The Bazelon Center for Mental Health Law


 

 

Conclusion

According to a landmark consensus report from the Council of State Governments (CSG), it is important to "streamline administrative procedures to ensure that federal and state benefits are reinstated immediately after a person with mental illness is released from jail."(17) The CSG consensus report recommends that states suspend Medicaid benefits, as opposed to terminating them, commence discharge planning at the time of booking and continue the process throughout the period of detention, and develop a process to ensure that inmates who are eligible for public benefits receive them immediately upon their release.

In addition to being a humane and a cost-effective approach, helping individuals with serious mental disorders to access their benefits upon release can be part of a more comprehensive state approach to support community integration. Under the Supreme Court's ruling in L.C. v. Olmstead, states must avail themselves of all resources that can be used to support an individual with a disability living in the community. Failure to assist people being released from jail or prison in quickly accessing federal Medicaid, disability and other benefits to which they are legally entitled undermines a state's ability to achieve the community integration mandate of the Supreme Court's ruling in Olmstead.

Adjusting state and local policies and procedures to ensure immediate access for released inmates with serious mental disorders to the benefits and services to which they are entitled will greatly improve the prospects of many adults and juveniles with serious mental disorders for a successful, productive, crime-free and independent life in the community. By definition, this will result in safer communities and reduced public expense for the incarceration of people with serious mental disorders.

Next: Attachment 1

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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@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: webmaster@bazelon.org