DATELINE: 07/22/98

I recently received information from NAMI E-News regarding a pending federal bill entitled "State and Local Relief Act" (s. 2266). Please take a few minutes to read the following article, which I have reprinted with permission from the National Alliance for the Mentally Ill (NAMI).

NAMI E-News/July 20, 1998/Vol. 99-5

BILL PENDING TO DENY ADA PROTECTIONS FOR PEOPLE IN PRISONS
YOUR ADVOCACY IS NEEDED TO PREVENT ENACTMENT OF THIS DAMAGING LEGISLATION

Background: Title II of the Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities by "public entities," which include state and local governments. Recently, the U.S. Supreme Court ruled in Pennsylvania Department of Corrections v. Yeskey that Title II applies to inmates in state and local prisons. In response, Senator Strom Thurmond (R. South Carolina) has introduced a bill, entitled the "State and Local Prison Relief Act" (S. 2266), that would remove the protections of Title II and Section 504 of the Rehabilitation Act for people with severe mental illnesses or other disabilities who are in correctional facilities. (Section 504 prohibits discrimination by programs receiving federal financial assistance).

The definition of "prison" incorporated into S. 2266 is so broad that it would apply not only to state prisons but also to local jails, juvenile justice facilities, and forensic hospitals administered by correctional departments. Hence, an individual who is sent to a forensic hospital for a competency evaluation or pursuant to an insanity verdict would also not be protected by the ADA or Section 504.

If enacted, how will this bill likely impact on people with brain disorders in correctional facilities?

As the law is still evolving in this area, there have not been many cases brought on behalf of prisoners with brain disorders under either the ADA or Section 504. However, the few cases that have been brought illustrate that these laws are potentially important sources of protection for people with schizophrenia, manic-depressive illness and other brain disorders in correctional settings. For example:

· The ADA and Section 504 could be used to assert that inmates on psychotropic medications should not be subjected to extremely hot living or working conditions in prison settings.

· The ADA and Section 504 could also be used to assert a right to humane psychiatric treatment for prisoners experiencing acute psychotic symptoms.

· The ADA and Section 504 could also be used to assert the right of a prisoner being administered lithium to have his/her blood levels regularly monitored, a standard safety requirement for all people taking this medication.

ACTION REQUESTED:

Your advocacy against S. 2266 is urgently needed!

There is speculation that Senator Thurmond will seek to amend S. 2266 onto the Senate Appropriations Bill. This would put S. 2266 on the fast track for passage, and would make it far more difficult to defeat. It would also mean that there would be no substantive debate in the Senate about S. 2266. If the Senate passes S. 2266, it is very likely that the House of Representatives will follow suit. Hence, time is of the essence.

Please contact your Senators by calling the Capitol switchboard at 202-224-3121 or by email (for email addresses go to the NAMI website and click on "Write to Congress") and urge your Senators to:

· Oppose S. 2266, the "State and Local Prison Relief Act."

· In addition, oppose amending S. 2266 onto the Senate Appropriations Bill. A bill so potentially harmful to people with disabilities, including people with severe mental illnesses, should be considered alone, on its own substantive merits.

Talking points on S. 2266:

· Individuals with schizophrenia, manic-depressive illness, and other severe mental illnesses are frequently subject to inhumane conditions of confinement and poor or non-existent treatment when in prison settings. Title II and Section 504 are important laws for protecting the rights of these vulnerable people to humane treatment for their brain disorder.

· S. 2266 is so broad that it would apply not only to prisons but also to jails and forensic hospitals. A 1992 NAMI survey revealed that 29% of all jails admit holding people with serious brain disorders without being charged. Many of these individuals end up in jails because there are no beds available in psychiatric hospitals. These people desperately need and deserve the protections of Title II and Section 504.

· People with schizophrenia, manic-depressive illness and other severe mental illnesses are committed to forensic hospitals when they are determined to be so ill that they may not be capable of understanding the nature of pending criminal charges or of understanding the difference between right and wrong. Conditions in forensic hospitals are frequently substandard, and individuals in these facilities are often subjected to abuse and/or extreme deprivation. Hence, these individuals also are in desperate need of the protections of Title II and Section 504.

Would you like to add your name to this NAMI mail listing? Please send your request via e-mail to listserv@nami.apollonian.com. In the body of the email, place the following: subscribe nami-e-news YOUR NAME.

If you are interested in contacting Senator Thurmond's office regarding this issue, Gary Malphrus is the Senator's point man on this issue. His direct number is (202) 224-4135. The fax number for Senator Thurmond's office is (202) 224-1300.