“They call it kintsugi. The pot is shattered, then carefully reassembled with a resin mixed with gold."

– David Wong

MENTAL HEALTH

Mental health refers to a person’s emotional, psychological, and social well-being. It involves the individual’s ability to handle stress, relate to others, and make choices. Mental health is important at every stage of life, from childhood and adolescence through adulthood. The intersection of mental health and the criminal justice system is a complex and multifaceted issue. People with mental health conditions may come into contact with the criminal justice system in various ways.

Maintaining good mental health involves taking care of oneself both physically and emotionally, seeking support when needed, and adopting healthy coping mechanisms. Efforts to address mental health within the criminal justice system require collaboration between mental health professionals, law enforcement, policymakers, and community organisations. A comprehensive approach that combines prevention, early intervention, diversion, and ongoing support is essential to improve outcomes for individuals with mental health conditions and reduce their involvement in the criminal justice system.

core questions

01.
How can we reduce the number of people with mental health issues in prisons?
02.
If over one-third of people in prison suffer from mental health issues, should (more) mental health issues be decriminalized?
03.
What are interesting criminal justice policies in European countries for people with mental health issues?
Mental health involves the individual's ability to handle stress, relate to others, and make choices. Mental health is important at every stage of life, from childhood and adolescence through adulthood. People with mental health conditions may come into contact with the criminal justice system in various ways.

MENTAL HEALTH

Mental health refers to a person's emotional, psychological, and social well-being. It involves the individual's ability to handle stress, relate to others, and make choices. Mental health is important at every stage of life, from childhood and adolescence through adulthood. The intersection of mental health and the criminal justice system is a complex and multifaceted issue. People with mental health conditions may come into contact with the criminal justice system in various ways,

Maintaining good mental health involves taking care of oneself both physically and emotionally, seeking support when needed, and adopting healthy coping mechanisms. Efforts to address mental health within the criminal justice system require collaboration between mental health professionals, law enforcement, policymakers, and community organisations. A comprehensive approach that combines prevention, early intervention, diversion, and ongoing support is essential to improve outcomes for individuals with mental health conditions and reduce their involvement in the criminal justice system.

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core questions

01.
How can we reduce the number of people with mental health issues in prisons?
02.
If over one-third of people in prison suffer from mental health issues, should (more) mental health issues be decriminalized?
03.
What are interesting criminal justice policies in European countries for people with mental health issues?
Important note 6.

The ERDH shall only apply to adults whose state of mental health is compatible with staying in a detention house. People who live with severe mental illness shall neither be incarcerated in prisons nor in detention houses.

PART II. INDIVIDUAL
Human dignity and identity
Art. 2

Health and Well-Being

  1. The health and well-being of incarcerated persons shall be safeguarded through active collaboration with health care services in the local community of the detention house.
  2. On reception, all individuals shall be assessed by a healthcare professional to identify their physical and mental health needs, and ensure continuity of care with the support of the local community.
  3. Individuals shall be provided with differentiated treatment appropriate to their physical and mental health condition, paying special attention to particularly vulnerable situations such as of young adults, elderly people and people with disabilities, physical or mental illness.
  4. Mental health care, such as therapy or counselling, shall be available as a general healthcare routine as opposed to only for specific or severe problems. Special attention shall be given to gender issues and its effects on mental health and feelings of safety.
  5. All individuals affected by liberty deprivation have the right to feeling safe. To this end, security measures shall be complemented and balanced with care and support.
PART III. FACILITY
Architectural environment
Art. 28

Fresh air, daylight and greenspace

  1. Detention houses shall allow for unobstructed windows and a continuous flow of fresh air and natural daylight, contributing to the well-being and mental health of incarcerated people and staff in the detention house.
  2. Detention houses shall be brightened up with colors, textures and patterns to create a more lively, warm environment that the brain will understand as cognitive, emotional and social stimuli.
  3. Greenspace shall be an essential part of the detention house, both within the house, through the addition of plants, as in its surrounding, in the form of a garden or a shared greenspace available in the local community. Residents shall be able to enjoy the greenspace, contributing to their physical and mental well-being.
  4. Time outdoors and activities such as gardening shall be encouraged.
PART III. FACILITY
Time and time-use
Art. 51

