Services for Incarcerated Individuals

The Department of Justice (DOJ) should establish federal requirements for the trauma-informed care and treatment of pregnant prisoners or prisoners who are primary caretakers with mental health and substance use disorders (MH/SUD). Congress should provide whatever additional authority the Department needs to establish such requirements.[1][2]

The White House should launch an interagency council or permanent working group to address behavioral health issues in the criminal legal system. Several issues to address include different funding streams, confusion around jurisdiction on Capitol Hill, and federal legislation and programs that do or could address these issues. Group members should consist of, but are not limited to, the Department of Justice (DOJ), Health and Human Services (HHS), Housing and Urban Development (HUD), and Labor (DOL).[1]

Congress should pass the bipartisan Medicaid Reentry Act to connect Medicaid-eligible individuals with access to mental health and substance use disorder (MH/SUD) treatment and resources 30 days prior to release from jail or prison.[1][2][3][5][8][9] In addition, Medicaid services should be maintained for incarcerated individuals who are not adjudicated or convicted of a crime by passing the Due Process Continuity of Care Act.[2][6][7][10][11]

Evidence-based screening, assessment, and treatment, including psychosocial and pharmacological treatments, should be adopted in jails and prisons. Correctional officers should be trained on de-escalation and safety measures in situations involving an inmate in a mental health crisis. To improve the care within jails and prisons, the Department of Justice (DOJ) should issue guidance and model policies and practices for state and local governments, as well as implement such policies and practices within federal facilities.[1]

Congress should pass the One Stop Shop Community Reentry Program Act to provide grants to community-based nonprofits to support reentry centers that offer various services, including housing, job training, and mental health counseling for previously incarcerated individuals.[1][2][3]

Congress should ensure that federally funded public assistance, such as the Supplemental Nutrition Assistance Program (SNAP), to previously incarcerated individuals who face barriers during reentry. In addition, federal prisons should provide every person leaving custody with a reentry plan that includes initial appointments and contact information for mental health and substance use disorder (MH/SUD) treatment services and supportive housing.[1][2]