My Family Member Has Been Arrested: What Do I Do?

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1 My Family Member Has Been Arrested: What Do I Do? A step-by-step guide to assist family members* and friends of individuals with serious mental illnesses in navigating the criminal justice system in Riverside County, CA The information contained in this brochure is intended for the benefit of all individuals who have a mentally ill loved one not just family members.

2 INTRODUCTION For various reasons, a significant number of individuals with serious mental illnesses are incarcerated in jails and prisons. In California, a recent study found an estimated 30,000 mentally ill people are behind bars at any given time. In 1999, the United States Dept. of Justice reported that 16 percent of all inmates in state and federal jails have a severe mental illness. Imprisonment usually occurs as a result of arrests for minor crimes (disorderly conduct) that are the result of the mental illness. * Incarceration is damaging for the individual with a severe mental illness and often results in inappropriate treatment and extremely stressful and even dangerous circumstances. Once such individuals are in jail, they tend to remain longer than others with similar convictions. * Incarceration of individuals with serious mental illness drains significant police resources as encounters with such individuals often consume a considerable amount of time. In California, it was found that each night a mentally ill person spends in jail costs taxpayers three times the dollars needed to provide treatment with medication in a residential care facility. * Such circumstances are also traumatic for family members. It has been reported that 40 percent of families of persons with mental illness reported that their ill family member had been arrested at some point in their lives. In an effort to address this problem, the Riverside County Dept. of Mental Health provides various services to assist individuals with serious mental illnesses who become involved with the criminal justice system as well as their family members. The purpose of this brochure is to provide information for family members who find themselves in the position of having to access the criminal justice and mental health system as a result of their loved one s arrest and/or incarceration. It is hoped that family members will find this information useful and will share it with others in need. * Little Hoover Commission Report 11/2000 STEP ONE: SUPPORT YOUR RELATIVE If your family member/friend calls you and says that he/she has been arrested, help him/her stay calm and let him/her know you are there to help. If your relative is being held in a city or County jail, remind him/her that he/she has a right to have an attorney present when being questioned by police officers or detectives. If your mentally ill relative is already at a County jail *, they must ask to be seen by Mental Health Detention Services personnel. (Mental Health Detention Services personnel are employees of the Dept. of Mental Health.) It is okay for your mentally ill family member to discuss his/her physical and mental condition, diagnosis, medications, etc. with Mental Health Detention Services. It is important that he/she feels safe and to speak openly with mental health screeners.

3 If you are present at the time of arrest, present the arresting officer with a copy of the Riverside County Dept. of Mental Health (RC-DMH) Family Member History form you have already filled out. If you do not have this form, contact the Family Advocate Program (see page 10) and you will be provided with it. STEP TWO: CONTACT THE JAIL If your family member is being held in a city jail (not the County jail), call that jail and ask for the Watch Commander. Notify the jail that your family member suffers from a mental illness and describe the diagnosis and any other concerns you might have. Inquire about the family member s status and estimated length of stay at this facility. Ask if he/she is expected to be released directly from the jail. If he/she is going to be released directly from the jail (which sometimes occurs for minor offenses), ask for the time and place so that you can be there to pick him/her up. If your relative is severely ill, request the police take him/her to a psychiatric hospital for a 5150 involuntary three-day hold for evaluation and treatment. * (Robert Presley Detention Center (Riverside), Southwest Detention Center (Temecula), Larry D. Smith Correctional Facility (Banning), Indio jail, Blythe jail) Be sure to ask for the following information: The expected date and time of departure from the jail The court arraignment date and address Medication probably will not be accessible until your relative arrives at County Jail, but you might inquire if the holding facility can secure needed medication. STEP THREE: COUNTY JAILS Upon arrival of your mentally ill relative at the Intake and Release Center of the Robert Presley Detention Center, you should call The Watch Commander s phone number is and fax number is Upon arrival at Southwest Detention Center, you should call The Watch Commander s phone number is and fax number is When you call the jail, you should get the following information: o Booking number Court Date o Charges Visiting Hours VALUABLE RESOURCE FOR FAMILY MEMBERS: The best resource/option for family members is the Riverside County Sheriff s Dept. website which has a wealth of information and covers all of the correctional facilities. ( Click on Inmate Information. (Inmates are sometimes booked with/without a middle name. If you are unable to locate him/her, try any names your relative has used.) STEP FOUR: MENTAL HEALTH DETENTION SERVICES