Process of placement

  1. No person shall be admitted to or held in a detention house without a valid commitment order, in accordance with national law.
  2. At admission the following details shall be recorded immediately concerning each person in detention:
      a. information concerning the identity of the person in detention;
      b. the reasons for commitment and the authority for it;
      c. the day and hour of admission;
      d. an inventory of the personal property of the person in detention that is to be held in;
      e. any visible injuries and complaints about prior ill-treatment;
      f. subject to the requirements of medical confidentiality, any information about the person’s health that is relevant to the physical and mental well-being of the person in detention or others;
      g. if the person has children and how the relationship is with their children;
      h. social situation of the person; and
      i. which future goals the person has and ways to achieve these goals.
  3. At admission all persons shall be given information about their stay in the detention house.
  4. The risk assessment process shall be clearly explained and integrated into the program. Persons shall be aware that it is a standard part of their program and this shall be contractually defined.
  5. Immediately after admission notification of the detention of the person shall be given to closest family or friends.
  6. Any available information about the social situation of the person in detention shall be evaluated together with the person itself, family, friends and other professionals previously involved in the life of the person in detention in order to deal with the immediate personal and welfare needs.
  7. Allocation and accommodation
      1. Individuals shall be allocated to detention houses within 50 kilometers of their last residence or city where people will integrate into the community. When decided to not reintegrate in the former social environment, it is possible to allocate, in mutual agreement, the person within 50 kilometers of the future residence.
      2. Whenever appropriate, allocation of a person to a specific detention house shall be communicated to people involved (victims, family members) in the crime for which the person has been convicted or charged with.
      3. As far as possible, people in detention shall be allocated to the detention house that most closely meets their needs. During their detention, people in detention will move from house to house according to their process and security needs.
      4. Every transfer to another detention house will be communicated with the victims, family and other relatives.
      5. A place in a certain detention house can be refused at any time by the management of the house, national institutions or the victims.
      6. The accommodation of a detention house shall be as homely as possible in regards to normalisation.

THE EUROPEAN RULES ON DETENTION HOUSES​

The European Rules on Detention Houses (ERDH) is a milestone document for the criminal justice system and reflects the larger impact of this system on society. Drafted by representatives with different legal and cultural backgrounds from all regions of Europe, the ERDH were launched on October 31st as common standards to implement small-scale, differentiated and community-integrated detention houses in the European Union, as part of a pivotal change already happening in criminal justice systems across Europe. The ERDH set out the ecosystem of a detention house on its own and as part of, and within a community and society, emphasizing sustainability. As the European Prison Rules have been common standards for large-scale prison institutions, the European Rules on Detention Houses shall form essential standards for detention houses, in order to guarantee a way of liberty deprivation that is humane and more fit for the 21stcentury.

European Rules on Detention Houses [ERDH]

THE EUROPEAN RULES ON DETENTION HOUSES​​

The European Rules on Detention Houses (ERDH) is a milestone document for the criminal justice system and reflects the larger impact of this system on society. Drafted by representatives with different legal and cultural backgrounds from all regions of Europe, the ERDH were launched on October 31st as common standards to implement small-scale, differentiated and community-integrated detention houses in the European Union, as part of a pivotal change already happening in criminal justice systems across Europe. The ERDH set out the ecosystem of a detention house on its own and as part of, and within a community and society, emphasizing sustainability. As the European Prison Rules have been common standards for large-scale prison institutions, the European Rules on Detention Houses shall form essential standards for detention houses, in order to guarantee a way of liberty deprivation that is humane and more fit for the 21stcentury.

Important note 6.

The ERDH shall only apply to adults whose state of mental health is compatible with staying in a detention house. People who live with severe mental illness shall neither be incarcerated in prisons nor in detention houses.

PART II. INDIVIDUAL
Human dignity and identity
Art. 2

Health and Well-Being

  1. The health and well-being of incarcerated persons shall be safeguarded through active collaboration with health care services in the local community of the detention house.
  2. On reception, all individuals shall be assessed by a healthcare professional to identify their physical and mental health needs, and ensure continuity of care with the support of the local community.
  3. Individuals shall be provided with differentiated treatment appropriate to their physical and mental health condition, paying special attention to particularly vulnerable situations such as of young adults, elderly people and people with disabilities, physical or mental illness.
  4. Mental health care, such as therapy or counselling, shall be available as a general healthcare routine as opposed to only for specific or severe problems. Special attention shall be given to gender issues and its effects on mental health and feelings of safety.
  5. All individuals affected by liberty deprivation have the right to feeling safe. To this end, security measures shall be complemented and balanced with care and support.
PART III. FACILITY
Architectural environment
Art. 28

