Ensure immediate hospitalization for mentally ill detainees

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The Issue

It is a shame that our country strove to put in place laws that protect the right of our disabled loved ones from being discriminated against and denied the  services that everyone else gets automatically! I am talking about medical treatment, the right to live in their communities free from bias and being ostracized,  protection from violence inflicted by persons who are quick to  judge the mentally  ill, and from abuse inflicted by those who are meant to protect them. Persons with mental illness  are not a throw away population. They are not scapegoats and just because their illnesses are not understood, doesn't mean that they don't deserve love and help.  No one knows the suffering and the struggles experienced by family caregivers who are trying to protect their loved ones because no one else will. No one knows the suffering the mentally ill are being subjected to daily. When experiencing a moment of lucidity, the mentally ill become aware about what they have lost or what they have never received.  They become aware of those who love them and those who hate them. They become hopeless and realize that they don't want to live this way. For this reason many choose to take their own lives. Imagine if you can how parents feel seeing their child going through all of this suffering? Imagine how we feel when we are exhausted because we received silence or "NO" when we are reaching out for help because we want our children to live? You can't! You don't know about all of the good persons who subcomb to the illness and the demands the illness places on caregivers or elderly parents. How many times do we need to cry out for help? The situation doesn't change on its own. It doesn't go away! All we are asking for is the right to give our love ones a chance to live, a chance to be with their families, a chance to have friends, and a chance to be loved! Recently I was told to reach out to my policy makers continuously to request for help. Why do I or anyone affected by mental illness have to keep asking or reminding our policymakers about the needs of persons with mental illness? That is tantamount to making us BEG! The needs and the neglect is already blatant! Please do not put this request in a file and ignore it. The need is ongoing! When you take away medical insurance and assistance not only do the needs persists but you are also condemning our loved ones to death!

My son waited in jail for two months after a judge ordered his transfer to a mental health hospital. During this time, his mental state severely deteriorated.  My son became the victim of abuse and a gang type beating by three jail guards. He continued to be beaten by one of those guards up until the time he was transferred to a NYS Office of Mental Health hospital for treatment and stabilization. That guard subjected my son to lewd remarks and gestures using his baton when referring to me. I reached out to NYS policymakers and provided this information. I heard back from ONE Assembly Woman  and was told that she had an interest in the abuse and neglect that my son was experiencing. I did not hear back from the Governor or the Attorney General, nor from my Senator or Congressman! Did you throw my letters away? Have you forgotten about the ordeal my son has gone through? Is my suffering not important to you? Do I have to BEG for help?My son is not a Criminal! His illness is Not a Criminal Offense so why do some judges treat it as such in New York State? Unfortunately, he is one of many who are suffering from the systemic neglect and lack of timely action.  This is a National crisis!  When I mentioned that our country fought for laws that provide protection for our disabled, those laws that were enacted by Congress are under attack! This country now has a US Department of Justice who seem inexperienced  with the fundamental provisions of the Americans with Disabilities Act  under Title II and under Section 504 of the Rehabilitation Act.  They have claimed that because a jail and the agency which supervises that jail, doesn't receive federal funding, the US-DOJ can't address abuse inflicted to detainees by the guards. The Law doesn't say that! In my case that jail and agency does receive federal funds! However, that is not a criteria for protecting the disabled from ABUSE! 

Our policymakers have a legal responsibility to protect our disabled from abuse and other neglect! If they don't  then they are accepting that the violence against our vulnerable loved ones is okay. Is it okay really?

 It is critical that we address this issue to prevent further suffering and to aid in the recovery of mentally ill detainees who are inappropriately being held in jail because our country has failed to provide proper care and hospitals meant to provide the required long-term treatment!

Incarcerated individuals who have been deemed incompetent to stand trial due to mental illness are often left in limbo, waiting for much-needed treatment in overcrowded jail settings that are ill-equipped to address their mental health needs. While Federal and statutory laws protect these individuals against discrimination, enforcing these protections is insufficient, as the prolonged wait for hospitalization and treatment can lead to irreversible damage, like traumatic brain injury or even death.

According to a report by the Treatment Advocacy Center, nearly 20% of jail and prison inmates are estimated to have a serious mental illness. Jails are not suitable environments for mental health care, and prolonged stays without appropriate intervention only exacerbate their conditions. The law mandates prompt and adequate medical care, yet delays in transfers to mental health facilities remain widespread due to bureaucratic hurdles and a lack of resources. This is not only a violation of their rights but a tragic failing that must be urgently addressed.

We implore the US Department of Justice, Civil Rights Division to take definitive action. We call for the immediate prioritization of inpatient hospitalization for incarcerated individuals who are waiting for court-ordered mental health treatment. This includes increasing funding for mental health facilities, improving coordination between jails, courts, and medical institutions, and establishing a clear, rapid protocol for evaluating and transferring these detainees to appropriate care settings. We also need charges in the HIPPA Consent Laws that are being misused to gaslight the requests of family caregivers who only want medical treatment and care for their loved ones!

Sign this petition to help protect the lives and rights of our loved ones. We must work together to ensure timely and humane treatment for our most vulnerable citizens. Let our voices be heard, and let's drive change where it is most desperately needed. This petition has been initiated by individuals who are members and concerned parents who are dealing with loved ones with Schizophrenia, Schizoaffective Disorder, and Bi-polar Schizoaffective illness.  The petition does not save any political affiliation.

avatar of the starter
Evelyn SalasPetition StarterI am the mother of a son with schizophrenia who is concerned with the decompensation that our loved ones face because of a lack of treatment while waiting in jail for a hospital bed. Our loved one are not criminals. They deserve treatment not cages.

The Decision Makers

Kathy Hochul
New York Governor
James Tedisco
New York State Senate - District 44
Gabriella Romero
New York State Assembly - District 109

Supporter Voices

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