Arsenic levels too high in Kern Valley State Prison's drinking water
Three years past deadline, California has no solid plan to reduce the
arsenic, which has been linked to cancer. Officials spent money to design
a filtration plant and then decided not to build it.
By Michael Rothfeld
December 29, 2008
Reporting from Delano -- Beside a field of rolling tumbleweed in this
remote Central Valley town, the state opened its newest prison in 2005
with a modern design, cutting-edge security features and a serious environmental
problem.
The drinking water pumped from two wells at Kern Valley State Prison
contained arsenic, a known cause of cancer, in amounts far higher than
a federal safety standard soon to take effect.
Yet today, nearly three years after missing the government's deadline
to reduce the arsenic levels, the state has no concrete plans or funding
to do so. Officials spent $629,000 to design a filtration system and then
decided not to build it, while neglecting to inform staff and inmates that
they were consuming contaminated water.
After the prison finally posted notices last April on orders from the
state Department of Public Health, the inmates continued drinking the water,
under protest.
"We have no choice," said Larry Tillman, 38, who was serving time for
burglary. "We should at the very least receive bottled water, or truck
in water from another city."
Most correctional officers at Kern Valley State Prison take bottled
water to work -- some say they prefer it anyway -- but administrators created
a form letter to reject requests for alternative water from some of the
4,800 inmates. The administrators say the health hazard from arsenic, a
chemical used in industry and farming, is insignificant, and they promise
to filter the water some time in the next few years.
"It's not that major of an issue," said Kelly Harrington, the prison's
new warden.
But long-term exposure to arsenic, common in Central Valley communities,
has been linked to cancer of the lungs, skin, kidneys, liver and bladder
and to other maladies.
The situation, critics say, is emblematic of the short-sighted planning
and creeping pace of the mammoth prison bureaucracy as it struggles to
house 170,000 of California's most undesired residents.
The state has placed many of its lockups far from major cities, in rural
areas with nothing as far as the eye can see, where they are embraced by
residents desperate for jobs and commerce. But officials have sometimes
ignored health threats endemic to these regions.
Between 1987 and 1994, the state built four prisons in a part of the
Central Valley known as a hotbed of valley fever, a sometimes severe infection
that usually affects the lungs. Health experts estimate that the state
has spent millions to treat inmates for the disease, spawned by a fungus
in desert soil.
In 2007, the year after five inmates died from valley fever, the state
proposed expanding five prisons in the Central Valley but later backed
off
on two of the sites. One proposed expansion site, Pleasant Valley State
Prison in Coalinga, had an outbreak that sickened 520 prisoners in 2006.
A Fresno County grand jury concluded last year that the prison, built in
1994, should not have been put there.
At the California Institution for Women in Chino, the state has been
buying bottled water for prisoners for five years -- at a current annual
cost of $480,000 -- because of nitrate levels that violate federal standards
in the water supply to the facility and to the nearby California Institution
for Men. Nitrates, which are chemical compounds that often get into soil
from fertilizer and manure, can cause a blood disorder in fetuses and infants.
Chino-area municipalities have built systems to filter their own water,
and the state hopes to complete a similar project a year from now for both
the women's and men's prisons. But Chino Mayor Dennis Yates, who says sewage
from the men's prison has long polluted the Santa Ana River, is skeptical
of state officials' competence.
"Even if you do give them money, they don't do anything," Yates said.
"It's just a huge, bloated bureaucracy."
In 2001, four years before Kern Valley prison opened, the U.S. Environmental
Protection Agency ordered a reduction in the maximum level of arsenic in
drinking water from 50 parts per billion to 10. Water suppliers had until
Jan. 23, 2006, to meet the new standard. Recent testing has shown the arsenic
level in one prison well at 23 parts per billion and the other at 15.
One day this month, in a low-slung white building with blue doors known
as Facility C, prisoners bunking in a crowded gymnasium drank from the
water fountain and used water from the sinks to make their soup. Some newcomers
said they had not been told about the contamination upon arrival at the
prison.
"I just came from an institution where the water was just atrocious,
definitely foul," said Ramon Diaz, 25, who had three years remaining on
a sentence for drug dealing. "This to me is like spring water here, and
you come to find out that it's not the way it should be, either."
Corrections Department officials said they could not explain why a filtration
system was not included in the prison's design because most of the employees
who worked on it had since left. Later, the agency developed plans to add
a filtration plant. It obtained $2.5 million from lawmakers for that purpose
in 2006.
But planners abandoned the idea, electing instead to incorporate the
project into an overall prison expansion approved by lawmakers. Flaws in
the legislation have postponed the expansion indefinitely.
State project manager Gary Lewis said the filtration plant is in the
"conceptual study phase."
