Bill to reduce recidivism by providing therapy in prisons introduced

SACRAMENTO – Senator Scott Wiener (D-San Francisco) introduced SB 513, the Reducing Recidivism Through Therapy Act. SB 513 would help rehabilitate California’s incarcerated population and reduce California’s high recidivism rate by providing access to therapy to all incarcerated Californians, regardless of security level, sentence length, or mental health disorder classification.

Currently, a large majority of California state prison inmates have no access at all even to the most minimal mental health treatment. As a result, rehabilitation is more difficult, and recidivism is more likely. SB 513, by providing therapy services to inmates, will help prepare them for release.

There are approximately 97,000 people incarcerated in California’s prisons. The California Department of Corrections and Rehabilitation (CDCR) currently provides therapy to only the most severe cases of mental illness – those assigned to one of four classifications:

1. Core Clinical Case Management System (Triple-CMS): the lowest classification level. Patients are supposed to receive therapy at least once every 90 days.

2. Enhanced Outpatient Program (EOP): the highest level of outpatient mental care. Patients whose symptoms impact their ability to function and live in separate housing.

3. Mental Health Crisis Bed (MHCB): patients who are in acute psychiatric distress and typically stay for less than 10 days when deemed a danger to themselves or others.

4. Psychiatric Inpatient Programs (PIP): patients who need acute or immediate care and are often experiencing suicidal ideation.

Currently, around 30,000 incarcerated people fall into one of these classifications. Though they technically have access to therapy, their sessions are often as short as 15 minutes, and they are often cycled through different therapists sporadically. These constraints make it impossible for them to build rapport with their therapist and establish consistency - both key to the success of any mental health treatment program.

The other 67,000 incarcerated Californians who are not classified have no access to any mental health care at all.

Experts have concluded that these numbers do not reflect the true need for mental health treatment among incarcerated people. According to the National Alliance on Mental Illness (NAMI), about 3 in 5 people (63%) with a history of mental illness do not receive mental health treatment while incarcerated in state and federal prisons. In 2013, the California Journal of Politics and Policy found that of the majority of incarcerated persons with mental health or substance use issues, less than 10% receive treatment.

In addition, the experience of incarceration is itself often traumatic enough to warrant mental health treatment. The Prison Policy Initiative found that people’s experiences in jails and prisons correlate to the development of adverse mental health effects.

California pays the price for this lack of treatment in its recidivism rate, which is among the highest in the country. According to the California State Auditor, it has averaged at around 50% over the past ten years. Research shows that programs and services provided within prisons can reduce recidivism by helping change incarcerated people’s behavior.

SB 513 will ensure that mental health therapy is accessible to all incarcerated people, regardless of security level, sentence length, or mental health classification.

It requires CDCR to increase virtual or in-person therapy opportunities to all incarcerated people, to the greatest extent possible. The bill redefines “mental health therapy” as 50-minute sessions offered up to two times per month by a psychiatrist, psychologist, licensed social worker, or licensed therapist. The bill will also require CDCR to provide incarcerated people with a mental health appointment within two weeks of the patient requesting care and will ensure patients are seen on schedule and on time.

“If we’re serious about reducing California’s abominable recidivism rate, we have to do something about the mental health crisis in our prisons,” said Senator Wiener. “Incarcerated persons need to be rehabilitated, but our outdated system for classifying mental health need is providing poor care to some and no care to tens of thousands of others. Providing access to therapy for all prisoners, regardless of classification, security level, or sentence length is a compassionate step that will improve public safety.”

SB 513 is sponsored by the Anti-Recidivism Coalition.

“Mental health care should be available to everyone seeking it— especially those navigating trauma and depression behind the walls of California’s prisons,” said Esteban Nunez, Chief Strategy Consultant, Anti-Recidivism Coalition. “Therapeutic care was a major factor in my rehabilitation; it provided me a space to process my traumas, better understand the harm I caused, and reenter society ready to move forward as an engaged member of my community. Unfortunately, most incarcerated Californians don’t have that opportunity. SB 513 is long overdue in ensuring that they do.”

By LA BLADE STAFF