“Who’s Pretending to Care For Him?” How the Endless Jail-to-Hospital-to-Street-Repeat Cycle Deprives Persons with Mental Disabilities the Right to Continuity of Care, Part II

• In Event: Legal Services for the Indigent: Representation of Persons with Mental Disabilities

Abstract

Approximately fifteen to a quarter percent of persons in jail and prison suffer from a mental illness. There are now more people with mental illness in jails and prisons than in psychiatric hospitals. Many of these individuals cycle between prisons, hospitals, and the community, with little, if any, aftercare. Continuity of care is crucial in order to reduce the rate of incarceration and institutionalization for persons with mental illness and attorneys have a responsibility to make ensure that their clients are afforded the utmost care. The right to treatment and non-discrimination is guaranteed under the domestic and international law. Yet persons with mental illness also have the right to refuse treatment and to privacy of their medical information. Continuity of care can be improved through programs that support diversion away from incarceration to treatment at an early process in a criminal proceeding, expanded access to mental health treatment and better re-entry services, and training for all persons interacting with someone with mental illness. In my talk, I will address the legal issues affecting continuity of care and ways to potentially break the cycle of persons with mental illness who shuttle back and forth between incarceration and hospitalization.

Author

• Naomi M. Weinstein, Mental Hygiene Legal Service