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The following is a list compiled of questions asked by local and state lawmakers, residents and The Eagle through interviews, public forums and correspondence about the Sykesville Secure Evaluation & Therapeutic Program and Springfield Hospital Center. Answers are provided officials of Department of Mental Health and Hygiene, Department of Legislative Services and interviews conducted by The Eagle. This list will be updated as more information is available.

What's the difference between Springfield Hospital Center and the Sykesville Secure Evaluation & Therapeutic Treatment Program?

Springfield Hospital is operated by the Mental Health Administration. Patients at Springfield have a mental illness, while most are schizophrenic. These illnesses can be treated with medication. About 202 patients, or 58 percent of the 349 patients, are considered forensic, which means they have been charged with a crime.
The Sykesville SETT program is operated by the Developmental Disabilities Administration. Patients at the program are considered developmentally disabled, also called mentally retarded. The patient must be diagnosed before 18 years old to be considered developmentally disabled. These patients have an IQ of below 70 and must show a lack of skills for everyday living, such as dressing, eating, bathing, socializing. Drugs cannot treat mental retardation.
Nine patients will be at the program first with a maximum of 22. All are considered forensic. These patients are found either incompetent to stand trial because they don't understand the legal process or roles in the courtroom and can't defend themselves or they are found not criminally responsible.

How does having a mental illness affect someone in terms of committing a crime?

If someone has a mental disorder and is delusional, they falsely believe someone is after them and attack in self defense.
They might know that attacking someone is wrong, but they cannot help it because of their mental state.

Who decides whether someone is incompetent to stand trial?

Competency can be raised by defendant, counsel, the state, attorneys, the judge. Court orders the evaluation, and the court can either accept or reject the opinion from the evaluation.

Can a patient gain competency?

Yes. Staff help teach patients about what they have done and understand the role of the legal system.
When the patient is found that they are no longer a danger to themselves or others, the court can grant a release on a condition, similar to probation. The process is that the treatment team decides the individual is ready, makes a recommendation to the court for discharge to the community, and then the court has to agree.

Secure Evaluation & Therapeutic Treatment Program (SETT)

How was the SETT created?

The Department of Mental Health and Hygiene wrote regulations that created the SETT program as well as an evaluation unit at Clifton T. Perkins Hospital.
The regulations are under a new chapter of the Code of Maryland, 10.07.13.
The regulations are reviewed by the Maryland General Assembly's Joint Committee on Administrative, Executive and Legislative Review (AELR). The AELR is charged with approving regulations for various state departments and agencies.
Sen. Allan H. Kittleman (R-9) is a member of this committee and voted against the regulations, according to the Department of Legislative Services.

How do regulations work?

State agencies can submit emergency regulations, such as the forensic residential center regulations, to the 19-member committee for approval.
If approved, the regulations can last up to 180 days.
On a parallel track, permanent regulations are also proposed and are often the same as the emergency regulations.
The permanent regulations that establishes the Sykesville program and the transfer of patients from Rosewood to Springfield were reviewed during a 30-day hold period by the committee, which ended Sept. 13.
Committee members have 45 days after publishing to request a hold, in which the committee requested.
The Department of Health could then send a letter to the committee stating that it intends to move forward with the current regulations in 30 days once that 45 day period ends on Oct. 28 unless the committee takes action.
The committee could vote in favor, or to amend or approve or oppose. If the committee opposes, that delays when the regulations will take effect. The governor will have to decide whether the Department of Health should amend, withdraw, rewrite the regulations or he could approve the regulations as written.
In the meantime, the center operates under emergency regulations, which lasts through the end of the year.

What are the Department of Health's priorities for the Springfield Hospital Center, the Sykesville SETT Unit, and the community of Sykesville?

Provide quality care and assure safety and security for the patients/residents. Provide for the safety and security of the employees. Provide for the safety and security of the community.

When will the SETT program start?

The target was originally October, but renovations of the Muncie Building are not projected to be completed until mid-to-late November. Patients will be transferred after renovations are complete.

How long will the SETT program be at Springfield?

The location is temporary, but the Department of Health cannot guarantee when the program will leave Springfield or even if it would leave Sykesville.
The Department has made a capital budget request for a new site. The Office of Capital Planning, Budgeting and Engineering Services has determined that document is not a public document at this time. Developing a new site to serve the forensic population is a priority for the current administration. State lawmakers have said it would be difficult for the plan, which could cost at least $5.5 million to be approved in a tight state budget.

Who made the decision to move Rosewood's forensic patients to Springfield?  

Gov. Martin O'Malley signed an executive order on Jan. 16, 2008, ordering that the Rosewood Hospital Center would close by June 30, 2009, based on a recommendation made by Health Sec. John Colmers.
The fiscal 2009 budget approved by the General Assembly eliminates the direct funding of the Rosewood facility beginning July 1, 2009.  

Why was Sykesville chosen?

