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Why Are the Mentally Ill in Jail?

NCJ Number
167860
Journal
American Jails Volume: 9 Issue: 5 Dated: (November/December 1995) Pages: 9,11-12,14
Author(s)
D L Judiscak
Date Published
1995
Length
4 pages
Annotation
Left with the failures of the deinstitutionalization of mentally ill persons and the provision of community mental health services for these persons, police and jails have assumed responsibility for them; a complete solution to this problem will require changes in inpatient and outpatient treatment systems.
Abstract
The deinstitutionalization of nonviolent mentally ill persons, coupled with the tightening of commitment standards have left police with the responsibility of dealing with the antisocial behavior of mentally ill persons in the community. Research shows that the boundary between the community and the jail system is crossed more often by a subgroup of mentally ill jail detainees for which appropriate, effective community treatment is not available. Legal authorities use arrest as an alternative disposition for patients who are eschewed by existing community mental health or psychiatric inpatient services, resulting in the criminalization of a subpopulation of mentally ill persons. Torrey and others (1993) suggest a number of steps to address the problem. First, States with laws that permit jails to be used for the detention of the mentally ill not charged with a crime should be prohibited from locking them up. Second, inmates should be screened for mental illness and provided diversion from jail for treatment. If diversion is not possible, the State hospitals should be required to transfer funds to the jails. Third, inmates with mental illness released from jails should have court-mandated treatment. Finally, mental health professionals should be required to provide pro bono services to jails as a condition of licensure. A 19-item bibliography