An Act to Reduce Recidivism by Improving Access to Benefits for Individuals
with Psychiatric Disabilities upon Release from Incarceration
Article VIII: Access to Services
A. State Policy
It is [State’s] policy that inmates have access
to mental health services while incarcerated and upon release, as provided
below.
1. For individuals in prison who have psychiatric disabilities,
the [state corrections agency] shall be responsible for the provision
of mental
health services.
2. For individuals in juvenile corrections facilities
who have psychiatric disabilities, the [state juvenile corrections
agency] shall be responsible
for the provision
of mental health services.
3. For individuals in jail or juvenile detention
facilities who have psychiatric disabilities, the [state mental health
agency] shall be responsible for the
provision of mental health services.
4. The [state mental health agency]
shall be responsible for the provision of the case management services
described in (C.) below.
These agencies may arrange for services to
be provided through contracts with community mental health agencies
or community mental health providers.
B. Mental Health Services
1. While incarcerated, individuals with psychiatric disabilities shall
have access to medically necessary mental health services, including
substance abuse and
crisis services.
2. At the time of their release, individuals with
psychiatric disabilities shall be provided a fourteen (14) day supply
of the psychiatric medications
they were
taking prior to release.
3. Individuals with psychiatric disabilities
shall be given access upon release to Medicaid-covered services as
provided in Articles
III, IV and VI.
C. Case Management Services
1. To aid their transition to community living, the [state mental
health agency] shall provide to incarcerated individuals with
psychiatric disabilities case
management services well in advance of their release, to the
extent practicable, and if possible, at least ninety (90) days
before
release.
2. The case manager shall work with the individual
to identify services and supports that the individual desires and needs
upon return to
community living.
As desired
by the individual, the case manager will:
a. help arrange
for needed shelter, mental health services including substance abuse
services and other supports to
be provided to
the individual upon
release; and
b. help the individual access federal benefit
programs upon release, including, as needed, by updating benefit
applications.
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