The Springfield Hospital Center Muncie Building was chosen because it is a stand-alone building that already has in place many security provisions and only minimal need for further investment.  It is also an appropriate setting in which to provide behavioral therapy and treatment. Springfield was also able to provide the support services needed such as dietary and laundry.

Were other locations considered?

Other alternatives were considered including Spring Grove Hospital Center in Catonsville, the Potomac Center in Hagerstown, the Brandenberg Center in Western Maryland, and the Perkins Center in Jessup.
Catonsville's Spring Grove did not have any appropriate space; using Hagerstown's Potomac Center would have been in violation of its existing license as an Intermediate Care Facility for Persons with Mental Retardation (ICF/MR); and the Brandenberg Center in Cumberland was determined to be too far west.  Jessup's Perkins Center does not have adequate space for an additional 22 residents and they do not have sufficient programming space.  The space that was referenced in recent newspaper articles that was available in 2004 has since been filled with Perkins' patients.


What is this 2004 report I've heard about?

It is a Department of Health and Mental Hygiene's Report to the Joint Chairman on Maryland's Developmental Disabilities Services in regards to the Closure of a Residential Facility for People with Developmental Disabilities. It is dated January 2004.

What is it about?

The General Assembly requested the report asking the Department of Health to identify one state residential center for the developmentally disabled that it could close in fiscal 2005, along with plans and alternatives. The Department identified Rosewood Center as a candidate for closure, but was never ordered to close until Gov. Martin O'Malley ordered it to close in January 2008.

What were the plans then?

Non-forensic patients would be cared for a private provider through community placements. Some forensic patients would be transferred to a new 54-bed building at Clifton T. Perkins Hospital Center and then the remaining would be sent to another building built on the grounds of Perkins at a later date.
 The department anticipated budget problems and thought the construction of the building would not happen until 2008.
One temporary option included transferring 18 or more forensic patients to Perkins' north wing once another new maximum-security wing was completed in 2005. Another option was to sell off the remaining 180 acres of Rosewood but lease back enough space for a new forensic residential center.

Why wasn't Rosewood closed and those plans followed?

A legal assistance provider filed suit on behalf of the residents in a Howard County court stating that transferring the patient to a maximum security hospital at Jessup violated patients' rights. That delayed the plan for years.

When was Sykesville first mentioned as an option?

The decision was made during spring 2008.

What type of crimes have forensic patients in the SETT been charged with?

Individual cases are confidential. However, the cases range from minor assaults to possession of illegal drugs and sexual offenses. It is not known whether any patients who have faced murder charges will be transferred. Currently, six of the nine patients slated for transfer are incompetent to stand trial, which means that they have not been convicted. Three patients are not criminally responsible.

What security measures will be put in place to secure the Sykesville SETT Unit?  

The Sykesville SETT Unit will be guarded 24/7. A risk assessment of each resident is conducted at the time of admission. In some cases, a risk assessment determines if a resident requires one-to-one staffing. Muncie Building's entrance will have two locked doors that are accessible by key card only.
All other doors are being replaced with more secure doors. Windows have a special treatment so that they cannot be broken out.
There will be security cameras to provide better view down the two hallways inside the facility. A security fence with a curved top with fine-mesh will secure the courtyard.
Two guards will be on duty 24/7.

Will the SETT patients have ground privileges or be allowed out on work release?

At the current time work release options would not be available to individuals assigned to the SETT. Ground privileges are not planned at this time for SETT patients.

Do the forensic patients at Rosewood who could be transferred have ground privileges or be on work release?

Yes.

 How will that affect patients transferred to the SETT program?

Del. Susan Krebs has said that she is concerned about the patients wondering why they do not have ground privileges anymore and is working with Health Sec. John Colmers to see how to address the issue.

How will elopements be handled?

The Springfield Hospital Center has an existing elopement policy. The policy exists to identify report, analyze and prevent patient elopements.  Each patient is assessed for risk of elopement. Elopement precautions are taken for those patients determined to be at risk for elopement. The goal of the policy is to safeguard patients who are clinically assessed to be at risk for eloping.  The Springfield Hospital Center Police follow guidelines regarding community notification regarding elopements that may involve an individual potentially dangerous to the community. The SETT will also have an elopement policy and will coordinate with Springfield on elopements and notifications.

What is an elopement and how is that different from an escape?

By definition, elope means to escape.
The Department of Health defines an elopement as either a walk-off or someone who has left the campus for any amount of time then returned. A person could be late to his or her therapy and could be considered to have eloped.

How will visitations (by family members) be supervised?  In the same "secure" environment?  If so, how is the safety of the visitors ensured?

All visitors are subject to the security rules of the SETTP.  This includes inspecting for items (such as cell phones, pens, anything that can be used as a weapon) that are prohibited in the unit.  Appropriate supervision is assigned to each person depending on the guidelines established by the multidisciplinary team for each individual.

How will the facility be maintained?  How often will safety inspections occur and how will violations be reported and to whom?

