Two out of every five inmates are mentally ill, and many arrests had something to do with their mental illness. Struggling with a mental illness shouldn’t have you facing handcuffs, prison time, or even death. Yet more often than not, the people who need the most help are often the ones in handcuffs. When there is a life on the line, you need an experienced legal team who can get your family the help and representation that they need. The Law Offices of Garret T. Ogata are passionate about their clients. If you or a loved one has been neglected while in the prison system, our attorneys will personally walk your family through all of your legal options. Everyone deserves dignity and quality mental health treatments.
The Critical Issue of Delayed Mental Health Care in Jails
This problem is facing jails across the country: too many inmates that require mental health care, and yet there is nowhere to send them. It can be months before a space is available at a mental health facility, and often, an inmate’s sentence is coming to an end. This can leave inmates without the mental health care that they need in the meantime. Correctional facilities are not trained or able to meet the needs that these inmates have, and their lack of training or even cruelty can lead to dangerous and sometimes deadly situations.
Case Studies: Inmates Who Paid the Ultimate Price
Investigations have shown that the average wait time for inmates to be transferred to a mental health facility can be 50-130 days. Some recent cases have been gaining media attention as their families are grieving the losses of inmates who have tragically passed in the prison system because they did not receive the mental health care that they needed to survive.
One inmate was deemed unfit to stand trial and was ordered to be sent to a hospital to receive treatment to restore their mental health. The transfer time should have been seven days, but at the time, this inmate had been waiting for 46 days. During this waiting period, they didn’t receive any medication or ongoing treatment they had regularly been receiving. They had an issue in a holding cell with another inmate, and despite pressing their call light for over 15 minutes to bring correctional officers to the cell, they were deceased by the time “help” arrived.
Another inmate who was diagnosed with schizophrenia was also awaiting to be transferred for treatment. In a wrongful death lawsuit, his family is holding the prison system accountable that the inmate didn’t receive any of the care or mental healthcare that they needed. The inmate lost over 60 pounds in 77 days and ultimately died. The cause of death is contested in the lawsuit, but ultimately, the inadequate medical and mental health care failed both of these inmates.
The Impact on Families and the Community
Courts can mandate that prisons transfer these inmates to facilities that can support their needs. Still, unfortunately, there isn’t any room available and then prisons are left to try to provide the care that they are not trained for while they themselves are understaffed. Prisons are fundamentally not hospitals; they are ill equipped to provide the services these inmates desperately need. The trauma of incarceration, exacerbated by a lack of adequate treatment, creates a revolving door in which people with mental health conditions are unable to stabilize their lives or survive their sentence.
When an inmate dies from a mental illness while they are incarcerated, it can have tremendous impacts on their families. Families often feel responsible for inmates who become incarcerated due to their mental illness. Knowing of their struggles and feeling guilty, they could’ve somehow prevented the arrest and untimely death. The financial burden that is then placed on these families in the form of legal battles, funeral expenses, and additional expenses can place a significant strain on families who are already struggling with the loss of their loved ones.
As inmates who lose their battles with their mental health are reported on, it creates an even more considerable stigma on the negative stereotypes surrounding mental health. These stigmas can discourage people from seeking help or even adequately giving help to those in need.
Communities with growing numbers of inmates losing their lives due to the lack of mental health care can have them questioning their justice system and local police force. These calls for reform can change the fabric of healthcare that is provided, and with it being so little already, it can deprive the community of potential contributions and change.
Potential Legal Recourse and Advocacy Efforts
When an inmate who is struggling with their mental health loses their battle behind bars, there are options for family members to seek justice. Holding a prison facility liable can strain the family tremendously, but it is possible with the right attorney to support and build your case.
Lawsuits and civil liabilities that prisons can be held liable for are things like:
- Failure in their duty to provide care
- Medical neglect
- Inadequate suicide prevention
- Wrongful death
- Deliberate Indifference
When it comes to bringing a prison facility to justice, depending on the case, more than the prison can be held liable for the inmate’s lack of appropriate care.
Who can be held liable?
- The prison
- Individual guards
- Medical staff
- Medical groups that employed negligent doctors
People who are facing mental illness face enough challenges outside of the prison system. Still, once they are inside, they can face consequences that they are unprepared for simply because they are missing the necessary mental health care that they need. Holding prisons accountable for adequate inmate healthcare is just one step in advocacy. Communities should work towards having a robust mental health service and a strong crisis response system for inmates struggling with their mental health.
How to Advocate for Improved Mental Health Care in Jails
Supporting programs and therapies to help inmates work towards successful reentry to their communities is the best advocacy work we can do to help. By supporting funding through Congress and advocating for state and local policies that improve mental healthcare in prisons, we can work to end the unnecessary loss of life that these inmates face. The families of these inmates shouldn’t have to lose their loved ones due to the lack of care they are receiving in prisons. Disentangling mental health and criminal justice is the hardest step that needs to be taken to make these improvements happen.
If you have lost a loved one in the criminal justice system or if you’ve been medically neglected when you should’ve received care, your best option forward is to reach out to an experienced attorney. In legal matters, time is everything, so don’t wait to contact the Law offices at Garrett T. Ogata to start a consultation now.
