NCJ Number
116593
Date Published
1988
Length
256 pages
Annotation
This overview of legal issues pertaining to the mentally disordered inmate addresses the inmate's legal identity, the right to treatment, the transfer of inmates for treatment, and confidentiality and consent in the treatment relationship.
Abstract
Correctional facilities have the overall legal duty to preserve inmate's life and health. The duty to provide medical or psychological care arises at the point where an inmate is known to be ill or injured. Institutions are particularly bound to avoid 'deliberate indifference' to an inmate's health condition and to respond to inmates' 'serious needs.' The constitutional duty to respond to inmate's health needs creates important ancillary rights and duties, including the duty to diagnose and classify inmates according to treatment needs and the maintenance of records required for continuity of care and review of the efficacy of care. Some specific issues in the management of inmates that pertain to mentally disordered inmates are the use of isolation, the handling of pretrial detainees, suicide prevention, and the care of the mentally retarded inmate. Legal issues in the transfer of inmates for treatment are procedural claims, the adequacy of correctional facilities, criteria for transfer, durational limits, good time credits, parole eligibility, and rights subsequent to transfer. Chapter footnotes, 15-item bibliography.