When a family member with mental health issues is arrested, it creates a complex and challenging situation for both the individual and their support system. The intersection of mental illness and the criminal justice system presents unique obstacles that require specific knowledge and strategies to navigate effectively. This article provides guidance on how to advocate for proper mental health care, communicate with jail staff, and ensure the safety and well-being of a loved one with mental illness who is incarcerated.
Initial Response to Arrest
When family members or friends with serious mental illness are arrested, the immediate actions taken can significantly impact their well-being and legal outcomes. The first step is to help the arrested individual remain calm while offering support and assistance. It is crucial to advise them not to discuss the circumstances of their arrest with police or jail staff without consulting an attorney first, as anything they say may be used against them in legal proceedings.
Upon arrival at the jail, individuals will typically undergo screening for mental health conditions and other health concerns. It is essential that they be direct and honest during this screening process to receive appropriate care. Family members should assure their loved one that it is safe to openly discuss their mental health condition, diagnosis, medications, and treatment history with the screening staff, which usually includes nursing personnel and jail mental health professionals.
Communicating Mental Health Information to Jail Staff
Effective communication with jail staff about a loved one's mental health condition is critical for ensuring appropriate care. Family members should encourage their incarcerated relative to notify jail staff of their mental illness diagnosis and medications they are taking. This information should include:
- The name and contact information of their prescriber (psychiatrist, APRN, or family doctor)
- The psychiatric medications they have been taking
- The pharmacy where their prescriptions are typically filled
If this information was not provided during the booking process, the individual should be encouraged to speak with a nurse or mental health provider as soon as possible. In most facilities, such requests must be submitted in writing through a formal process often referred to as a "kite."
Family members should also remind their loved one to report any adverse reactions to past medications, including information about medications that were ineffective. This comprehensive information helps jail medical staff provide appropriate treatment.
When Your Loved One Cannot Self-Advocate
In cases where a family member is too ill to request care themselves—such as when they were experiencing psychosis at the time of arrest—family members may need to take a more active role. While privacy laws typically prevent jail staff from sharing information about adult inmates, family members can still contact the jail directly to notify them of their loved one's serious mental illness and provide relevant medical information.
When contacting jail staff, family members should be prepared to share: - The specific mental health conditions their loved one has - The name and contact information of their prescriber - Current and past psychiatric medications - The pharmacy where prescriptions are filled - Information about previous medications if the individual is not currently on medication
Jail medical staff may then contact the pharmacy and/or prescriber to verify this information, ensuring continuity of care that is crucial for individuals with serious mental illness.
Medication Management in Jail Settings
Medication management in correctional settings presents unique challenges. Inmates who divert their own medications or accept medications not prescribed for them may face sanctions, which could include having their medications stopped. This safety measure exists because medications given by other inmates could cause significant or life-threatening adverse reactions.
It is important to understand that inmates cannot be forced to take medication against their will without an administrative hearing. Many people mistakenly assume that jails can automatically force medication on individuals with serious mental illness, but this is not the case. The jail must hold an administrative hearing and present evidence that the individual is a danger to themselves or others before involuntary medication can be administered.
Several factors influence whether such a hearing takes place. Even if an individual is very ill, if they are not disruptive or causing problems for staff or other inmates, a hearing may not occur. Unfortunately, some inmates who exhibit signs of psychosis may be punished rather than receive appropriate treatment when they are disruptive.
Advocating for Proper Mental Health Care
Family members often need to become advocates to ensure their loved one receives appropriate mental health care while incarcerated. One effective strategy is to hand-deliver, fax, or email a letter requesting that the individual be screened for placement in a mental health unit and/or examined by a psychiatric services provider. These letters should include any history of receiving services from local mental health authorities (LMHA) or local intellectual and developmental disability authorities (LIDDA).
Family members should also inform their loved one's psychiatrist, case manager, or other service providers on the outside about the incarceration and ask them to contact the jail regarding treatment planning. This outside professional input can be invaluable in ensuring continuity of care.
Following up with jail medical staff or administrators about mental health history and the importance of continued medication and treatment is another advocacy strategy. While privacy laws and HIPAA may limit what information jail staff can share, polite persistence about the critical nature of the individual's medications and treatment can be effective.
Legal and Advocacy Resources
Several resources are available to assist families navigating the criminal justice system with a loved one who has mental illness. The Consensus Project, coordinated by the Council of State Governments Justice Center, is a criminal justice/mental health information network that can provide guidance.
For those in Texas, the Texas Jail Project offers advocacy support and can help with participatory defense alongside the individual's attorney. They employ unique problem-solving tactics to mitigate harm and improve outcomes for incarcerated individuals with mental illness. The Texas Criminal Procedure & The Offender with Mental Illness Guide, developed by the Texas Tech School of Law, provides comprehensive information on this topic.
Family members should maintain records of all correspondence with jail staff and other agencies, as this documentation can be valuable if issues arise regarding the care or treatment of their loved one.
Addressing Concerns About Care Quality
When family members believe their loved one is not receiving proper medical care, nutrition, or appropriate mental health services, they should take action. Resources like the Sandra Bland Act and the Patient's Bill of Rights provide frameworks for addressing these concerns. The Texas Jail Project can be contacted at (512) 469-7665 or via email at [email protected] for assistance with such issues.
In some cases, family members may need to file formal complaints about care or conditions. While strategies like filing writs have been less successful since the onset of COVID-19, other advocacy approaches remain viable. Family members are encouraged to report problems to state agencies, policymakers, and lawmakers, either directly or through organizations like the Texas Jail Project that can help document issues while maintaining confidentiality.
Special Circumstances: Incompetency to Stand Trial
In situations where a loved one has been found incompetent to stand trial and is awaiting transfer to a state hospital, specific steps are required. Family members can email [email protected] to determine their loved one's position on the state's forensic waitlist and estimated waiting time.
If a family member believes their loved one is decompensating and needs immediate intervention, they should complete an intake with Disability Rights Texas. This organization can provide critical advocacy and support for individuals in crisis situations within the criminal justice system.
Community Solutions and Future Directions
Communities are increasingly recognizing the need for better alternatives to incarceration for individuals with mental illness. Legislative efforts, such as the significant mental health data collection initiative planned for 2025, aim to provide more informed policy-making for the future. These efforts focus on creating safer and healthier communities through meaningful alternatives to traditional criminal justice approaches for individuals with serious mental illness.
Conclusion
Supporting a family member with mental illness who has been arrested requires knowledge, persistence, and strategic advocacy. By understanding the unique challenges of the criminal justice system, communicating effectively with jail staff, and utilizing available resources, family members can help ensure their loved one receives appropriate care during a difficult and vulnerable time. While the system presents significant obstacles, informed advocacy can make a substantial difference in the outcomes for individuals with mental illness who interact with the criminal justice system.