LR424 Department of Correctional Services Special Investigative Committee Hearing November 25, 2014
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Transcript Prepared By the Clerk of the Legislature Transcriber's Office Rough Draft LR424 Department of Correctional Services Special Investigative Committee November 25, 2014 [LR424] The Department of Correctional Services Special Investigative Committee of the Legislature met at 9:00 a.m. on Wednesday, November 25, 2014, in Room 1525 of the State Capitol, Lincoln, Nebraska, for the purpose of conducting a public hearing on LR424. Senators present: Steve Lathrop, Chairman; Les Seiler, Vice Chairman; Kate Bolz; Ernie Chambers; Bob Krist; Heath Mello; and Paul Schumacher. Senators absent: None. SENATOR LATHROP: Okay. Dan, I'm looking over here for you and you're...I still haven't gotten used to the fact that you moved to the other side. Are we live? [LR424] DAN JENKINS: We are live. [LR424] SENATOR LATHROP: Okay. Terrific. Good morning, everyone. It is a little bit after 9:00. We are here today, this is the LR424 Committee, maybe our sixth hearing I think and what I expect to be our last hearing. And today our focus is on mental health and solitary confinement or, as they call it, administrative segregation or other euphemisms for solitary confinement. We have a lineup of I think six or seven witnesses. Our first witness is going to be Dr. Spaulding who I think everyone will find very, very informative. Before we start our hearing though I'd like to have everyone introduce themselves, and we'll start with Senator Bolz. [LR424] SENATOR BOLZ: Senator Kate Bolz, District 29 in south-central Lincoln. [LR424] SENATOR MELLO: Heath Mello, District 5, south Omaha. [LR424] SENATOR SCHUMACHER: Paul Schumacher, Platte County and parts of Stanton and Colfax County. [LR424] 1 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Rough Draft LR424 Department of Correctional Services Special Investigative Committee November 25, 2014 SENATOR SEILER: Les Seiler, District 33, Adams County--all of Adams and all of Hall except for Grand Island. [LR424] SENATOR LATHROP: I'm Steve Lathrop from the Ralston-Millard area. [LR424] MOLLY BURTON: Molly Burton, legal counsel. [LR424] SENATOR CHAMBERS: Ernie Chambers, Omaha. [LR424] SENATOR KRIST: Bob Krist, Omaha and Bennington. [LR424] DAN JENKINS: I'm Dan Jenkins. I'm the committee clerk. [LR424] SENATOR LATHROP: Very good, and with that, I think we'll begin with our first witness. And, Dr. Spaulding, if you would step forward. In the tradition that we've observed in this committee, we'll have you raise your right hand, swear you in. Do you swear the testimony you're about to give this committee will be the truth, the whole truth, and nothing but the truth? [LR424] WILLIAM SPAULDING: Yes, I do. [LR424] SENATOR LATHROP: Please, thank you, and have a seat. Good morning. First of all, good morning and thank you for being here, Dr. Spaulding. Would you start by giving us your name and spelling your last name for us? [LR424] WILLIAM SPAULDING: William Spaulding, S-p-a-u-l-d-i-n-g. [LR424] SENATOR LATHROP: All right. And, Dr. Spaulding, can you give us your professional address? [LR424] 2 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Rough Draft LR424 Department of Correctional Services Special Investigative Committee November 25, 2014 WILLIAM SPAULDING: Department of Psychology, University of Nebraska at Lincoln. [LR424] SENATOR LATHROP: Okay. And I want to make sure you speak up loud enough so that I can hear and that we get a good transcript of the proceedings, if you would. Would you go through your education for us? [LR424] WILLIAM SPAULDING: I received my Ph.D. in clinical psychology from the University of Arizona in 1976. I was a postdoctoral fellow in mental health research and teaching at the University of Rochester, Department of Psychiatry between 1976 and '79. I accepted a faculty appointment at UNL in 1979. I received tenure there in 1987 and was promoted to full professor in 1993, and I've been there ever since. [LR424] SENATOR LATHROP: I assume that's a teaching position. [LR424] WILLIAM SPAULDING: It's a teaching and training position. I'm on the clinical faculty and my primary responsibility is to train doctoral-level graduate students in clinical psychology. And I also do research primarily on schizophrenia, its treatment, and rehabilitation. [LR424] SENATOR LATHROP: Okay. During the period of time that you've just given us, you said you started at UNL in 1979, have you also maintained a practice in psychology? [LR424] WILLIAM SPAULDING: I practiced through my faculty position because it's primarily a training faculty position. Much of what I do is clinical practice, but it's in the context of teaching doctoral graduate students. [LR424] SENATOR LATHROP: Are you a member or have you chaired a board, the purpose of which is Nebraska psychologists? [LR424] 3 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Rough Draft LR424 Department of