ForImmediate Release: Oct. 21, 2003
Contact: Christopher Burley, Bazelon Center, 202-467-5730
x 133 or leec@bazelon.org;
Heather Barr, Urban
Justice Center, (917) 916-5671; Susan Hendricks, Legal Aid Society of New
York, (212) 577-3362
Advocates: Lack of Services Means More Jail Time for NY Parolees with Serious
Mental Illnesses
Lawsuit filed in federal court
New York, NY— Each year, hundreds of New York parolees with serious
mental illnesses are unfairly denied community-based mental health and substance
abuse
services, according to lawyers who filed a lawsuit late yesterday in
federal court.
“Nobody should have to spend extra time behind bars when everyone agrees
that they need treatment,” said Tammy Seltzer, an attorney with the Washington-based
Bazelon Center for Mental Health Law, who is representing parolees in the case. “If
you’re a parolee in New York City with substance abuse issues who is
being detained for a parole violation, treatment programs are readily available,
usually within weeks. If you have a serious mental illness and want to enter
a program with mental health and substance abuse services, you’re going
to have to wait a whole lot longer or do without those services altogether.”
The
lawsuit was filed on behalf of parolees with serious mental illnesses and
substance abuse problems who are languishing in jail, waiting for state-funded
treatment services to become available. The parolees are being held in New
York City jails for alleged technical violations of their parole, such as
a failure to show up for an appointment with their parole officer or committing
misdemeanors while on parole. State officials have told them that they can
be released for treatment, but not enough treatment facilities exist to help
them.
The lawsuit seeks to rectify this, by improving access to MICA (mentally
ill, chemically addicted) services. Unlike residential treatment programs
for parole
detainees with only substance abuse problems, MICA programs are in very short
supply.
Frustrated by the long wait in New York City jails, and the dim prospect
of actually receiving treatment, many of these mentally ill parolees with
substance abuse problems ultimately are forced into agreeing to months of additional
jail or prison time. They are then released into the community, often without
ever receiving the services that they need and want.
“The individuals in this lawsuit need treatment to break the vicious
cycle between jail and the streets, and are often people who have asked for
help again and again and been turned away,” said Heather Barr, an attorney
with the Urban Justice Center, who also represents the plaintiffs. “They
are put back in jail precisely because they are not getting treatment, treatment
that New York State officials acknowledge that they need. Ultimately, all New
Yorkers suffer, because the State is denying treatment to members of our community
who are begging for help in leading productive lives, and instead spending
our tax dollars jailing these people for their illnesses.”
The plaintiff’s complaint alleges civil right violations under the Americans
with Disabilities Act and Section 504 of the Rehabilitation Act—specifically,
that:
- Parole violators with serious mental illnesses, in jail for technical
violations or committing petty crimes, are unfairly incarcerated while
waiting for openings in the very few programs that the state makes available
to help
them. The complaint alleges that this approach is discriminatory and unfairly
punitive, denies people care, and that incarceration can exacerbate mental
illness, making recovery and a successful transition back to the community
even more difficult for parolees with serious mental illnesses.
- Instead of
funding the community placements that plaintiffs need, New York pays
to “rent” beds
for plaintiffs at New York City jails. Lawyers for the plaintiffs say
that the necessary MICA services could easily
be paid for by redirecting funds devoted to incarceration, and by taking
advantage of other resources that are available once plaintiffs are living
in the community.
“The prospect of serving extra jail or prison time is a strong disincentive
for people to seek mental health and substance abuse services,” said
Susan Hendricks, an attorney for the Legal Aid Society of New York, also representing
the plaintiffs. “By failing to provide sufficient MICA services, New
York State is slamming the door in the faces of people who want and need help.”
The
plaintiffs are represented by the Bazelon Center for Mental Health Law,
the Urban Justice Center, the Legal Aid Society of New York and the private
law firm Swidler Berlin Shereff Friedman, LLP.
The case is William G. and Walter W. v. Pataki, et al. The plaintiff’s
complaint is available online at http://www.bazelon.org/nycjails/.
###
The Bazelon Center for mental health Law is the leading national legal
advocate for the rights of people with mental disabilities. For more information, please
visit www.bazelon.org.
The Urban Justice Center is a non-profit organization that provides
legal representation and advocacy to poor and homeless New Yorkers. For more information,
please visit www.urbanjustice.org.
Founded in 1876, The Legal Aid Society is the nation's oldest and
largest provider of legal services for the poor, representing more than 300,000
New
York City residents annually on criminal, juvenile and civil matters. For more
information, visit www.legal-aid.org.
Swidler Berlin Shereff Friedman, LLP is a full-service law firm with
offices in New York City and Washington, D.C. For more information, visit www.swidlaw.com.
|
