What is the key fact?
In Estelle v. Gamble (1976), the U.S. Supreme Court ruled that deliberate indifference to the serious medical needs of prisoners violates the Eighth Amendment. This applies even if your loved one hasn't been convicted. People waiting for trial have the same right to medical care, or more.
What are you carrying?
You may be worried about missed doses, how your loved one is being treated, and release day, all while absorbing the shock of the arrest and calling offices that rarely call back.
What the research shows
In a Bureau of Justice Statistics survey of 2011 and 2012, reported in 2017, 44% of people in jail had been told by a mental health professional that they had a mental disorder.
SAMHSA's 2017 guide to jail and prison transitions uses a four-part model: assess needs, plan treatment, identify community services, and coordinate the plan so there is no gap in care after release.
What happens next?
- If you think your loved one may be thinking about suicide, call the jail and ask for medical or mental health staff right away. Say exactly what you've seen or heard.
- Call the jail's medical unit directly. Ask whether there is a form, fax, or email for families to send medication and health information. This helps staff verify prescriptions sooner.
- Send a one-page health summary. Include diagnosis, current medications and doses, the prescriber's name and phone number, the pharmacy, and what has helped before. Federal privacy rules do not stop health care providers from listening to family members.
- Ask your loved one about signing a release of information. It lets jail medical staff, the defense attorney, and future providers talk with you. Without one, you may hear little back.
- Talk with the defense attorney about mental health. The attorney can raise treatment needs with the court and may know about local diversion programs or mental health courts.
- Start release planning early. Ask who handles discharge planning, whether your loved one will leave with medication or a prescription, and how to reconnect with a prescriber and coverage. In some states, Medicaid can now cover certain services up to 90 days before release.
What helped other families
From the community. Family members who've been through this shared what helped them. These are their experiences, not professional or legal advice.
- One family made sure their own account of their loved one's illness reached everyone in the case through their attorney. The judge treated it as a medical problem and sent their loved one to treatment, and the case ended with no record.
- A parent pushed for medication both in court and with the hospital their loved one went to after jail. The judge ordered treatment, and the parent said their loved one kept taking medication after the order ended.
- A sibling learned it was possible to ask for a different lawyer. They got their loved one's case moved from the first appointed lawyer to one who focused on mental health.
Free legal resources
People in jail have a right to medical care, and free legal aid and disability rights organizations can help when care is delayed or denied. Illinois | Wisconsin | California
Programs where you live
Many states and counties run jail reentry programs and mental health courts that connect people to treatment during and after custody. Illinois | Wisconsin | California for programs and where to start. Near release, your loved one can apply for SSI or SSDI from inside. Applying before release.
One next step, if it helps: Juggling the jail, the attorney, and a prescriber at once is easier with someone who knows the system. The Session ($249) is one hour with Salleha, our founder, about getting your loved one care in jail and planning for release, plus one follow-up.
Book The SessionThis is general information, not legal or medical advice.
FAQ
Q: Can I bring my loved one's medication to the jail?
Policies vary, and jails generally prescribe and dispense medication through their own medical staff, so call the medical unit to ask. What reliably helps is sending a clear list of medications, doses, and the prescriber's contact information so staff can verify prescriptions.
Q: Will the jail tell me how my loved one is doing?
Usually only if your loved one signs a release of information. Without one, staff may not share details, but you can still give them information about your loved one's health.
Q: What happens to medication when someone is released from jail?
Practices vary by jail and state, so ask the discharge planner before release. The goal is for your loved one to leave with medication or a prescription and a scheduled appointment with a prescriber.
Sources
- Right to care in jail (opens in a new tab)
- Medical care in custody (opens in a new tab)
- Mental health in jails (opens in a new tab)
- Leaving jail or prison (opens in a new tab)
- What family can be told (opens in a new tab)
- Medicaid reentry guidance (opens in a new tab)
- County jail health standards (opens in a new tab)
