OFFICERS AND BOARD OF DIRECTORS CHAIRPERSON Thomas More Donnelly VICE CHAIRPERSONS Judge Barbara J. Disko Arthur Don Alan I. Rubens SECRETARY Aviva Futorian TREASURER Edwin A. Burnette PRESIDENT James R. Coldren, Jr. DIRECTOR, PRISONS AND JAILS PROGRAM Charles A. Fasano BOARD OF DIRECTORS Philip J. Carrigan Thomas C. Cronin Judge Brian Barnett Duff Thomas Anthony Durkin Laura Lane Ferguson Hon. Michael B. Getty (Ret.) Creasie Finney Hairston Julius Hemmelstein+ Suzanne E. Jones+ Robert J. Matuzak J. Kevin McCall Bonnie McGrath Jay A. Miller Matthew S. Miller Hon. Sheila M. Murphy (Ret.) Frank J. Nicholas Brenda A. Rossini Judge Stephen A. Schiller Chester Slaughter R. Bruce Slocum George L. Stewart Brent D. Stratton+ Daniel R. Ventura Joseph F. Vosicky, Jr. ADVISORY COUNCIL Roger S. Baskes Jeffrey D. Colman Ruthanne DeWolfe Edward M. Genson Rev. Donald M. Hallberg Clifford P. Kelley Hon. Paddy Harris McNamara Norval Morris Rudolph E. Nimocks, Sr. Joyce O'Keefe+ William H. Rentschler+ Judge Jack B. Schmetterer+ Hon. Joseph Schneider (Ret.) Stephen Wade Zucker +Past Chairperson John Howard Association Incorporated Not For Profit 1901 http://www.johnhowardassociation.org/policystatements/MENTAL_HEALTH_PO LICY_STATEMENT.doc Adopted as revised by the Board of Directors: March 19, 2003 MENTAL HEALTH SERVICES FOR INCARCERATED ADULTS Introduction The John Howard Association adopted its first policy paper on mental health and corrections in 1987. Sixteen years later, as Illinois correctional populations have grown tremendously, problems in this area have also grown, as has our knowledge of the nature and extent of mental health issues in correctional settings. In our opinion, well-intentioned work in the area of mental health and corrections in Illinois has produced some positive results but remains unfinished and under-funded. We are now aware more than ever of the prevalence of cooccurring health, mental health, and substance abuse disorders among the incarcerated. While this statement focuses on mental health issues in corrections, we recognize the strong link between substance abuse and mental health issues. Other Association policy statements address substance abuse issues in corrections. Right to Mental Health Services Incarcerated individuals in Illinois have a constitutional right under the 8th and 14th amendments to the U.S. Constitution (ACLU, 1988; Ruiz v. Estelle) to mental health services for the diagnosis and treatment of mental and emotional disorders, as well as for thorough and competent discharge planning.1 Illinois jails and the Illinois Department of Corrections (IDOC) have duties to provide those services. Provision of such services prior to release will improve the incarcerationto-community transition for released inmates and ultimately save taxpayer dollars through prevention of additional or more serious criminal offenses. Correctional agencies in Illinois should design and implement up-to-date diagnostic, treatment, suicide prevention, rehabilitation, and re-entry programs for all individuals under their jurisdiction with bona fide mental health and needs and concerns. Yet, the State has not conducted a formal, system-wide, needs assessment to determine the incidence of mental illness in correctional populations in over 15 years, nor has the State thoroughly examined the appropriateness of policies that place individuals with mental health problems in lengthy isolation. Such a study is essential to the design of treatment policies and programs that will meet the real needs of the incarcerated individuals. Absent such research and information, existing treatment and rehabilitation programs and resources define the need, rather than -- as is appropriate -research-based need defining the appropriate programs and resource levels. Review of Research Recent estimates suggest that up to 40 percent of individuals with mental health problems in America come into contact with the criminal justice system (NCSL, 2001), and that up to 20 percent of incarcerated individuals have a major psychiatric disorder (NCCHC, 2002). Over 15,000 inmates in state correctional facilities (just under 2 percent of all state inmates) on any given day are under 24-hour special mental health care or supervision, approximately 10 percent receive psychotropic medication, and more receive counseling or therapy (Beck and Maruschak, 2001). Research conducted by Teplin, Abram, and McClelland (1997) suggests that mental health needs in corrections populations far outpace available resources. Other research points to a high prevalence of co-occurring disorders (e.g., mental health problems and drug addiction) in correctional populations (Abram and Teplin, 1991; Regier et. al, 1990; Michaels, Zoloth, and Braslow, 1992; SAMSHA 2002). In addition, the Bureau