The facility is licensed by the Office of Health Care Quality, and will receive surveys as necessary as deemed appropriate by OHCQ.  Staff will assess daily the security and living needs of each person on the unit.
This includes routine safety and environmental inspections.  Violations will be immediately noted for corrective action.  SETT's program director is responsible for ensuring corrective action is taken, and that the director of the Developmental Disabilities Administration is informed of incidents and corrective action including an analysis of data as well as quality improvement strategies.

What types of parameters are in place for reporting violent incidents (among the residents)?

Incidents that involve injury are reported up through DHMH and to the court.  In addition, incidents that involve permanent injury or death are reported to the Office of Health Care Quality.

The current emergency regulations specify that the administrator is responsible for keeping the patients safe and secure.  Will the department agree to modify the permanent regulations to include a requirement to take actions to keep the community safe?

As requested, the Department is amending the regulations to include language that states the administrator of the FRC shall ensure a safe and secure setting for the individuals, staff and the public.

What if the forensic patients are found not to be rehabilitated after a certain period of time?  Will they remain in the Springfield program permanently?

Maryland statute provides for periodic reviews of the status of an individual committed as  Incompetent to Stand Trial (IST), and provides a procedure should one be found by the court as not  able to be restored to competency.  See Criminal Procedures Article § §3-106 - 3-108, Ann. Code of  Maryland.
The individual may stay at the SETT as long as the court finds the patient to be incompetent to stand trial, dangerous and restorable, or not criminally responsible and dangerous.
If a patient is found by the court to be not able to be restored, the individual will remain at the Sykesville SETT.

Would the Department of Health support legislation that would prohibit the courts from specifying the placement of forensic patients?

At this time, the department is not proposing any change to the statute.
Right now the statute states that the judiciary system can commit an individual to the Department of Health. The department has taken the position that it is in the best position to make the clinical determination of the most appropriate facility (psychiatric or SETTP) that meets the clinical and security needs of the individual.  The courts have deferred to the department's judgment.


Springfield Hospital Center

What type of crimes have forensic patients at Springfield been charged with?

Individual cases are confidential. However, they range from cases such as public intoxication, theft, tresspassing to more major charges, including major assaults and patients transferred from Clifton T. Perkins Hospital faced more “egregious crimes.”

How many forensic patients are at Springfield?

About 58 percent of the 349 patients, which is 202.

Is it true that Springfield is receiving patients from Clifton T. Perkins Hospital in Jessup?

Yes. Patients at the maximum security hospital who are deemed stabilized can be sent to a lower level of treatment and security and Springfield has been accepting those court-ordered patients since 2004.

What types of crimes do these patients face?

More “egregious crimes” such as assaults and potentially murder.

What is considered stabilized and who determines that?

A patient's medical staff decides whether a patient is stabilized. Stabilization means the patient is regularly taking his or her medication, the medication is effective and the patient participates in therapy.

How much security does Springfield Hospital have?

The hospital has 15 guards as its Springfield Police Department. The officers are unarmed.

Why don't the officers carry guns?

The force is a mixture of security guards and certified police officers. Officers are unarmed because they are trained to handle without guns patients when a patient's behavior acts up. The hospital is classified as a health care facility and not a prison, so it is a part of the Department of Health's philosophy to support that definition by not having guns.

What security measures are put in place for Springfield's campus?

Individuals committed to the hospital for mental health treatment will be given grounds privileges as their clinical presentation improves.  Individuals who are court ordered for evaluation or who are admitted through a detention center are not given grounds privileges.

How are the staff trained to handle aggressive patients?

Staff members are registered in the Prevention, and Management of Aggressive Behavior program at the hospital.

They are taught methods to identify when patients' behavior begins to escalate and methods to help de-escalate the patient and how to physically bring them under control. Sometimes emergency medication is prescribed for the patient.


What about elopements or escapes?

See above under SETT.

How many elopements have there been at Springfield?

Fiscal 2005: 16; all returned.
Fiscal 2006: 12; all returned.
Fiscal 2007: 13; all returned.
Fiscal 2008: 13; 11 returned; 2 had alternative placements.
YTD fiscal 2009: 1; all returned.

Statistics include both forensic and non-forensic patients.

Where were the patients eloping going?

The intended destination of all eloped patients is not known, however, the final destination of all patients is known, even if they did not return to the hospital. Here are the final destinations of the patients since fiscal 2005:

Convenience store:  19
No destination; did not intend to leave: 4
No destination; intended to leave: 16
Visit family/friends: 3
Home: 3
Baltimore: 5
Court: 3
Other hospital: 2

Statistics include both forensic and non-forensic patients.

Was anyone harmed during those elopements?

No.

Sources: Michael Chapman, Developmental Disabilities Administration director; John Colmers, secretary of State Department of Mental Health and Hygiene; Paula Langmead, chief executive officer of Springfield Hospital Center; Susan Steinberg, director of the forensics office; Arlene Stephenson, deputy secretary of public health services; and Eagle interviews.


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