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My loved one with mental illness was just arrested. What do I do in the first 48 hours?

The short answer

Find out which jail your loved one is in. Call the jail's medical or mental health unit with diagnoses and medications. Then contact the defense attorney and ask about mental health court.

Social Security payments do not stop on day one, so you have some time to plan.

Call or text 988 any time, day or night.

Call 911 if there is immediate danger.

What if I'm worried about suicide?

If you think your loved one may be thinking about suicide, call the jail right away. Ask for medical or mental health staff. Say exactly what you've seen or heard.

How do I find my loved one (hours 0 to 12)?

  1. Search the county sheriff's online inmate lookup, or call the jail's main line and ask for booking.
  2. For state prison: Illinois Department of Corrections individual in custody search, Wisconsin Department of Corrections offender locator. For federal custody: Bureau of Prisons inmate locator.
  3. Write down the booking number, charges, and court date.

What do I tell jail medical (hours 12 to 24)?

Say: "I want to share medical information for the safety of a person in your custody."

  1. Share diagnoses, current medications and doses, the prescriber, and the pharmacy.
  2. Share recent hospital stays and any history of suicide attempts.
  3. Fax or email a one-page summary for the file. Staff may not confirm anything without a release, but they can receive information.

What happens in court (hours 24 to 48)?

  1. Go to the first appearance (bond hearing) if you can.
  2. Tell the public defender or private attorney about the mental illness, and give them your one-page timeline.
  3. Ask about mental health court. In Illinois, these courts run under the Mental Health Court Treatment Act (730 ILCS 168). In Wisconsin, ask about treatment courts in your county (Wisconsin Court System).
  4. Do not discuss the charges with your loved one on recorded jail phones.

What happens to benefits?

  • SSI: no payment for a full calendar month in jail. After 12 months in a row, a new application is needed (SSA, 20 CFR 416.1325, 20 CFR 416.1335).
  • SSDI: stops only after conviction and more than 30 days in a row of confinement after sentencing. Jail time before sentencing does not count (SSA, Social Security's rule on SSDI and confinement).
  • Report the arrest to Social Security at 1-800-772-1213 to avoid an overpayment.
  • Medicaid: Illinois and Wisconsin keep your loved one enrolled but cover only inpatient hospital care until release (305 ILCS 5/1-8.5, WI DHS, CMS).

Near release, your loved one can apply from inside. See applying for SSI before release. For how SSI and SSDI differ, see SSI, SSDI, and childhood disability benefits.

One next step, if it helps: Talk it through with Salleha. The Session is one hour with Salleha, our founder, plus one follow-up, for $249. Book anytime.

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This is general information, not legal or medical advice.

FAQ

Q: Will SSI stop if my loved one is in jail for two weeks?

Usually not. SSI stops only for a full calendar month in jail.

Q: Who decides if my loved one goes to mental health court?

The judge must approve it, and your loved one must agree to take part. Each court sets its own eligibility rules (730 ILCS 168/20).

Sources