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​What does Olmstead mean in a Criminal Justice Context for people with Mental Illness, Traumatic Brain Injury, Developmental Disabilities, Etc?

 *Typically, it doesn't mean people get automatically released from jail or prison.

 * Some Dept of Justice Settlement Agreements have required states to provide housing and services to people with Mental Illness upon release from jails or prisons.  We think the reasoning for this would equally apply for people with other disabilities.

* If there are things that are happening or not happening that could make it less likely that the person could successfully return to community living that could be relevant.  We are arguing that Administrative Segregation in Colorado Jails is just such a factor.


See Also:

Val's Blog:  The 2010 DOJ/Georgia Olmstead Settlement Agreement
-- It was Supposed Be a Template for the Nation
-- It did Include Criminal Justice
-- What did It Require?
(A lot of that is actually on this page)

2010 DOJ/Geogia Olmstead Settlement Fact Sheet Involving DD & MI Populations
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  • The target population for the community services described in this Section (III.B) shall be approximately 9,000 individuals by July 1, 2015, with SPMI [Serious Persistent Mental Illness] who are currently being served in the State Hospitals, who are frequently readmitted to the State Hospitals, who are frequently seen in Emergency Rooms, who are chronically homeless, and/or who are being released from jails or prisons. 
 
  • ACT services shall be available 24 hours per day, 7 days per week. The number of individuals served by an ACT team shall be no more than 10 individuals per ACT team member. ACT teams shall be comprised of 7 to 10 team members, with at least one member being a peer specialist. 
 
  • Intensive Case Management (“ICM”) (A) ICM teams provide coordination of treatment and support services for individuals in the target population. Oversight of paraprofessionals delivering ICM is provided by a licensed mental health professional. ICM teams assist individuals with SPMI in accessing community resources. ICM teams will have a staff to client ration of 1 to 20 in rural areas and 1 to 30 in urban areas. 
 
  • By July 1, 2015, the State will have capacity to provide Supported Housing to any of the 9,000 persons in the target population who need such support. The Supported Housing required by this provision may be in the form of assistance from the Georgia Department of Community Affairs, the federal Department of Housing and Urban Development, and from any other governmental or private source. 
 
  • Supported Employment will be operated according to an evidence-based supported employment model, and it will be assessed by an established fidelity scale such as the scale included in the Substance Abuse and Mental Health Administration (“SAMHSA”) supported employment tool kit.