The Bazelon Center for Mental Health Law


 

 

Impact On Recidivism And Quality Of Life

A study conducted as part of the Vermont Mental Health Performance Indicator Project found a strong correlation between incarceration rates and utilization of public mental health services. Using data from 14 states, this study found that the states with the highest utilization rate had the lowest incarceration rate, and that lower mental health utilization rates in a state accompanied increased rates of incarceration.(2)

Access to benefits can help adults and juveniles with serious mental disorders overcome many of the barriers they face as a result of having been arrested and incarcerated. In addition to the obvious problems of insufficient income to pay rent and buy food, clothing and other necessities, and no coverage for health and mental health care, including medication, these individuals face a range of other barriers. Incarceration can result in:

  • denial of employment opportunities;
  • ineligibility for subsidized housing;
  • inability to finance further education;
  • lack of access to public mental health services; and
  • loss of custody of children.

Employment

Most states have legal prohibitions against employing people with a criminal history in certain jobs. Yet even when there are no legal barriers, employers can easily obtain an applicant's criminal history and often refuse to hire people who have been convicted or--in jurisdictions that make arrest records public--have been arrested but not found guilty of any crime.

The problem may be compounded for people with serious mental disorders because of the stigma attached to mental illness. It can therefore be extremely difficult, even impossible, for someone with a serious mental disorder to secure a job after release from jail or prison.

Housing

Access to subsidized housing has increasingly become a challenge in the past two decades, as federal support for public housing, housing assistance and homeless programs has declined dramatically. Any criminal record may make landlords unwilling to rent a room or apartment to an individual or may lead to eviction from a current residence. Federal policy requires public housing authorities to deny access to anyone with a conviction for a crime, including a misdemeanor, that could affect the health, safety and welfare of other tenants. Some housing authorities have interpreted this to include conviction for disorderly conduct, harassment and misdemeanor drug possession. Moreover, an entire family may be denied housing or evicted based on a finding that one member of the household has been arrested or incarcerated.

Private landlords renting to individuals with federal Section 8 housing certificates also evict or refuse to admit tenants on the basis of criminal activity, including misdemeanor drug and other crimes.

If they are to overcome these substantial barriers, people with serious mental disorders need income supports. Often they also need access to a mental health case manager who can assist them in finding suitable housing.

Education

Both adults and juveniles with serious mental disorders will need to participate in education programs. Serious mental disorders frequently become disabling during the late teens or early twenties, leading to a break in education. Continuing education toward either a GED or a college degree is one of the most effective ways to offer a young adult an opportunity to succeed, and can directly contribute to recovery and rehabilitation. Youth who have had contact with the juvenile justice system need to continue their education as an important part of their rehabilitation.

Paying for continuation of schooling represents a formidable barrier. Federal law bars those with a prior conviction for possession or sale of controlled substances from obtaining either Pell grants or subsidized student loans. Many students are thus cut off from federal educational assistance, and few who have been incarcerated can afford the cost of higher education on their own.

Public Mental Health Services

Increasingly, access to public mental health services depends on having Medicaid coverage. Medicaid now pays for half of all public community mental health services; its share of the cost has increased rapidly and the trend is predicted to continue.(3) As a result, it is increasingly hard for anyone without Medicaid coverage to gain access to the local public mental health system.

A recent survey of homeless people in San Francisco illustrates the problems. While 63% of respondents had tried to access mental health treatment, 31% of them never received any, and of those who were accepted, 24% received services for less than one month and another 25% for only two to six months. More than half (51%) reported negative experiences with the mental health system.(4)

When contact with the criminal justice system is a factor, mental health programs typically avoid accepting the individual into care. With long waiting lists, most community programs select people they believe can benefit quickly from services and those who will not pose particularly challenging problems for the program or engage in behaviors that disturb other clients. Lack of Medicaid coverage is an easy justification for denying access to such services.

Child Custody Issues

Incarceration also breaks the bonds between parents and their children. Often, child welfare agencies remove children from the custody of an incarcerated parent, particularly if the parent has a serious mental disorder. This is one more stressor for parents upon release. However, the ability to be quickly reinstated on benefits, such as TANF and Medicaid, may enable them to regain custody of their children.

Next: Federal 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@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