2 minute read
POLICY RECOMMENDATIONS Human Health
Policy Recommendation 6:
The Council of State Governments could work with its Justice Center and The National Center for State Courts to create a national framework for the private sector, state legislatures, state agencies and the courts to better deliver behavioral health and substance use disorder services for justice-involved individuals.
The Human Health Subcommittee approved this recommendation citing a desire to examine how behavioral health and substance use disorder services are delivered to incarcerated individuals and those making the transition from being in custody to out in the community. Subcommittee members specifically noted concerns regarding who can access services in custody and how the continuum of care is maintained through an individual’s transition out of state and private facilities.
When we talk about the revolving door of offenders with mental health and substance abuse issues, we need to look inward on what we as a justice system are doing about it. Problem-solving courts have done a great job at providing needed treatment for offenders, but they touch only a small percentage of the offender population. Most offenders don’t receive needed treatment and those that do are not always provided with a transition plan and access to services upon release from custody. This contributes to the revolving door.”
An estimated 70% of individuals involved in the criminal justice system have a behavioral health disorder, making state courts a significant referral source for community behavioral health treatment and often making jails the largest behavioral health facilities in the jurisdiction.1
According to the Substance Abuse and Mental Health Services Administration (SAMHSA), the high prevalence of mental and substance use disorders in correctional settings produces poorer outcomes for both affected individuals and correctional agencies.2 Individuals with mental and substance use disorders are less likely to make bail and more likely to have longer jail stays and serve time in isolation during incarceration as well as experience victimization or exploitation. While individuals presenting a need for behavioral health or substance use disorder services present a range of physical, behavioral and developmental needs, according to SAMHSA, the additional expense of new interventions has been justified by pointing to improved individual and system-level outcomes.3
The Council of State Governments, its Justice Center and the National Center for State Courts can work with state leaders to improve coordination between the behavioral health and justice systems to reduce recidivism and improve treatment outcomes by:
Creating state-level commissions, task forces and work groups to improve the court and community responses to mental health challenges.
Disseminating state court best practices for responding to children, youth and adults with behavioral health disorders.
Providing a bridge among the three branches of government so that state resources and policy are coordinated.
State Examples
In Massachusetts, the Department of Corrections partners with MassHealth to provide health insurance to released inmates. This partnership allows community access upon release to medical services, mental health services and substance use treatment.4
In North Carolina, the North Carolina Formerly Incarcerated Transition (FIT) Program establishes patient-centered primary care medical homes for returning inmates with chronic medical conditions, behavioral health needs and/or substance use disorders. This includes a peer navigator model that works with local reentry councils and community-based organizations to create comprehensive reentry plans including health care.5
Additional Resources
The Council of State Governments State Leader Policy Brief: Human Health (2022) — https://web.csg.org/csghealthystates/ wp-content/uploads/sites/23/2022/05/Healthy-States-NationalTask-Force-Policy-Brief-Strategies-for-Improving-Health-Equity.pdf
Annual Meeting of The Council of State Governments Southern Legislative Conference in Oklahoma City — https://web.csg. org/csghealthystates/wp-content/uploads/sites/23/2022/08/CSGHealthy-States-National-Task-Force-Human-Health-SubcommitteeMeeting-Report-July-2022.pdf