4 The Department of Mental Health provides services to incarcerated individuals with mental illnesses through its Detention Mental Health Services program. The staff provides psychiatric evaluation, medication, and individual counseling and referral for inpatient treatment as well as post-release planning. Mental Health does not facilitate the release of inappropriately incarcerated persons. Mental Health does assist in recommending Mental Health treatment interventions for mentally ill inmates identified by the legal system as appropriate candidates for the Mental Health Discharge Liaison program ( MHDL ). Families can request that their relative be considered for the MHDL program through the Public Defenders Office or their private attorney. This request will be processed within the court setting. You should: Immediately prepare a fax requesting that your relative be evaluated for mental health treatment. Include your relative s: Full legal name Booking number Date of birth Location In the body of the fax include: Diagnosis Psychiatrist s name, telephone number, and address The medications that are prescribed for your family member by name, dosage, and the time of day to be administered. Indicate if a particular medication has proven to be ineffective, or has dangerous and/or uncomfortable side effects. Compliance issues on medications. Whether a suicide attempt is a possibility or if you have other serious concerns regarding danger to self. Any other urgent medical conditions that might require immediate attention such as diabetes, high blood pressure, seizures, heart problems, etc. and note the necessary medications to be given. Include the medical doctor s name, address, and phone number for verification purposes. When he/she first became ill Any 5150 detainments Prior hospitalizations/psychiatric evaluations Prior arrests IMPORTANT: Do NOT address any impending charges against your family member in this fax. Provide only medical information! Fax the document to the number(s) below. This number is for mental health information only. Faxes can be sent 24 hours a day. Keep a copy of this fax for future reference. If your family member is transferred to a different facility you will need to fax this information again. Without a signed release of information form, confidentiality requirements prevent Detention Mental Health staff from providing you with any information. Your mentally ill relative must sign this Release of Information form while he/she is at the facility. Correctional Mental Health staff routinely asks an inmate if he/she wants to sign a release form.

5 It is NOT necessary that your family member sign a Release of Information form for you to provide information TO Detention Mental Health staff. Communication with staff can be improved by designating one person or family member as the contact person. Robert Presely Detention Center Phone: Mental Health Services at Robert Presley Detention Center: Phone: Fax: Southwest Detention Center: Phone: Mental Health Services at Southwest Detention Center: Phone: Fax: Larry D. Smith Correctional Facility: Phone: Fax: Blythe Jail: Phone: Fax: Indio Jail: Phone: Fax: Corona Jail: Phone: Fax: Hemet Jail: Phone: Fax: STEP FIVE: MENTAL HEALTH DETENTION LIAISION: Contact: Mara Rogers Horn Public Defender for referral to this program Phone: Fax: Contact: MENTAL HEALTH LIAISON at Contact: Eduardo Perez, Mental Health Detention Services Supervisor in Riverside at Fax:

6 STEP SIX: DECIDING ON LEGAL REPRESENTATION Your family member may want to retain a private attorney or use the Public Defenders Office. Provide the attorney with an extensive medical/psychiatric/social/ educational history of your family member. This written information will be very useful in pursuing the best outcome for your loved one. Private Attorney If your relative has a private attorney, contact him/her and provide him/her pertinent information regarding your relative s case and mental health condition. If your family member decides to retain a private attorney, be sure to select one that is well versed in helping people with mental illness. He/she must understand not only the law, but also how to access the treatment facilities and mental health services that are available. A private attorney will grant you more time, but remember you are paying for that access. Public Defender s Office If your relative does not have, or cannot afford an attorney, a Public Defender will be assigned to him/her at the arraignment. Do not be afraid to use the Public Defender. Public Defenders often have knowledge of the system as it pertains to those who need mental health services. At the arraignment you can provide pertinent information concerning both the legal issues and mental health matters to the Public Defender. This should be a brief statement (preferably written) concerning the current circumstances, diagnosis, and relevant history of your relative s mental illness. The more information the better but be concise and to the point. Public Defenders are extremely busy and do not have much time for telephone calls. He/she will appreciate written or faxed correspondence. Remember, it is the inmate, not you, who is the attorney s client. Riverside Public Defender: /Fax: Juvenile Division Public Defender: /Fax: Indio Public Defender: /Fax: Bail Consider carefully the posting of bail for your family member. No one wants a loved one to remain in jail. Being in jail is an unpleasant experience for them as well as the family. However, you must ask yourself the following question: Will my family member be able to comply with the terms of the bail and appear in court when required?

