NCJ Number
114740
Journal
Corrections Today Volume: 50 Issue: 7 Dated: (December 1988) Pages: 46-50
Date Published
1988
Length
5 pages
Annotation
The primary legal issues in medicating jailed mentally ill persons are how to provide adequate mental health care while avoiding liability under the test of 'deliberate indifference to serious medical needs' and when an inmate's right to refuse treatment may be overcome and the inmate involuntarily medicated.
Abstract
Jail staff must be capable of recognizing mental problems among inmates, and mentally ill inmates must have access to competent mental health staff. This means line staff should have training in recognizing basic symptoms of mental illness and in referring inmates to mental health professionals for complete diagnosis and treatment. The second legal issue involves determining when mentally ill inmates can be involuntarily medicated, given inmates' legal right to refuse treatment. The only justification clearly accepted by the courts for involuntarily medicating an inmate is for the safety and security of inmates. This most likely will involve the immediate threat of violence that cannot be addressed through less restrictive means. The courts also agree that the decision to involuntarily medicate an inmate must be made through some form of due process. Obtaining a court order, either through a complete civil commitment proceeding or through other means is the safest course of action. 1 reference.