Fresh air, daylight and greenspace

  1. Detention houses shall allow for unobstructed windows and a continuous flow of fresh air and natural daylight, contributing to the well-being and mental health of incarcerated people and staff in the detention house.
  2. Detention houses shall be brightened up with colors, textures and patterns to create a more lively, warm environment that the brain will understand as cognitive, emotional and social stimuli.
  3. Greenspace shall be an essential part of the detention house, both within the house, through the addition of plants, as in its surrounding, in the form of a garden or a shared greenspace available in the local community. Residents shall be able to enjoy the greenspace, contributing to their physical and mental well-being.
  4. Time outdoors and activities such as gardening shall be encouraged.
PART III. FACILITY
Time and time-use
Art. 51

Process of placement

  1. No person shall be admitted to or held in a detention house without a valid commitment order, in accordance with national law.
  2. At admission the following details shall be recorded immediately concerning each person in detention:
      a. information concerning the identity of the person in detention;
      b. the reasons for commitment and the authority for it;
      c. the day and hour of admission;
      d. an inventory of the personal property of the person in detention that is to be held in;
      e. any visible injuries and complaints about prior ill-treatment;
      f. subject to the requirements of medical confidentiality, any information about the person’s health that is relevant to the physical and mental well-being of the person in detention or others;
      g. if the person has children and how the relationship is with their children;
      h. social situation of the person; and
      i. which future goals the person has and ways to achieve these goals.
  3. At admission all persons shall be given information about their stay in the detention house.
  4. The risk assessment process shall be clearly explained and integrated into the program. Persons shall be aware that it is a standard part of their program and this shall be contractually defined.
  5. Immediately after admission notification of the detention of the person shall be given to closest family or friends.
  6. Any available information about the social situation of the person in detention shall be evaluated together with the person itself, family, friends and other professionals previously involved in the life of the person in detention in order to deal with the immediate personal and welfare needs.
  7. Allocation and accommodation
      1. Individuals shall be allocated to detention houses within 50 kilometers of their last residence or city where people will integrate into the community. When decided to not reintegrate in the former social environment, it is possible to allocate, in mutual agreement, the person within 50 kilometers of the future residence.
      2. Whenever appropriate, allocation of a person to a specific detention house shall be communicated to people involved (victims, family members) in the crime for which the person has been convicted or charged with.
      3. As far as possible, people in detention shall be allocated to the detention house that most closely meets their needs. During their detention, people in detention will move from house to house according to their process and security needs.
      4. Every transfer to another detention house will be communicated with the victims, family and other relatives.
      5. A place in a certain detention house can be refused at any time by the management of the house, national institutions or the victims.
      6. The accommodation of a detention house shall be as homely as possible in regards to normalisation.
EUROPEAN RULES ON DETENTION HOUSES [ERDH]

European organisations

Publications
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2
3
4
5
6

Publications

One-third of people in prison in Europe suffer from mental health disorders
One-third of people in prison in Europe suffer from mental health disorders
PRI: Mental health in prison: A short guide for prison staff
PRI: Mental health in prison: A short guide for prison staff
CJP Summer Course on Mental Health Issues in Criminal Justice (2023)
CJP Summer Course on Mental Health Issues in Criminal Justice (2023)
Improving interorganisational collaboration between the mental health and criminal justice systems
Improving interorganisational collaboration between the mental health and criminal justice systems
Prisons and probation: a Council of Europe WhitePaper regarding persons with mental health disorders
Prisons and probation: a Council of Europe WhitePaper regarding persons with mental health disorders
Rethink mental health: invest in and design better systems for a more resilient European Region
Rethink mental health: invest in and design better systems for a more resilient European Region

The Mishandling of Mental Health in Prison | UNHEARD

Activist, mental health advocate and executive director of Incarcerated Nation Network (INC), Mr. Five Mualimm-ak lives with schizophrenia and bipolar disorder. He was incarcerated across city jails, county facilities and upstate, serving a total of 12 years, including time in solitary confinement. During an interview for theGrio’s new series, UNHEARD, Mr. Five opens up about his time incarcerated and the treatment of people in prison and jails with mental health.

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Co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Commission. Neither the European Union nor the European Commission can be held responsible for them.

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