in inmate psychiatric care. As the prison population overall has decreased, the percentage of inmates in need of mental health services has risen.

Citing “ongoing constitutional violations,” Mueller in 2023 asked the U.S. attorney general to weigh in on California’s staffing for inmate mental health care and lagging efforts at suicide prevention.

“The state repeatedly has fallen short of its constitutional obligations in a number of critical areas: suicide prevention; the treatment of mentally ill inmates in administrative segregation; those inmates’ access to higher levels of care, including mental health crisis beds; and staffing,” she wrote in her 2023 petition.

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Though the Ninth Circuit upheld Mueller’s 2024 contempt finding against California, the appellate panel asked the judge to show calculations for the associated monthly fines, which now exceed $197 million. The amount is intended to reflect the savings the state realizes from leaving prison mental health jobs unfilled.

In 2024, Mueller wrote that the contempt order and fines were having little impact.

“The court has exhausted virtually every mechanism for prodding defendants to finally achieve compliance,” Mueller wrote in a July 2024 order contemplating appointment of a receiver.

In the prison medical care case, the receiver crafted a turnaround plan for the state, ramped up physician salaries and negotiated with the administration for funding to build medical facilities. The medical receiver launched an electronic records system, tackled disease outbreaks including Valley Fever, and even monitored the health of prisoners staging a systemwide hunger strike.

It’s not yet clear what powers a mental health receiver would be given.

As head of the federal prison system under Biden from 2022 to early 2025, Peters confronted issues such as crumbling infrastructure, inadequate staffing and a scandal at a federal women’s prison in Alameda County so beset by allegations of sexual abuse that it was dubbed “the rape club.” She ordered that prison closed down.

Prior to that, she ran Oregon’s state prison system.

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