Chapter IV: Incarceration and Reentry
Policy Statement 20: Release Decision
Recommendation c: Establish special conditions of release that are realistic, relevant, and research-based to address the risks and needs of parolees with mental illness.
Conditions of parole are the centerpiece of the release plan for a person reentering the community from prison under supervised release. It is essential, especially when the parolee has a mental illness, that these conditions of release be tailored to the risks and needs that the individual presents. A parolee should not be set up for failure: the conditions of release must be realistic and enforceable. If the parolee has a mental illness, board members must confirm that the services can be made available before imposing conditions of release that require participation in certain community-based programs or treatment, and that the parolee can meet those conditions.
While release conditions will vary depending on the risks/needs of the individual parolee, outpatient and inpatient treatment, and methods to assure that any necessary medications are taken should be requirements of any release plan for parolees with mental illness.
Example: Medically Recommended Intensive Supervision Program, Texas Parole Board
The Texas Parole Board works in conjunction with the Texas Council on Offenders with Mental Impairments (TCOMI) to identify offenders who are eligible for the Medically Recommended Intensive Supervision Program. A special mental health panel, comprised of three members, considers special release conditions for these offenders. The conditions are imposed when the board determines that a mental impairment contributed to the commission of the instant offense(s) or may adversely affect a parolee's potential for success after release. The components of the conditions call for the parolee to participate in psychological or psychiatric evaluation, participate in mental health treatment, and use medication as proscribed by the attending physician or psychiatrist.
In some jurisdictions, parole boards have the discretion to refer offenders with mental illness for assessment, treatment and hospitalization. State law in Utah authorizes the Utah Parole Board to place parolees with mental illness in state hospitals for treatment as a condition of release if deemed medically necessary.
Access to income through a job or benefit program and to housing are other key factors that should be reflected in the conditions of release. (See Policy Statement 36: Integration of Services and Policy Statement 38: Housing, for further discussion of employment and housing programs for people with mental illness.)