Correctional Services Special Investigative Committee November 25, 2014 WILLIAM SPAULDING: Yes. I'm the immediate past president of the Nebraska Psychological Association and presently that also entails being the chair of the legislative committee whose main responsibility is liaison to the Unicameral. [LR424] SENATOR LATHROP: Okay. Doctor, I'm hoping today to get sort of a perspective on mental health in Nebraska and ultimately to bring that discussion to the prisons or the corrections, Nebraska Department of Corrections. So if we could, perhaps we can have you start...you're familiar with the history of mental healthcare in Nebraska? [LR424] WILLIAM SPAULDING: Yes. [LR424] SENATOR LATHROP: Okay. Can we have you outline for us how mental healthcare was provided in Nebraska, the role of the state of Nebraska in, say, the pre-2004 period of time? [LR424] WILLIAM SPAULDING: Well, the contemporary era most people would date to the mid-1970s when the national deinstitutionalization movement was implemented in Nebraska. And virtually overnight what was then called the "Lincoln State Hospital" and some other hospitals in Nebraska saw a drastic reduction in their inpatient populations as those patients were transferred to community treatment facilities. Unlike much of the rest of the country, southeastern Nebraska was fairly well prepared for that transition. And at that time a group of rather visionary practitioners and administrators configured the Lancaster County Mental Health Center as the main recipient for this population to come out of the regional centers. The Lincoln area was also fortunate to have a private corporate entity, well known, associated with Mary Hepburn-O'Shea to provide housing and other kinds of living assistance to this population as they came out of the regional centers. When I came in 1979, it was in large part because I perceived in the regions surrounding the university a unique opportunity to study the treatment and rehabilitation of schizophrenia because of the relatively advanced state of that system. As it 4 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Rough Draft LR424 Department of Correctional Services Special Investigative Committee November 25, 2014 happened shortly after I arrived, then the Department of Public Institutions, which was the state-level entity that governed the state hospitals, issued a mandate to reach out to those patients who had not benefited from the first wave of deinstitutionalization and institute modern treatment practices within the state hospitals that would help those individuals whose disabilities were too grave to benefit from the first wave to finally escape the institutions. I was approached because at that time it was known that I had specialized in that kind of research to collaborate with a group at Lincoln Regional Center to develop a modern forward-looking treatment and rehabilitation unit, which I did. The unit started in 1982, and by 1988 we had, in fact, evolved to a point where we were pretty much up to state of the art and had actually become eligible for fairly large federal research grants which are only granted to research settings that can demonstrate that they already are pretty much at the state of the art and, therefore, in position to do pioneering research on new treatment modalities. So starting in about 1990, my research group at the university was closely collaborating with the leadership of Lincoln Regional Center. We created a rehabilitation unit. We moved into a 40-bed unit that had previously been the back ward, so-called, of the state hospital. Back ward not only because the patients were the most disabled but also because it was the destination of the most problematic state hospital employees as well. And as has been done in other venues, we were able to create a very successful rehabilitation program discharging some of the most disabled and chronically institutionalized patients in the system. As the technology developed, and it did develop rapidly in the 1990s, at the national level we developed amazing new technologies that achieved outcomes that had not been foreseen. And those developments paralleled a new realization that people with severe mental illness actually are potential of far greater levels of recovery than had ever been imagined. And so as the new technologies and the new expectations came, we were able to keep up with that. We added the new treatment approaches as they became available. We continued to do front edge research proving the efficacy of these new treatments. And by the end of the nineties, we had extended those operations to a very close relationship with the county mental health center itself so that by 2004 I would say that the collaboration between Lancaster County and the 5 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Rough Draft LR424 Department of Correctional Services Special Investigative Committee November 25, 2014 surrounding areas and Lincoln Regional Center was second to none in the world.