An Act to Reduce Recidivism by Improving Access to Benefits for Individuals
with Psychiatric Disabilities upon Release from Incarceration
Article V: Facilitating Applications for Benefits
A. State Policy
It shall be the policy of [State] for correctional agencies to enter
into Pre-Release Agreements with the Social Security Administration
and to otherwise facilitate
participation by inmates with psychiatric disabilities in federal benefit programs
upon their release from incarceration
B. Negotiating Pre-Release Agreements with Social Security Administration
1. [Correctional agencies] shall use their best efforts to negotiate
Pre-Release Agreements with the Social Security Administration that
will ensure:
a. speedy consideration by the Social Security Administration
of new applications for and applications for reinstatement of SSI or
SSDI on behalf of individuals
with psychiatric disabilities, and that
b. the Social Security Administration
is informed of the expected and actual release dates of individuals with
psychiatric disabilities whose applications
have been approved or are pending.
2. Once negotiated, each agreement shall
be implemented as soon as practicable.
C. Application Assistance
1. Competent staff familiar
with the characteristics of successful SSI, SSDI and Medicaid applications
shall ensure that proper applications
are filed and
updated as needed. These staff will, among other things:
a. with applicants’ assistance,
complete required forms for applicants
with psychiatric disabilities;
b. with applicants’ consent, secure medical
and other information required to support applications; and
c. submit applications
to the appropriate agency office.
These staff may be provided through
contracts with local mental health agencies or providers.
2. With
the applicant’s permission, a copy of each application shall
be provided to a family member designated by the applicant and to
any mental
health case manager who will work with the individual upon release.
Permission to provide
a copy to a parent is not required in the case of minors under the age
of 16.
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