The Bazelon Center for Mental Health Law


 

 

An Act to Reduce Recidivism by Improving Access to Benefits for Individuals with Psychiatric Disabilities upon Release from Incarceration

Commentary on Article XI

States are facing difficult fiscal issues, and this model law can help relieve some of the pressures on corrections, law enforcement and public health budgets at these critical times. Implementation of the its provisions should be a priority and should occur as soon as possible.

  • New York City agreed to implement, 60 days after court approval, a settlement agreement mandating the provision of a comprehensive range of discharge planning services, including benefit reinstatement, for individuals with mental illnesses who are inmates in city jails.1
  • Colorado’s 2002 benefit-reinstatement law, mandating that correctional facilities implement steps to facilitate benefit reinstatement for individuals leaving jails and prisons, became effective six months after passage.2

Notes

1. Brad H. v. City of New York, No. 117882/99 (N.Y. Sup. Ct. April 2, 2003) (consent decree).

2. C.R.S.A. § 17-1-113.5 (inmates held in correctional facilities) and C.R.S.A. § 17-27-105.7 (offenders held in community corrections programs).

 

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  Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster at bazelon.org

 
Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmasteratbazelon.org