There are some areas that I think CO has made a lot of progress in such as the Crisis Centers.
AND we need housing and an adequate supply of intensive services if necessary in the community so that people aren't in crisis/incarcerated.
The Agreement included in its target population for housing and community services people with "serious & persistent mental illness" who were being released from jails and prisons.
With respect to an actual "Case" -- our target population has been limited to adults with "mental illness" who could qualify for CO Medicaid Home and Community Based Services (HCBS).
DOJ has said that the Agreement is the Template.
2010 DOJ Delaware Findings Letter --- State has to bring to Scale to meet the need for housing and Assertive Community Treatment -- No fundamental Alteration Defense under Olmstead.
So using what would appear to be extremely powerful MI Olmstead documents we are going to proceed with DOJ and see what we can accomplish with the Legislature.
Those who follow DOJ Olmstead cases may have noticed that the most recent one was actually a private cause of action involving two large national law firms.
While we would love to find some grown-up professionals within the State to negotiate with, or hear back from DOJ in a timely manner, or have the Legislature solve this for us, that may not happen or it may not happen enough.
As far as I'm concerned this is a fantastic case & the documents mentioned in the title of this blog put it over the moon.
Criminal Justice is a Human Rights Nightmare in this country, not least of which because we are using our jails and prisons as our largest mental institutes. Olmstead can and should get at this -- the 2010 DOJ/Georgia Settlement Agreement did, and we think those services in the community can be targeted even further to prevent incarceration.