Medical Treatment and Mistreatment While Incarcerated

In a mental health crisis, people are more likely to encounter police than get medical help. As a result, 2 million people with mental illness are booked into jails each year. Nearly 15% of men and 30% of women of the inmate population have a serious mental health condition. In fact, it has become so prevalent that jail and prisons are now commonly called “the new asylums.”

Inmates have the right to receive health care while incarcerated.  However, jails/prisons most often do not offer state-of-the-art health care and often are unable to provide the specific medication an inmate might have originally been prescribed.  It’s important to point out that inmates will not receive treatment while incarcerated if they do not ask.

Immediately following the arrest of a loved one, families can help by contacting the police department or bail commissioner to inform them of their loved one’s mental health condition and medical needs.  They might permit a family member to bring medication to the jail.  If so, they will need to be sure the medication is in the original pharmaceutical packaging with dispensing instructions.

If you are concerned that your loved one is being mistreated while in jail, there are agencies you can contact to register a formal complaint:

First, you should file a formal complaint directly with the facility in question. If the issue remains unsolved, they will want to contact any or all of the following:

  • In the state where your loved one is incarcerated, you can file a complaint with the State’s Department of Corrections and the Governor’s office.
  • There are several advocacy organizations you can reach out to, but they typically do not provide personal advocacy. These would include their state’s protection and advocacy agency (the state chapter of the National Disability Rights Network) and the American Civil Liberties Union (ACLU).
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Listed in the online NAMI Resource Directory are helpful resources that you can direct callers to find support, advocacy, family visiting resources, and other prisoners’ rights organizations.

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