PHOENIX — The judge didn't mince her words: Arizona's prison system needs the staff to provide adequate healthcare.
Earlier this week, Federal Judge Roslyn Silver issued an order saying the Arizona Department of Corrections, Rehabilitation and Reentry is not complying with or has no way to evaluate most of the 184 healthcare changes she laid out and required last year. Some of the provisions include hiring more qualified staff, like doctors.
A lawsuit was first filed by the ACLU and other parties in March 2012, claiming, in part, that Arizona's prison system was not providing adequate medical, mental and dental health care to people incarcerated.
Three state prison directors, four health care companies and 12 years later... the lawsuit drags on.
RELATED: Arizona's prison health care system deemed 'complete failure' for not complying with judge's orders
The sides originally settled, but when ADCRR was repeatedly found in contempt of court, Judge Silver ordered they go to trial in 2021. She later found that care provided in Arizona prisons was unconstitutional and ordered the department to make changes.
In a hearing in federal court on Friday, Judge Silver asked the department to explain why they weren't in compliance.
During the hearing, court monitors assessing the corrections department all said they’ve seen progress, but it hasn't been enough. The monitors detailed areas where there could be more improvement, including more in-person providers vs. telehealth, changes to suicide watch, better documentation, and shortening delays for appointments.
The lack of staffing was the number one issue for failures in care.
"Caseloads, workloads beyond their physical abilities," said Corene Kendrick with the ACLU's National Prison Project. "And sometimes they quit because they’re worried their licenses would be put at risk. Or they feel ethically they’ve been put in these terrible positions."
Kendrick has been on the case for years and detailed in court that care is still lacking. She told the judge that her team was at Perryville, the women's prison in Goodyear, before the hearing on Friday and found that care was still lacking.
RELATED: Arizona's Independent Prison Oversight Commission says it's 'not well positioned' for oversight
Kendrick referenced one incarcerated woman who had been confined to her bed after a diagnosis of multiple sclerosis. This woman testified at trial in 2021 and when Kendrick checked on her this week, about two and a half years later, the woman said she still had not seen a specialist and that she had no improvements in care.
By state law, Arizona's prison health care system has to be privatized, meaning the work is contracted out to a private company.
The ACLU and other plaintiffs are now asking the judge to waive that law to help the corrections department become compliant.
"That would at least eliminate the profit motive that we’ve got going on," Kendrick said.
The attorney for ADCRR blamed the state’s latest contracted prison health provider, NaphCare, for not doing enough to raise wages and bring in enough staff, which he said was part of their contract.
Within the past few months, he said the state started withholding contracts from NaphCare to try and force them to comply with court-ordered staffing levels. So far, he said the state's withheld more than $10.7 million.
State Prison Director Ryan Thornell also spoke about their progress in court and told the judge they’re looking at whether alternatives might be better.
"I am hopeful there will be a resolution in this case," Kendrick said. "I think that Director Thornell and the governor and the attorney general are very focused on complying with the federal court’s orders."
Before the hearing, the judge said she was planning to take steps toward possible penalties against ADCRR. Instead, after hearing from all sides, she said she'd hold off for two more months to give the department more time to try and enforce the contract with NaphCare.
Judge Silver said it's on the department to ensure NaphCare is doing what it needs to do, whether that means monetary sanctions or renegotiating the contract itself.
“Enforce that contract,” Judge Silver said. “The problem with this case is staffing.”
The attorney for ADCRR declined to comment after the hearing.
Attorneys for NaphCare filed a motion to intervene in the case late Thursday. We haven’t heard back from NaphCare after reaching out for a comment on Thursday.
The media team for ADCRR said they would try to grant 12News an interview with Director Thornell next week.
Up to Speed
Catch up on the latest news and stories on the 12News YouTube channel. Subscribe today.