of Justice Statistics estimates that 14 percent of parolees in the U.S. have mental health problems (Hughes, Wilson, and Beck, 2001). The Criminal Justice/Mental Health Consensus Project reports that “rates of serious mental illness among these [jailed individuals] are at least three to four times higher than the rates of serious mental illness in the general population” (Council of State Governments 2002, p. xii). We estimate that Illinois correctional facilities routinely house more individuals with severe mental health problems than all of the State’s mental hospitals combined. The Cook County Department of Corrections, for example, routinely houses over 1,500 inmates under some form of treatment for mental health problems, making it the second largest correctional psychiatric facility in the nation. IDOC estimates that 40 percent to 50 percent of incoming inmates have mental health or substance abuse problems, or both2. In effect, Illinois’ correctional facilities are the State’s primary source of mental health services in institutional settings, with barely enough resources to meet a small percentage of the demand. We also believe, based on research and our own experience in facility monitoring and visitation (Kurki and Morris, 2001; John Howard Association, 1999) that the practice of incarcerating mentally vulnerable individuals in harsh and isolated conditions (especially placement in segregation, maximum security, and ‘super-max’ facilities) exacerbates their mental health problems. John Howard Association – Policy Statement on Mental Health Services for Incarcerated Adults – Page 3 In the past several years IDOC has made concerted efforts to improve and expand its mental health and substance abuse services. Information about mental health problems and needs collected during the intake and reception process has improved and expanded. However, the transfer of relevant information from one organization to the other (e.g., from adult jails to IDOC, between IDOC and local mental health organizations) does not proceed smoothly, and important mental health information needed by a receiving organization may not be at hand. OASA (Illinois Office of Alcoholism and Substance Abuse) licensed substance abuse programs are available at 13 IDOC adult facilities including all four women’s facilities. Special treatment beds are available for inmates with co-occurring disorders at the Dixon facility (and more are planned for the women’s facility at Dwight). IDOC has increased the number of mental health professionals with masters- and doctoral-level academic credentials. Still, by IDOC’s own estimates, they are currently equipped to meet approximately 20 percent of the mental health needs of incarcerated individuals. Need for Inter-Agency Cooperation Lack of consistent inter-agency cooperation in Illinois produces other serious problems such as: Inconsistent approaches to the diagnosis and treatment of mental health problems across systems and institutions, Difficulty in transferring relevant mental health data across computer systems, and Difficulty in assuring continuity of medication as individuals move from one system to another, and in and out of the community. There are promising models and approaches for improving the way criminal justice and other professionals interact and provide services to individuals with mental health and substance abuse needs and problems. Several jurisdictions have designed new law enforcement practices, under the rubric of community policing, for sensitizing officers to and meeting the mental health needs of residents and arrested individuals. In Memphis, for example, a Crisis Intervention Team of trained law enforcement officers works to de-escalate or minimize encounters between police and citizens with mental illness (Council of State Governments, 2002). The Illinois Police Training and Standards Board offers mental health training for law enforcement officers and recently launched a special task force on dealing with persons with mental illness. Mental health courts may help divert non-violent offenders with mental health problems from jail or prison, though opinions on their effectiveness or usefulness are mixed and extensive evaluation of recently developed models has not been produced. The Cook County Adult Probation Unit operates a Mental Health Unit to provide special services to probationers with diagnoses of mental illness or mental retardation. The Thresholds Jail Program at the Cook County Department of Corrections, which works to identify soon-to-be released inmates with mental health problems and develop release plans and community-based care to prevent relapse and recidivism. A comparable program is now in a pilot phase at the Dixon correctional facility in Illinois. These developments