This year the EPA has ordered 11 California water systems to reduce
excessive arsenic levels. One was the city of Delano, which serves the
North Kern State Prison, a few miles from Kern Valley prison. On Dec. 12,
after inquiries by The Times, the state public health department ordered
Kern Valley State Prison to come up with a plan by February to comply with
the arsenic law.
The prison's chief medical officer, Dr. Sherry Lopez, said there was
no immediate danger from the lockup's water, based on an e-mail she received
in April from a poison-control expert who said arsenic is "much more a
regulatory problem than a public health problem."
"It kind of reassured me and everybody else here that everything is
OK," Lopez said.
But Dr. Gina Solomon, a scientist at the Natural Resources Defense Council,
an environmental advocacy group, said that the law is important and that
disempowered populations, such as prisoners and poor rural workers, often
suffer because of lax enforcement.
"The standard was set for a reason, and the reason is that arsenic is
known to cause cancer in humans," she said. "So the clock is ticking. The
longer that people are drinking the water, the higher the risk."
Many of Kern Valley's prisoners are serving life terms, but even those
with shorter stints are worried.
"It's definitely a concern for us if there's an abundance of arsenic
in the water and we're ingesting that," said Dylan Littlefield, 36, an
inmate from Hollywood with five years remaining for attempted robbery and
drug dealing. "Who knows if we're going to be treated properly?"
The healthcare system in the state's prisons has been turned over to
a federal receiver by a judge who said substandard treatment has caused
many needless deaths behind bars. The receiver, J. Clark Kelso, was not
alerted to the arsenic problem by the state, his top aide said.
"We're concerned about the potential health risks and we have to look
into it," said John Hagar, the receiver's chief of staff. "Constructing
facilities that are inadequate from the beginning is unfortunately part
of a long-standing trend with the Department of Corrections, so I'm not
surprised."
michael.rothfeld@latimes.com
Editorial
California's broken prisons
The state must reform the penal system quickly or face dangerous consequences.
January 5, 2009
In the middle ages, captives were often tossed into dark holes called
“oubliettes,” a term derived from the French word for "forget": Once you
were sent to an oubliette, you were out of sight and quickly forgotten.
We have the same thing today in California, only we call them "prisons."
Times staff writer Michael Rothfeld’s story Dec. 29 about high levels
of arsenic found in the drinking water at Kern Valley State Prison would
seem shocking if such disregard for health standards had occurred in nearly
any other state, but in California it's almost a matter of routine. Most
residents would prefer to forget about our prisons and the 170,000-odd
inmates they hold; it's only when news emerges about riots or environmental
disasters or financial crises that they rise, briefly, to the public consciousness.
The trouble is, closing our eyes doesn't make the prisons go away. So severe
have their problems become after years of neglect that they're about to
give us a very painful reminder of their existence.
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Times: Palin Dead Wrong
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A panel of three federal judges is expected to decide any day now whether
to release as many as 52,000 inmates from California prisons over two years
to relieve overcrowding. It doesn't take a criminologist to predict the
result if this occurs: Thousands of criminals, many with drug addictions,
will hit the streets in tough economic times, when even the ones who are
employable will be unable to find a job, leading to a rise in crime. Californians
will react, as they usually do, by passing more get-tough-on-crime laws,
and more prisons probably will be built. They'll quickly be crammed full,
and the state will be stuck with billions in added costs, with no way to
fund them. And so the cycle will continue.
Experts have been explaining how to avoid this mess for more than a
decade, if only voters and lawmakers would listen. California must revise
its probation and sentencing rules, rehabilitate prisoners by offering
more job training and drug-rehab programs, repair its prisons' substandard
healthcare system and stop building prisons on contaminated sites, such
as the Kern Valley facility in Delano.
Many of those fixes, especially involving the healthcare system, will
cost a lot of money, something the state can ill afford as lawmakers try
to plug an $18-billion budget gap. Yet spend we must: A federal receiver
is demanding $8 billion to get the health system up to constitutionally
acceptable standards, and federal judges have the power to order the state
to put up the money. It's an outrage to lay out huge sums on prisons even
as we're contemplating school closures, but Californians have no one but
themselves to blame. Maybe now we can stop pretending the prisons don't
matter, or that we can solve our crime problems solely by incarceration.
Comments:
1. From some of the comments made here I can tell that a lot of you
have never been touched by the prison system. I never thought I would be,
but my son is incarcerated for a crime he did not commit. Whether he did
or did not commit the crime is irrelevant - he must put up with the overcrowding
and poor medical that is available. Believe me, when YOU are touched by
the system - and the way things are going eventually everyone in CA will
be - you will be singing a new tune.
