Abstract
This Article explores a compelling issue: the on-going trend of mistreatment of mentally ill prisoners nationwide. Properly addressing the needs of this segment of the population can help contribute to a reduction in mass incarceration. In response to such systemic inequities, many states have implemented Mental Health Courts as a diversionary program for inmates who have committed minor offenses as a result of their illness. Crafting a solution to the alarming trend of inappropriately sentencing mentally ill defendants requires a seven-step approach. This article contends that all states should implement cognitive behavioral and group therapy programs in their departments of corrections facilities, as well as train law enforcement and prison personnel on interacting with mentally ill individuals. This Article also advocates for states to adopt a more meticulous inmate screening process; establish a group to supervise mentally ill inmates; and facilitate data sharing between prosecutors’ offices, medical personnel, and prison staff. Additionally, this article proposes establishing a Mental Health Treatment Center at state prisons modeled off of the Cook County Prison System, creating aftercare programs for inmates upon release, and expanding access to mental health courts.
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