underscore that fact that our criminal justice system can improve John Howard Association – Policy Statement on Mental Health Services for Incarcerated Adults – Page 4 the ways in which it assesses, understands, and meets the mental health needs of individuals that come into its jurisdiction. Public Policy Institute Recommendations In April of 2002 the Public Policy Institute of Southern Illinois University convened a special work group of national experts on mental health and corrections. The Institute made the following recommendations which the John Howard Association supports: State and local government should improve the coordination between the mental health and corrections systems. The Illinois legislature should provide additional funding for community-based mental health services. State and local criminal justice training centers should provide adequate training to corrections and law enforcement professionals regarding the identification of mental health issues among people under their purview, and to reduce stigma toward people with psychiatric disabilities and mental health problems. Medicare and Medicaid should reimburse for mental health services and prescriptions at the same rate as other medical and prescription reimbursements. Corrections and mental health agencies should create mechanisms to insure a continuity of care for individuals re-entering the community with mental health needs and problems. Conclusion and Recommendations In conclusion, comprehensive and accurate documentation of the mental health needs and problems in the Illinois criminal justice system do not exist. Community-based mental health resources are lacking. Coordination of mental health information and services across systems, organizations, and facilities needs improvement, as does the mental health-related training provided to system professionals. In some cases, needs far outstrip the resources available to meet them. In addition to, and in support of, the recommendations of the Public Policy Institute, the John Howard Association recommends that: 1. The State of Illinois should undertake an immediate and comprehensive needs assessment to determine the mental health and substance abuse treatment needs of inmates under its jurisdiction (adult, juvenile, male, female, incarcerated, on parole, in community-based programs), and then design diagnostic, treatment, rehabilitation, and transition-tocommunity programs to meet the needs as determined by the assessment. 2. Corrections officials in Illinois should conduct thorough, regular, and systematic evaluations of mental health programs and services in correctional settings. Such evaluations will improve the current delivery of services and provide much needed information to policy makers and practitioners regarding promising and proven programs. John Howard Association – Policy Statement on Mental Health Services for Incarcerated Adults – Page 5 3. All prisons, jails, and detention centers in Illinois should meet the accreditation standards of the National Commission on Correction Health Care. Where it is fiscally feasible, they should pursue accreditation by this Commission. 4. The Governor and General Assembly in Illinois should appoint an overarching oversight board (located in the executive branch) to monitor and coordinate the delivery of mental health and substance abuse programs by such agencies as IDOC, the Office of Mental Health, the Division of Community Health and Prevention, the Office of Alcoholism and Substance Abuse, and the Department of Children and Family Services. 5. The Governor’s office should work with existing state agencies and advocacy groups to take the greatest advantage possible of federal incentives to develop community-based mental health services in Illinois. An increase in community-based mental health resources in the state will serve two purposes – improve the transition of incarcerated individuals to the community, and prevent unnecessary incarceration of individuals with mental health problems in the future. 6. The Illinois Department of Corrections, The Illinois Sheriff’s Association, the Illinois Law Enforcement Training and Standards Board, and the Illinois Association of Chiefs of Police, working with the John Howard Association and mental health advocacy groups, should work more closely together to review and improve the current training standards and materials relating to managing individuals with mental health and substance abuse disorders 7. IDOC and Illinois jails should periodically review their formularies and their use of psychotropic medications to insure that prisoners and detainees receive the most appropriate medications. 