Submitted by: Madhatter
4:47 PM PST, January 6, 2009
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2. My opinion is that maybe the law needs to do something about it.
I mean if the prisons of California are overcrowding with criminals I think
they should send them to another state’s prison or rebuild a bigger and
better facility or prisons. Federal judges should really do something;
sure California has a million criminals but there are other facilities
they could go to that aren’t so crowded. I also think they should give
the disserving inmates on parole and keep a close watch on them or send
them to rehab. California might be the second largest state with a high
criminal record but not all criminals are bad it’s just how life runs for
them.
Submitted by: Sondra Mack
1:49 PM PST, January 6, 2009
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3. I hope many parents will read this tonight. We, are parents who
took an active role in our children's lives, worked hard and never gave
a thought about the state's prisons,not until, our own son was swept up
in the nightmare. In fact, I know too many young people that have had their
lives ruined for mistakes that most of my generation made. We have 1000's
of new laws on our books. We have created a monster. There are hundreds
being swept up from Jessica's law. A law designed to protect children,
is now destroying thousands of children. We need to reform the 3 strikes
laws, and we need to invest in our children. Our future depends on this.
Submitted by: Buchanan
8:58 PM PST, January 5, 2009
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4. Releasing parolees with no services, no housing, no jobs, no help
will only result in them violating again. Most non violents offenders have
drug issues. Prison doesn't cure it, never has. Only 10% of prisoners out
of 170,000 ever receive any drug rehabiliation while incarcerated. Before
they release any non-violents they need to have safety nets in place.
Submitted by: Morris1
8:28 PM PST, January 5, 2009
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5. They need centers they can go to to get help. They should look at
releasing sick, elderly, mentally ill and those who have served ridiculously
long sentences already before they release the non violents if they truly
want to bring down the population. They are focusing on the non violents
because they know they will fail. So the can say "see, we told you so".
Also those who tout that crime is down because of our touch on crime stance
are only looking at California. There are 49 other states that have lower
crime rates that don't have the draconian sentences we have.
Submitted by: Morris1
8:28 PM PST, January 5, 2009
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6. Crime rates across the nation are lower. All our "tough on crime"
legislation has done is fill our prisons with people who shouldn't be there.
3 strikes, Megans law & Jessicas Law are some of the worst offenders.
These laws have been abused by law enforcement and are scooping up the
wrong individuals. They are too vague and cast too wide a net. CALIFORNIANS
NEED TO STOP LISTENING TO POLITICIANS AND LAW ENFORCEMENT AND THEIR SPECIAL
INTEREST GROUPS THAT PROFIT ON PRISONS. USE SOME COMMON SENSE!
Submitted by: Morris1
8:27 PM PST, January 5, 2009
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7. WHY NOT JUST OUTSOURCE THE PRISONERS TO OTHER COUNTRIES AND SAVE
MONEY? THEY WILL CHANGE FOR THE BETTER ON THEIR RETURN TO THE USA.
Submitted by: pdx
8:08 PM PST, January 5, 2009
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8. Crime was falling 2 years before Three Strikes was enacted, so such
as statement is false "The Three Stikes law was passed and crime began
it's downward trend. It's pretty simple, if you want safe streets, build
more prisons.Strike less New York saw a 23% greater reduction in violent
crime and is closing prisons!Again the experts spoke,and many refuse to
listen!Stuck on stupid!
Submitted by: Frank Courser
4:43 PM PST, January 5, 2009
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9. CDCr releases between 9,000 and 11,000 prisoners every month. The
problem is that 70% of them (or 28.5% of all people currently in prison)are
returned to custody for up to 1 yr on just the say-so of parole officers,
who are basically just glorified prison guards. Parolees are "violated"
mostly for things that are not even crimes, such as failing to keep an
appointment. No judge, no jury, and no evidence are required. Thus the
system has become captive of the prison guard union, who deliberately create
overcrowding in order to keep their overtime gravy train going.
Submitted by: Zuma
1:38 PM PST, January 5, 2009
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10. Legalize pot and hookers, deport illegals instead of incarcerating,
and a huge number goes away. Too many people in jail for non-criminal behavior
being turned into criminals.
Submitted by: JS
12:55 PM PST, January 5, 2009
11. Maybe we need to do something about illegal immigration which alone
would remediate this problem along with several others.
Submitted by: Michael F
12:30 PM PST, January 5, 2009
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12. Taxpayers don't want to know anything about prisons or what experts
have to say, they want Draconian punishment. The days of rehabilitation
are long over and this is the result; You get what you pay for people.
It's unfortunate that the decision to fund vengeance has superceded our
desire to fund schools, daycare and projects aimed at building society
instead of prisons. A little late to expect deliverance when you have the
system you voted for.
