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

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

Aislinn Tansey, David DeMatteo, Kellie Wiltsie and Sarah Fishel
Handbook of Mental Health Assessment and Treatment in Jails
28 Jun 2023

Abstract

ethical considerations correctional mental health legal issues dual loyalty confidentiality practice standards guidelines solitary confinement
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.

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