COMIO - Legislative Initiatives and Documents

PRISON REFORM LEGISLATION FOR PEOPLE WITH SEVERE MENTAL ILLNESS LEGISLATIVE FINDINGS

In 1998, people with severe mental illness accounted for 11% of state prison population. In 2003, it was 16%. In 2006, it is estimated to be 20%.

There is an estimated 80% recidivism rate for prisoners with severe mental illness.

A solution to this problem was developed and partially implemented in 2000 by providing comprehensive mental health services similar to the public mental health systems adults system of care (AB 34) model. That pilot program offered to 1,000 parolees per year significantly reduced the recidivism rates.

There is a shortage of available mental health and substance abuse treatment. A substantial number of inmates would not, in all likelihood, have committed a crime had they been able to receive the mental health and substance abuse treatment they required.

Hundreds of millions of dollars can be saved if the state funds treatment on demand for people with severe mental illness and chemical co-dependency problems for comprehensive services in accordance with the adult system of mental health care which provides treatment for co-occurring mental health and substance abuse problems and comprehensive services for rehabilitation and recovery.

The length of time persons with serious mental illness stay in prisons is often longer than the original sentence. This is in large part due to the lack of receiving quality rehabilitative and recovery oriented mental health care. This also contributes to the high recidivism rate as there is a lack of preparation and continuity of care for medications and services received in prison and the need for continuation of those medications and services once they leave.

NEW PROVISIONS OF LAW

Once a county has exhausted its available new funding under the Mental Health Services Act program and all of its slots under that program are at capacity, all county costs for the treatment of individuals referred by law enforcement as an alternative to incarceration, as well as those who do not have severe mental illnesses and is primarily substance abuse, shall be reimbursed from the Department of Corrections and Rehabilitation.

This entitlement to services shall be based upon a determination by law enforcement officials or a judge, that with this treatment, criminal behavior would not, in all likelihood, continue and the person is willing to participate in a treatment program. If the individual fails to remain in treatment, the charges and arrest that had been deferred pending treatment can be re-filed and incarceration can be instituted at that time.

The Department of Corrections and Rehabilitation shall provide training for all persons who will be responsible for the management and care of persons with serious mental illness to ensure that they are trained in recovery oriented rehabilitative services and that those services are provided in prison.

All correctional officers shall be trained in dealing with people with mental illness.

The Department shall establish pilot programs to determine the benefits of separate wings or facilities necessary for those with the most severe mental illnesses to protect them from other prisoners and to ensure that guards can recognize the difficulty they will have in following rules and orders.

At least six months before discharge of a prisoner with a severe mental illness, the department shall apply for social security and Medi-cal benefits for those considered disabled, as well as beginning vocational training and independent living assistance and other skills necessary to lead to success during the parole period and after.

In the last 90 days before release, there shall be coordination between the medications and supports services provided in prison and the program to continue those services during the parole period.

All parolees with a severe mental illness shall receive comprehensive mental health and supportive services comparable to the case management and services available under section 5806 of the Welfare and Institutions Code.