An Act to Reduce Recidivism by Improving Access to Benefits for Individuals
with Psychiatric Disabilities upon Release from Incarceration
Article I: Findings and Purpose
A. Findings
The Legislature finds and declares that:
1. When released from incarceration,
adults and juveniles with psychiatric disabilities often lack access
to mental health services, stable housing,
employment or other
income and education. Obtaining food and other necessities can be a problem.
Without basic supports, many needlessly become trapped in a cycle of destitution,
deterioration, rearrest and re-incarceration.
2. Upon release, individuals
with psychiatric disabilities need basic services and supports to enable
them to transition successfully to community life.
Existing federal programs, such as Medicaid, Supplemental Security Income
(SSI) and Social
Security Disability Insurance (SSDI), provide health care coverage and
income support to people with psychiatric disabilities. Often, however,
individuals
released from incarceration are not enrolled in these programs or their
enrollment is unreasonably delayed.
3. Legislative action is required to aid individuals with psychiatric
disabilities in maintaining their eligibility for federal benefit programs
during incarceration
and, upon release, to enable them to access federal benefit programs
for which they are eligible and temporary health care coverage and
income when
federal
benefits are not immediately available.
4. Legislative action is also
required to ensure that, upon release, individuals with psychiatric
disabilities are connected to the community-based
mental
health system.
5. Providing access to mental health care and income
support for individuals with psychiatric disabilities upon their release
will
promote successful
community re-entry, enhance public safety and provide relief to
taxpayers from fiscal burdens
imposed by avoidable recidivism.
B. Purpose
The purpose of this Act is to facilitate the community reintegration
of adults and juveniles with psychiatric disabilities upon release
from jail,
prison,
detention centers or other correctional facilities and to enhance
public safety and provide
cost-effective care by enabling such individuals to receive benefits
speedily upon their release from incarceration. It directs [identify
state and local
agencies] to adopt policies and procedures that enable individuals
with psychiatric disabilities,
upon release from incarceration, to:
1. participate in federal
benefit programs for which they qualify;
2. be speedily reinstated or
enrolled in federal health insurance and income support programs for
which they are eligible;
3. obtain temporary health care coverage and
income support while receipt of federal benefits is pending; and
4.
receive mental health services, including case management, medications
and substance abuse services.
This Act also provides funds for costs
associated with its implementation.
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