The Mentally Ill Offender: A Brighter Tomorrow through the Eyes of the Mentally Ill Offender Treatment and Crime Reduction Act of 2004

By Rivera, Ralph M. | Journal of Law and Health, Spring 2004 | Go to article overview

The Mentally Ill Offender: A Brighter Tomorrow through the Eyes of the Mentally Ill Offender Treatment and Crime Reduction Act of 2004


Rivera, Ralph M., Journal of Law and Health


I.    INTRODUCTION
II.   DUTY TO PROVIDE OR THE RIGHT TO RECEIVE
      HEALTH CARE SERVICES
III.  EXCEPTIONS TO THE GENERAL RULE THAT THE
      STATE HAS NO DUTY TO PROVIDE HEALTH CARE:
      PERSONS UNDER STATE CUSTODY
      A. Rights to Health Care for Children in State
         Custody
      B. Rights to Health Care for Persons in Mental
         Institutions
      C. Rights to Health Care for Prison Inmates,
         Pretrial Detainees, and Arrestees
IV.   THE LANDMARK DECISION OF ESTELLE V. GAMBLE:
      INMATES ACCESS TO HEALTH CARE
      A. The Deliberate Indifference and Serious
         Medical Needs Test
V.    RIGHTS TO MENTAL HEALTH CARE TREATMENT
      A. Rights to Mental Health Care Treatment in
         State Treatment Facilities
      B. Rights to Mental Health Care Treatment in
         Correctional Facilities
VI.   BARRIERS TO EFFECTIVE AND EFFICIENT TREATMENT
      FOR MENTALLY ILL OFFENDERS
      A. Correctional Facilities Must Implement
         Screening Procedures
      B. Correctional Facilities Must Staff Adequately
         Trained Mental Health Care Professionals
      C. Results of the Lack of Training for Law
         Enforcement Officers
VII. PROBLEMS THAT RESULT FOR THE FAILURE TO
     PROPERLY TREAT MENTALLY ILL OFFENDERS
     A. Lack of Treatment in Correctional Facilities
        for Mentally Ill Offenders
     B. Recidivism Rates Among Mentally Ill Offenders
VIII. PUBLIC POLICY DEMANDS THAT MENTALLY ILL
     OFFENDERS RECEIVE THE NECESSARY MENTAL
     HEALTH CARE TREATMENT WHILE INCARCERATED
     A. The Mentally Ill Offender and Crime
        Reduction Act
     B. Properly Implemented Treatment Programs
        in Correctional Facilities Can Lower
        Recidivism Rates Among Mentally Ill
        Offenders
     C. Collaboration Between Systems to Combat
        the Barriers Affecting the Mentally Ill Offender
     D. Law Enforcement Agencies Must Be Trained to
        Deal with the Mentally Ill Offender
     E. Alternatives to Incarceration for Mentally Ill
        Offenders
IX. CONCLUSION

I. INTRODUCTION

Rhonda Atkins poured her heart out when she testified to Congress, in the summer of 2004, about her concerns that this country faces in combating the problem of obtaining the necessary treatment for mentally ill offenders. This problem is especially close to her heart because her daughter Reese was diagnosed with bipolar disorder, a severe mental disorder, when she was fifteen years old. (1) For years, Reese's conditions went untreated and she began to slowly deteriorate. Reese tried to control her conditions by abusing various substances, like so many other individuals suffering from mental illnesses. Reese's behavior would range from severe mania, to extreme irrationality, to paranoia. When her daughter's behavior became uncontrollable, Rhonda's only resource was to call the police. (2)

Through the countless times that the police were called to her residence because of her daughter's behavior, some police officers were compassionate to her illness, while others were rough. Sometimes, the officers escalated Reese's conditions where she or the officers could have been injured. One officer stated, "if you were my daughter, I would knock you across the room." (3) The officer's behavior exemplifies the growing problem that the criminal justice system is ill-equipped to properly handle mentally ill offenders.

At the time of Reese's first arrest for trespassing, there were no resources available to give her daughter the necessary treatment she required. Even after she was later diverted into a drug court, following a drug charge, her daughter was still left without the necessary treatment. One social worker even discouraged the integration of substance abuse treatment and mental health treatment. (4) The reality of Reese Atkins is a sad but true story. The Atkins family is not alone in this fight.

Beginning in the early 1950s and '60s, states began to close their public mental health hospitals. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

The Mentally Ill Offender: A Brighter Tomorrow through the Eyes of the Mentally Ill Offender Treatment and Crime Reduction Act of 2004
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.