Subject 125-4-5 MENTAL HEALTH SERVICES
When a person is committed to a correctional institution and diagnosed as having mental disorder, it is the responsibility of the Department to provide necessary mental health care for the inmate. Treatment and services as described in this chapter shall be administered by a Director of Mental Health who shall be appointed by the Commissioner. The Director shall develop and coordinate such services with appropriate Department personnel and other state agencies. An inmate, his or her family, or other individuals shall not be required to pay any portion of the fee or expenses for the inmate's mental health treatment. An inmate on work release status may be required to contribute to outpatient mental health care obtained in the community pursuant to his (her) work release plan and in accordance with current policies and procedures applicable to inmates on work release status.
Mental health services shall be available to inmates who have a diagnosable and treatable mental disorder, including alcohol and drug abuse, and those inmates who are limited in their functioning due to mental retardation, as recommended by the institutional physician, psychiatrist or psychologist.
|(a)||The services provided shall be passed upon a written assessment performed by a licensed psychologist, psychiatrist or other physician which shall be a part of the inmate's mental health/ mental retardation record.|
|(b)||MH/MR services shall be based upon an individualized treatment plan approved by an appropriately licensed psychiatrist or licensed pathologist or other qualified physician. The treatment plan shall be a part of the inmate's permanent mental health/mental retardation record.|
|(c)||Mental Health/Mental Retardation records shall be established and maintained as prescribed in the policies and procedures established by the Department of Corrections.|
|(d)||In accordance with procedures set forth in State law, the Commissioner may obtain the services of a licensed psychiatrist, licensed psychologist, or other personnel employed by another agency of state government where the services will be in the best interests of the State.|
|(e)||Mental Health/Mental Retardation treatment and services shall be made available to inmates who have a remedial mental condition or who in the opinion of the MH/MR staff may otherwise benefit from such treatment or services at institutions designated by the Commissioner or at other facilities accessible to the Department.|
Seriously mentally ill inmates or probationers who present a great risk of danger to themselves or others or who are unable to care for their own physical health and safety so as to create a life-endangering crisis and who cannot be safely managed in a less restrictive environment may be transferred to an appropriate mental health facility. The Commissioner shall promulgate procedures for establishing the need and method for an inmate or probationer to be transferred to an appropriate mental health facility.
Individuals sentenced as "guilty but mentally ill" shall be further evaluated and then treated, if necessary, within the limits of the State funds appropriated therefor. Treatment may be provided by the Department of Human Resources after transfer pursuant to procedures set forth in regulations of this Department and the Department of Human Resources.
|(a)||If a defendant who is found "guilty but mentally ill" at the time of a felony is placed on probation under the "Statewide Probation Act", the court may require that the defendant undergo available out-patient medical or psychiatric treatment or seek similar available voluntary inpatient treatment as a condition of probation. Persons required to receive such services may be charged fees.|
|(b)||Offenders who are found "guilty but mentally ill" and placed on probation but subsequently revoked will retain their "guilty but mentally ill" status upon entering the D.O.C. prison system and will be processed in the same manner as "guilty but mentally ill" offenders who are initially sentenced to the D.O.C. prison system.|