Legal and Ethical Issues in Mental Health Assessment and Treatment in Jails

Abstract

Rates of mental illness among jailed individuals are considerably higher than rates of mental illness in the general community population, so the provision of mental health services in jails is receiving increasing attention from clinicians, researchers, correctional institutions, and policymakers. This chapter focuses on several important legal and ethical considerations that are implicated when providing mental health services—screening, assessment, and intervention—to those in jail. After describing the overrepresentation of mental illness among jailed individuals, this chapter discusses ethical considerations relating to mental health screening, confidentiality, solitary confinement, and research conducted in jail contexts. Next, this chapter discusses practical considerations relevant to the provision of mental health services in jails, including the legal standard for mental health care in jails and a variety of organizational standards and guidelines. This chapter concludes with a discussion of best practices for providing mental health services in jails.

Open up and let us in: An introduction to the special issue on emerging issues in correctional policy, research, and practice.

“…Furthermore, clinical work as a forensic psychologist-at least in the United States-is guided by the APA's Specialty Guidelines for Forensic Psychology (APA, 2013) and is considered a specialty area, meaning it requires specific predoctoral and/or postdoctoral experience. The Specialty Guidelines (APA, 2013) unfortunately have far less utility in correctional psychological practice (DeMatteo et al, 2023).…”