The Bazelon Center for Mental Health Law


 

 

Introduction

Table 1

  • Nationally, nearly 2 million new jail admissions each year are of adults with mental illnesses—35,000 a week. (1)
  • More than 16% of jail inmates have a mental illness, according to the U.S. Department of Justice.(2)
  • Seventy percent of adult jail inmates with mental illnesses are there for nonviolent offenses.(3)
  • Offenders with mental illnesses are at higher risk of returning to prison if psychiatric and social needs are not met.(4)
  • Youth in the juvenile justice system have higher rates of mental health disorders than youth in the general population.(5)
  • Eighty percent or more of the juvenile justice population have mental health disorders.(6)
  • One in five youth in the juvenile justice system has a serious mental health problem. (7)

This paper discusses access to federal benefit programs for adults with serious mental illnesses and juveniles with serious mental or emotional disorders leaving jail, prison, juvenile detention or other correctional institutions (hereafter the term 'serious mental disorders' is used for both groups). It is based in part on material presented at a symposium during the 2002 Conference on Expanding Access to Community-Based Services for People with Co-Occurring Disorders in Contact with the Criminal Justice System, sponsored by the National GAINS Center. Presenters there, listed on page 17, had expertise in federal benefit-program rules and experience in the correctional system (including as a jail administrator) and with the needs of people who are homeless. The report also includes information collected by the Bazelon Center on state and local initiatives to deal with this issue.

Problem

Growing numbers of people with serious mental disorders are in jails or prison. Many cycle through corrections facilities repeatedly, costing both criminal justice systems and communities significant resources and resulting in great pain to themselves and their families. Access to mental health and substance abuse services, food stamps and the income support that can pay for housing and other necessities is generally available to these individuals through federal entitlement programs. Yet many jail and prison inmates with serious mental disorders either have lost or never had these essential federal entitlements.

Individuals released from correctional facilities without benefits face many of the same problems that led to their original arrest. Without income support, either through federal or state programs or from employment, adults will not be able to access housing and will have no resources to meet critical needs. Many will then become homeless.

Once homeless, individuals with serious mental disorders are particularly at risk of being victimized or arrested. Often they are not accepted at shelters, or are asked to leave following an incident. Without access to mental health services--in part the result of not having Medicaid coverage--the psychiatric symptoms of individuals with serious mental disorders may worsen and they may fail to respond appropriately when approached by a law enforcement officer. Their homelessness increases the likelihood of such approaches. If they are trying to survive on the street they encounter communities that are increasingly enacting and rigorously enforcing laws that define quality-of-life crimes. Moreover, many communities are adopting policies that lead people into violating local ordinances. For example, redesigning bus or subway seats so that it is not possible to lie down forces homeless people to sleep out in the open, where they may be arrested. Often the result is their arrest for an incident where others may just be encouraged to move on.

It is important to break this cycle of no-supports/arrest/incarceration/ release-without-supports/arrest. When policies are adopted to accomplish this, everyone benefits--the homeless individuals, their families, the community and all taxpayers. A recent initiative in California to address the needs of homeless people with mental illnesses reduced total days of incarceration for those served from more than 60,000 days in the previous year to 11,609 since enrollment. A one-year investment of $14.2 million produced an estimated savings of $7.3 million, of which $3.07 million was the result of reduced criminal justice system costs.(1) This California program provides comprehensive services to help people move off the street and into housing, treatment and recovery, and incorporates initiatives to access appropriate federal benefits. The value of this approach is evident, both in the reduced economic and social costs of arrest and prosecution and in the positive outcomes for the individuals, their families and the community.

Next: Impact On Recidivism And Quality Of Life

a
  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