Chapter III: Pretrial Issues, Adjudication and Sentencing

Policy Statement 13: Intake at County / Municipal Detention Facility

Ensure that the mechanisms are in place to provide for screening and identification of mental illness, crisis intervention and short-term treatment, and discharge planning for defendants with mental illness who are held in jail pending the adjudication of their cases.

Defendants not released at the pretrial release/detention hearing are booked into jail pending the posting of bail or the adjudication of the charges.  Being jailed after arrest is a particularly critical period of time for a person with mental illness because the stress of incarceration can significantly raise the risk of decompensation.  There are several important services that should be provided while the defendant is in custody, including identifying those detainees with mental health problems; addressing any immediate concerns about their mental health; attending to their mental health needs while in custody; and planning for their transition back to the community.

Many of the recommendations below, while especially relevant to pretrial detainees, also apply to sentenced inmates, whether they are in jail or in prison.  For a thorough review of the issues that should be addressed when a person with mental illness is incarcerated, see Chapter 4: Incarceration and Re-entry. 

Recommendations:

a.
Screen all detainees for mental illness upon arrival at the facility.
b.
Work with mental health service providers, pretrial service providers, and other partners to identify individuals in jail who may be eligible for diversion from the criminal justice system.
c.
Facilitate the release of information to assist in the identification of need.
d.
Ensure that the capability exists to provide immediate crisis intervention and short term treatment.
e.
Facilitate a detainee's continued use of a medication prescribed prior to his or her admission into the jail. 
f.
Suspend (as opposed to terminate) Medicaid benefits upon the detainee's admission to the facility to ensure swift restoration of the health coverage upon the detainee's release. [1]  
g.
Commence discharge planning at the time of booking and continue the process throughout the period of detention.
Explore the Justice Center’s Websites
CSG Justice Center Criminal Justice / Mental Health Consensus Project Justice Reinvestment National Reentry Resource Center Reentry Policy Council