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MAJOR MOVE IN MENTAL HEALTH REFORM

We should thank the Indiana legislature and Governor Mike Pence for foresight in appropriating 60 million dollars over the next 2 years for treatment and rehabilitation programs for individuals with mental illness and severe abuse addictions. The funds provide targeted resources and treatment that will reduce criminal activity and incarcerations of individuals with co-occurring or mental health disorders.

The goal is treatment, known as forensic diversion, which will reduce the need for hospitalization and optimize personal recovery through trauma-based care, outreach and intensive case management. Higher risk offenders with more needs get more resources with a specific treatment focus. Using evidence based practices, risk and need assessments are conducted through individualized approaches and intensive targeting for behavioral change.

Mental illness is an equal opportunity employer and does not discriminate based on economic status or level of education. You will be surprised to learn how much of your local Sheriff’s budget goes to psychotropic medications. That will soon increase, as Indiana will release nearly 18,000 individuals from the department of corrections and nearly 6,500 Level 5 and 6 felons will now be jailed in local county jails.

The new law, House Enrolled Act (HEA 1006), will work to reduce recidivism through educational and vocational programs, substance abuse treatment and cognitive behavioral therapies. The Indiana Division of Mental Health and Addictions notes that 15% of men and 31% of women in local jails have serious mental illness. Most of these individuals with mental illness are not violent. National research also shows that 53% of prisoners at the department of corrections, 45% of federal prisoners, and 68% of local jail inmates have alcohol and drug additions. This number is 8.8% for the general population.

For medical providers, 10 million dollars is appropriated this year with 20 million dollars next year for forensic treatment, to supplement what Medicaid and insurance does not pay for mental health treatment for criminal defendants.

The new law provides new funding for psychiatrists and other mental health providers to treat criminal defendants with mental health needs. Expanded services include forensic treatment, medication management through home visits with probation officers, transitional housing assistance, supportive employment initiatives, case management, detox, community recovery support programs, and new crisis intervention training for law enforcement. These enhanced mental health services will reduce crime.

The new law trains community corrections officers and probation officers on how to teach offenders to apply for HIP 2.0., so criminal defendants won’t lose Medicaid eligibility when leaving the jail. Funding will also support services for those in the criminal justice system without insurance coverage.

HEA 1006 will assist with a shortage of inpatient beds for criminal defendants with mental illness through the building of a new Central Indiana Hospital that will provide psychiatric services tied to criminal behavioral treatment.

The new law has probation officers, state hospitals, department of corrections, jails, re-entry courts, prosecutors and judges working together in ways these individuals have not worked together before. For that, Governor Mike Pence and the Indiana legislature are to be commended for their significant investment in our criminal justice system and the needs of the mentally ill in Indiana.

Mark Hurt is an attorney who served as health care advisor to Sen. Dan Coats, R-Indiana, Michigan Gov. John Engler and Rep. Fred Grandy, R-Iowa. Mark has law offices in Kokomo and Noblesville and can be reached at www.markhurtlaw.com

Matthew Tetrault