Partner Henry Dlugacz Co-Authors Textbook on Mental Health Issues in Jails and Prisons
Partner Henry A. Dlugacz co-authors the book Mental Health Issues in Jails and Prisons: Cases and Materials.
The treatise, used in law schools around the country, covers, among other topics, the historical development of the constitutional right to health care and mental health care within institutions; the law of detainee status; issues surrounding the use of mental status defenses, and the role, in the criminal trial process, of the competency to stand trial determination and the insanity defense; mental status issues in sentencing and in disciplinary charges within prison; the special issues raised when the inmate is female, a juvenile, a person with mental retardation, or a person whose immigration status is in question; the right to treatment, with special attention paid to the development of the deliberate indifference standard and its application to mental health issues; and issues related to screening, treatment, access to care, and recordkeeping. The authors address the major relevant statutes, including Title II of the Americans with Disabilities Act, the Prison Litigation Reform Act, and the Civil Rights of Institutionalized Persons Act (CRIPA).