More than three dozen state prison inmates with severe mental illness are still held an average of 23 hours a day in dark, cramped cells despite an agreement with a disability rights group to reduce such isolation, says a new report released Tuesday.

In January 2016, the state corrections director pledged in a written agreement with Disability Rights Oregon to ensure inmates in the Behavioral Health Unit at the Oregon State Penitentiary in Salem spend more time out of their cells.

The agreement, to be carried out over four years, also calls for qualified mental health professions to be on site daily and better tracking of when officers use force against inmate or discipline them.

The agreement followed a stinging report by the advocacy group in May 2016 that found adults with the most severe mental illnesses routinely were isolated in cells for 23 hours a day without access to mental health care.

The 2016 report showed that few of these inmates regularly showered or had a chance for recreation, even though both were required under state policies. Some were routinely punished for harming themselves and subjected to restraints or stun guns.

In a new two-year status report, Disability Rights staff said some of their most serious concerns have resurfaced despite state efforts to improve the unit's operation and leadership.

On the plus side, the state secured $8 million to build a new treatment building expected to open by June 2018. It will provide additional treatment space for the unit and allow an increase in mental health staff and security staff by May, said state Corrections Director Colette S. Peters. The state hired an expert in treating mental illness, Joel Dvorskin, to help it meet the goals in the agreement.

Document: Response by Oregon Department of Corrections director

Dvorskin also created an incentive program for good behavior in the unit, called the "BHU Bucks Program.'' Security staff are to issue bankable rewards to inmates for positive behavior.

State officials said they also have expanded outdoor recreation opportunities for these inmates. They reported a reduction in force against the inmates, fewer inmates harming themselves and greater capacity for socialization and meaningful activity for inmates.

Disability Rights Oregon acknowledged that "the unit, although still dark and foreboding, is not the loud, foul smelling place that it was in 2015. Residents have at least some opportunity to see the sky and breathe outside air."

But the group's investigators found the state has made little progress in reaching the goal of getting the inmates out of their cells for at least 20 hours a week – 10 hours for structured activity, such as classes and treatment, and 10 hours for unstructured activity, such as recreation and meals.

The group examined state data, and found a significant increase in isolation time for unit inmates in late 2017, with the time out of cell for BHU residents less than five hours per week, attorney Joel Greenberg wrote in the report.

"What we're seeing is that (the Correction Department's) initial modest progress came to a standstill at the end of the second year. Unless there is a dramatic shift, DOC is unlikely to meet the goals it agreed to within the time frame."

Prison Superintendent Brandon Kelly recently reminded correction officers that recreation time and other out-of-cell time is more of a need than a "privilege" and to consider that before imposing discipline that requires more cell time, according to the advocacy group's report. The state also may increase staff, using freed-up space in the unit instead of waiting for the new building.

State corrections officials questioned some of the agency findings, contending that unstructured time had increased to 6.1 hours per week by March 2018, compared to 1.5 hours in early 2016, with expanded outdoor recreational opportunities.

"We believe all our efforts are the foundation to meet the ... commitments by the end of 2019,'' Peters wrote in a response to Disability Rights Oregon. "We have been, and continue to be, committed to provide the highest level of care for the adults in custody in the BHU.''

Disability Rights Oregon's Greenberg said he's skeptical. "It's not sustained, and we don't trust it a reliable trend,'' he said.

In 2016, the unit's approximately 40 inmates made up only about 2 percent of the prison's population but received more than 11 percent of the disciplinary sanctions, the group reported.

From January to mid-April in 2017, unit inmates were kept in their cells for discipline 31 times for behavior that included verbal disrespect, throwing toilet water and sheets, exposing themselves to an officer or refusing to get off the phone. Of those so-called cell-ins, 17 were for the maximum 72 hours.

Disability Rights Oregon officials said many of those behaviors could be handled through treatment and better training of security staff.

"It is hard to reconcile a goal of increased time out of cells with continued use of cell-ins as a primary response to expected behaviors,'' the new report said.

Disability Rights Oregon urged the state to move swiftly to end solitary confinement and isolation, transfer the most acutely impaired residents to a more therapeutic environment, quickly improve access to high-quality psychiatric care and make sure corrections officers value the role of clinicians for inmates.

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian