Chapter IV: Incarceration and Reentry

Policy Statement 20: Release Decision

Ensure that clinical expertise and familiarity with community-based mental health resources inform release decisions and determination of conditions of release.

Recommendation b: Develop protocols to share information and resources among parole agencies, departments of corrections, and mental health organizations.

The value of risk assessments for inmates with mental illness depends on the quality of information regarding an offender's mental illness and the assistance of a clinician to evaluate and interpret that information for a releasing authority.  Nevertheless, releasing authorities (especially parole boards) report considerable difficulty in gaining access to this information or mental health expertise.

Parole officials typically rely on correctional health officials for information regarding an offender's mental health.  Such information, however, is often dated and incomplete.  Mental health information from community-based treatment agencies and providers would provide releasing authorities with a greater understanding of the inmate's mental health history.  To that end, releasing authorities should enter into agreements with mental health organizations to ensure the confidential and appropriate sharing of information regarding a person's mental illness.

Several state parole boards have addressed these issues by collaborating with their counterparts in the state mental health agencies.

Example:  Memorandum of Understanding Between the New York State Office of Mental Health and New York State Division of Parole

In 1994, the New York State Office of Mental Health and the New York State Division of Parole signed a Memorandum of Understanding (MOU) to identify and better serve people with mental illness.  The MOU enhanced coordination of mental health evaluations for the board of parole; increased discharge planning for inmates with serious mental illness; implemented mental health training for parole officers; and established a Dedicated Parole Caseload initiative.

Example:  Multidisciplinary Team, Missouri Parole Board

The Missouri Parole Board employs a specially trained staff person who sits on a team with institutional staff to develop a continued-care plan for inmates with mental illness. The continued-care plan is holistic, addressing all areas of the offenders' life connected to his/her success in the community.  The program consists of both an institutional and a community release center phase.  The institutional phase lasts for four months and selected inmates spend two months in the community phase for a combined minimum of six months.  The program is used by the parole board as a pre-release planning mechanism, as well as an alternative to revocation for those who are parole violators.

Example:  Forensic Mental Health Coordinating Council (UT)

In 2002, the Utah legislature expanded the membership and scope of the Mental Health and Corrections Advisory Council and renamed it the Forensic Mental Health Coordinating Council.  The Forensic Mental Health Coordinating Council includes representatives from the Department of Human Services Division of Mental Health, the State Hospital, the Board of Pardons and Parole, the Attorney General's Office, Department of Corrections (DOC), Services for People with Disabilities, community mental health agencies, Division of Youth Corrections, and the state court administrator's office.  The council was formed to develop policies for coordination between the Division of Mental Health and the Department of Corrections, advise the DOC on care for inmates with mental illness, promote interagency communication around issues of mental illness and mental retardation, address civil commitment issues, and oversee coordination of services and placement options for particular individuals.

Example:  Texas Council on Offenders with Mental Impairments (TCOMI), Texas Department of Criminal Justice (TDCJ)

The TCOMI's Continuity of Care (COC) program provides a pre- and postrelease aftercare system for all offenders with special needs released from TDCJ jails and prisons.  By identifying offenders prerelease who will need aftercare treatment, the chances for a more successful reintegration into the community are improved. When these offenders areidentified prior to release, conditions may be imposed by the parole board or the courts that require mandatory participation in mental health treatment or other similar rehabilitative programs. TCOMI has set up a regionalized continuity of care system. Now, instead of a worker having to make repeated trips across the state, his/her counterpart in that area conducts the prerelease activities. This strategy is being implemented on a statewide basis. The majority of offenders released from TDCJ facilities are returned to communities where TCOMI and, in some cases, parole jointly operate community-based treatment programs. As a result, offenders are immediately enrolled in treatment services that are targeted exclusively for them, thus eliminating service delays. This approach, which was centrally developed but regionally implemented in association with community-based service providers, exemplifies what can be accomplished when interagency partnerships and cooperation are established at both the state and local levels.

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