8. The IDOC, together with other mental health agencies and other public agencies, at state, county, and local levels should develop and implement diagnostic, treatment, rehabilitation, habilitation, and re-entry programs to ensure continuity of mental health and substance abuse service delivery for Illinois prisoners during and subsequent to incarceration. This should include sharing of records between corrections, mental health, and substance abuse agencies, ensuring continuity in the use of psychotropic medications when individuals move between systems and programs, and special parole services for individuals with mental health problems. Adopted by the John Howard Association Board of Directors John Howard Association – Policy Statement on Mental Health Services for Incarcerated Adults – Page 6 REFERENCES Abram, K. M., & L.A. Teplin. Co-occurring disorders among mentally ill jail detainees. American Psychologist, 1036-1045, October 1991. American Civil Liberties Union. The Rights of Prisoners (Fourth Edition). Carbondale, Illinois: Southern Illinois University Press, 1988. American Psychiatric Association. Psychiatric Services in Jails and Prisons (Second Edition). 2000. Beck, A. J., and L. M. Maruschak, Mental Health Treatment in State Prisons, 2000. U.S. Department of Justice, Bureau of Justice Statistics. July 2001. Council of State Governments. Criminal Justice/Mental Health Consensus Project. New York, New York, June 2002. Ditton, P.M. Mental Health Treatment of Inmates and Probationers. U.S. Department of Justice, Bureau of Justice Statistics. July 1999. General Accounting Office. Mentally ill inmates: better data would help determine protection and advocacy needs. April 1991. Harrington v. Kiley, et al., 74 C 3290; United States District Court-Northern District of Illinois (Eastern Division); pending before Hon. James B. Zagel. Hughes, T.A., D.J. Wilson, and A.J. Beck. Trends in State Parole, 1990-2000. U.S. Department of Justice, Bureau of Justice Statistics. October 2001. Illinois Department of Corrections (IDOC). Adult Correctional Center Capacity Survey, 1986. Illinois Department of Corrections (IDOC). Population Data, July 2002. Springfield, Illinois, http://www.idoc.state.il.us/subsections/reports/news/2003_DepartmentData.pdf. John Howard Association. A Report on the Tamms Correctional Center, Illinois Department of Corrections. Chicago, Illinois: John Howard Association, April 1999. Kurki, L. and N. Morris. The Purposes, Practices, and Problems of Supermax Prisons, in Crime and Justice: A Review of Research, Vol. 28. Chicago, Illinois: The University of Chicago Press, 2001. Michaels, D., S. R. Zoloth, and C.A. Braslow. Homelessness and indicators of mental illness among inmates in New York City's correctional system. Hospital and Community Psychiatry, 43, 2, 150-151, 1992. John Howard Association – Policy Statement on Mental Health Services for Incarcerated Adults – Page 7 National Commission on Correctional Health Care (NCCHC). The Health Status of Soon-ToBe-Released Inmates, A Report to Congress, Volume 1, Chicago, IL, March 2002. National Conference of State Legislatures (NCSL). Health Acts 2000: Summary, Mental Health Courts. February 2001. National Mental Health Association. Position Statement – Mental Health Courts. November 2001. Osher, F. Co-occurring Addictive and Mental Disorders, Chapter 10 in Center for Mental Health Services. Mental Health, United States, 2000. Manderscheid, R. W., and Henderson, M. J., eds. DHHS Pub No. (SMA) 01-3537. Washington, DC: U.S. Government Printing Office, 2001. Public Policy Institute, Southern Illinois University. Mental Health and Prisons, Working group recommendations. April 2002. Regier, D. A., M.E. Farmer, D.S. Rae, B.Z. Locke, S.J. Keith, L.L. Judd, and F.K. Goodwin. Comorbidity of mental disorders with alcohol and other drug abuse. Journal of the American Medical Association, 264(19), 1990. Ruiz v. Estelle, 503 F.Supp. 1265 (S.D. Tex. 1980); aff’d in part and rev’d in part, 679 F.2d 1115 (1982), am. in part, vac. in part, 688 F.2d 266 (5th Cir. 1982), cert denied, 460 U.S. 1042, 103 S.Ct. 1438 (1983). Substance Abuse and Mental Health Services Administration (SAMSHA). Report to Congress on the Prevention and Treatment of Co-Occurring Substance Abuse Disorders and Mental Disorders, Chapter 1 - Characteristics and Needs of the Population - Understanding CoOccurring Disorders. Washington, DC: U.S. Department of Health and Human Services, 2002. Teplin, L.A., K.M. Abram, and G.L. McClelland. Mentally Disordered Women in Jail: Who Receives Services? American Journal of Public Health 87:604-609, 1997. Endnotes 1 See Bazelon Center for Mental Health Law (www.bazelon.org) for additional information on recent case law regarding mental health and the criminal justice system. 2 Based on a discussion with IDOC representatives at a John Howard Association Policy Committee meeting, February 4th, 2003.