7 Also, jail may be a safer place for a person with severe mental illness who is in crisis rather than having him/her wandering the streets with no help at all. At least in jail he/she will be fed, have shelter and be given access to medication treatments.

8 FAMILY ADVOCATE PROGRAM: RESOURCES FOR FAMILY MEMBERS The Riverside County Dept. of Mental Health offers the services of the Family Advocate Program ( FAP ) to family members. FAP staff are family members of individuals with serious mental illnesses and can provide support, information, and referrals. They are available 24/7 and all services are free of charge. Family Advocate Program: Camille Callahan, Family Advocate ccallaha@co.riverside.ca.us Useful Websites: Family Advocate Program: Riverside County Department of Mental Health: Network of Care: National Alliance on Mental Illness ( NAMI ) NAMI: NAMI is a national organization with local affiliates and state organizations comprised of consumers, families, and friends of people with serious mental illnesses. NAMI works to achieve equitable services and treatment for more than 15 million Americans living with severe mental illnesses and their families. Local affiliates offer education and support. There are four local NAMI affiliates in Riverside County: NAMI Riverside: (951) NAMI Coachella Valley: (760) NAMI Mt. San Jacinto: (951) NAMI Temecula Valley: (951) CONCLUSION Supporting and coping with a loved one who suffers from a brain disorder can be extremely challenging and stressful. Knowledge, as well as your love and fortitude will be instrumental in helping you to provide strong and effective support to your family member.

9 ACKNOWLEDGEMENTS This guide is based on a draft prepared for the Los Angeles County Jail System by Mark Gale and Jim Randall of the Los Angeles NAMI Criminal Justice Committee. Carla Jacobs deserves special thanks for her help with this project. The information contained in this brochure was compiled by Camille Callahan, Family Advocate, Riverside County Department of Mental Health, Mary Allred, Board Member Mid-County Mental Health Board and NAMI Mt. San Jacinto; Brenda Scott, Riverside County Dept. of Mental Health Family Advocate Program and Board Member NAMI Mt. San Jacinto. Disclaimer: This brochure is not intended as a substitute for professional legal advice. Please assist your family member in obtaining proper legal representation. This brochure is published by the Riverside County Dept. of Mental Health, Jerry Wengerd, Director. 10/3/2006

10 INMATE MEDICATION INFORMATION FORM INMATE INFORMATION FULL LEGAL NAME OF INMATE: STREET ADDRESS: CITY: STATE: ZIP CODE: DOB: BOOKING #: JAIL LOCATION: FLOOR/CELL no.: FAMILY CONTACT INFORMATION FAMILY CONTACT NAME: RELATIONSHIP STREET ADDRESS: CITY: STATE: ZIP CODE: DAYTIME PHONE: EVENING PHONE: CONTACT SIGNATURE: x PSYCHIATRIST/TREATMENT FACILITY INFORMATION PSYCHIATRIST/LAST TREATMENT FACILITY: DATE LAST TREATED: STREET ADDRESS: CITY: STATE: ZIP CODE: PHONE: FAX: MEDICAL INFORMATION DIAGNOSIS: DAYTIME MEDICATIONS: NIGHTTIME MEDICATIONS: PRIOR ADVERSE MEDICATION EFFECTS (i.e. side effects, allergies, poor efficacy): IS SUICIDE A CONCERN? NO YES IF YES, WHY? OTHER MEDICAL CONCERNS: MEDICAL DOCTOR S NAME: OFFICE PHONE: STREET ADDRESS: CITY: STATE: ZIP CODE: JAIL MENTAL HEALTH DETENTION SERVICES FAX NUMBERS RPDC FAX: SWDC FAX: Indio fax: SCF fax: (951) Blythe Fax: (760)

NAMI Orange County 1810 East 17 th Street Santa Ana, CA 92705 Telephone: 714-544-8488 Fax: 714-544-0791 www.namioc.org info@namioc.

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