The Bazelon Center for Mental Health Law


 

 

Strategies

Advocacy is necessary to achieve the changes to state law, state and local regulation, policies and procedures to accomplish the goals of programs such as those described in this report. Strategies suggested at the GAINS conference symposium included the following:

  • Present such changes appropriately. Public and policy-makers have negative views about prisoners. However, initiatives to secure benefits for inmates as soon as they are released have a significant impact on crime prevention and reduction of recidivism. While mental health advocates will welcome such changes because of their impact on the individuals' lives, many policymakers may respond more to issues of public safety.
  • Enlist corrections officials as allies for reform efforts. Once they understand how this will help them manage people with serious mental disorders in their facilities, corrections officials can become important partners. Reducing recidivism among this group--currently high--can diminish the need for suicide watches and avoid incidents (including successful suicide) that are very traumatic for corrections officers.
  • Identify (or become) a champion for such changes in the community.
  • Use data effectively. Data can be extremely compelling. Statistics that are relatively easily compiled include the number of adults and juveniles with serious mental disorders in state or local corrections facilities (if specific numbers are unavailable, it is reasonable to apply national percentages to jail or prison populations), the cost of jail days and the added cost of handling individuals with mental illnesses (suicide watch, mental health unit, staff time to deal with problems that arise when within the general population, etc.).
  • Support efforts by legislators who take an interest in this issue and begin to raise it. Support is most helpful when it comes from those within the criminal justice system, but advocates for people with mental illnesses can also make clear the need for such changes.
  • Create 3" x 5" cards with key messages to give to legislators and supporters of change. With such cards, every advocate will be able to present a succinct and consistent message.

For state legislators or state policymakers interested in putting in place state rules that comport with federal law and lead to improved access to benefits and supports upon release, the Bazelon Center has developed A Model Act to Reduce Recidivism by Improving Access to Benefits for Individuals with Psychiatric Disabilities Released from Incarceration.(16) The goal of this model law is both to facilitate the community reintegration of adults and juveniles with psychiatric disabilities upon release from correctional facilities and to enhance public safety and provide cost-effective care. It addresses the policy issues that today prevent such individuals from receiving benefits speedily upon release from incarceration by directing the relevant state and local agencies to adopt specific policies and procedures so that individuals with psychiatric disabilities can:

  • remain enrolled, to the degree federal law permits, in federal health insurance and income support programs while incarcerated;
  • be speedily reinstated or enrolled, if eligible, upon release;
  • obtain temporary health care coverage and income support upon release while receipt of federal benefits is pending;
  • receive mental health and substance abuse services shortly before and upon release, including case management and medication.

The model law, if enacted, would accomplish this by establishing policies and procedures that fully comply with the complex federal rules for state Medicaid and social services agencies, state and local correctional agencies and facilities, mental health authorities and mental health providers.

Next: Conclusion

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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 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