Submitted by: JenAZ
11:43 AM PST, January 5, 2009
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13. Don't get me started on this issue. The Prison system is very bad
because of one reason, We are taking care of and keep alive dangerous and
evil criminals who are wasting space, where if you hurt someone you will
be hurt to, not if you hurt someone you will get a cell (room), 3 meals
a day (food), and cleanliness (shower), I mean, this is the "reward" we
give murders and rapist? And another thing, Get rid of criminal rights,
no dangerous criminal should have any rights, only needle or noose.
Submitted by: Wake up people
11:16 AM PST, January 5, 2009
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14. I can't wait for the federal receiver to take 8 billion for health
care for prisoners in California. If you are poor and commit no crime in
California, you get no health care. If you commit a crime and go to prison,
you not only get health care, but the poor guy has to help pay for it.
Great! The voters will know what to do with politicians and judges that
let that happen. It is when we get some useful change.
Submitted by: Richard Eide
11:04 AM PST, January 5, 2009
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15. I think its time to free the prisoners I have a son in there and
if I can get him home I will take care of him tell he can get a job .I
no there is a lot of familysss that would do this for there family member
in prison if they could come home IM one of them .. so judges please do
the right thing
Submitted by: dlang
10:47 AM PST, January 5, 2009
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16. We are at an unprecedented level of crime. Crime rates have not
been this low since crime statistics have been kept. Have any of you bleeding
hearts put together that incarcerating criminals lowers crime. All of your
other feel good policies failed. They were tried in the 50's, 60's, 70's
and 80's. It wasn't until 1992, when the city of LA alone had over 1000
murders (which is more all the US soldiers killed in Iraq in 2007), that
California had had enough. The Three Stikes law was passed and crime began
it's downward trend. It's pretty simple, if you want safe streets, build
more prisons.
Submitted by: Cause & Effect
10:18 AM PST, January 5, 2009
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17. There is no place for families to go, even in life and death emergencies
for intervention, even though lives could be saved if the bureaucrats would
stop their long pattern of criminal, deliberate indifference. Many of the
deaths are preventable, but is almost imossible to get any help and from
any source. The media is banned from being able to interview specific inmates,
which someone in power ought to rule against right now due to the humanitarian
crisis taking place in the prisons which most people cannot see.
Submitted by: Dr. B. Cayenne Bird
9:43 AM PST, January 5, 2009
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18. Closing arguments will be presented before the three judge panel
on Feb 4, 2009, might run over until Feb 5 in Judge Thelton Henderson's
Courtroom on the 19th floor. The families whose loved ones have died or
are dying now in the prison reform group UNION will meet by the flagpole
at 9 am sharp and we invite everyone to join them to stand u against abuse
of the mentally ill and state murder by medical neglect on behalf of the
inmates and their families. The judges will not release their order until
after closing arguments.
Submitted by: Dr. B. Cayenne Bird
9:42 AM PST, January 5, 2009
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19. Unfortunately, many people fail to recognize that being "tough
on crime" quite often translates into being "dumb on crime." And, inevitably
we continue to pay a hefty price. With some form of alternative (realistic)
sentencing, we can "rent" (cost to convicted felon) the monitoring devices
to the non-violent offenders. Would that work? Is it worth trying? Is it
worth contemplating?
Submitted by: William C. Bradshaw
9:17 AM PST, January 5, 2009
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20. Ignoring the experts has been our prison systems downfall for many
years now. Even when our governor commissioned his own blue ribbon panel,
he ignored the 237 suggestions made by the commission. It has long been
know that the obstruction of reform has come from special interest groups
such as the California prison guards union. They paid for TV ads to sell
us Three Strikes and poured even more money to defeat any rational sentencing
reform and to pass even tougher laws to incarcerate non- violent offenders.
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Submitted by: Frank Courser
8:31 AM PST, January 5, 2009
21. Agreed, half our problem is that we are violating civil liberties
and common sense by making drugs illegal. It didn't work with alcohol,
and it doesn't work with drugs. Legalize, regulate and tax. For those who
have problems with addiction get them treatment.
Submitted by: Aviking
8:15 AM PST, January 5, 2009
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22. Under our Constitution only an elected legislative body has the
authority to authorize the spending of public money. No other branch of
government has this authority. No matter what the condition of California's
prisons, no judge, State or Federal, is competent to authorize the spending
of public money. Doing so is a grave abuse of the separation of powers.
The state is under no obligation to comply with any such order, to do so
is unconstitutional. The only remedial action the Constitution allows these
judges is to free prisoners.
Submitted by: Phil
6:57 AM PST, January 5, 2009
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