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Policy Statements

NOFAS Urges Rep. Strickland to Have the House Support the Senate-passed Version of the Mentally Ill Offender Crime Reduction and Treatment Act (S. 1194)

August 2, 2004

The Honorable Representative Ted Strickland
336 Cannon House Office Building
Washington, D.C. 20515

Dear Representative Strickland:

As an organization committed to helping those with fetal alcohol spectrum disorders (FASD), the National Organization on Fetal Alcohol Syndrome (NOFAS) is pleased to support the Senate-passed version of the Mentally Ill Offender Crime Reduction and Treatment Act, S. 1194.

As you know, persons with mental illness and substance use disorders face tremendous challenges—challenges that become greater when they come into contact with the criminal justice system. Statistics reveal that approximately 16 percent of all adult inmates in our prisons and jails suffer from a serious mental illness. We also know that many inmates with mental illness do not receive the care and treatment they need.

People suffering from FASD experience various cognitive and physical disabilities that increase their likelihood of involvement in the juvenile and criminal justice systems. Like other individuals with mental illness and substance use disorders, they all too often enter into a "revolving door" of re-arrest and re-incarceration, with the lack of treatment for both disorders contributing to increased recidivism. S. 1194 seeks to address this problem by facilitating collaboration among criminal justice, mental health and substance abuse systems.

I applaud the Senate for considering, amending and passing S. 1194. NOFAS believes the Senate-passed version included changes to further increase collaboration between key agencies to better address the needs of inmates with mental illness and substance use disorders. In particular, the Senate-passed version of S.1194 requires grant applications to "describe the responsibilities of each participating agency, including how each agency will use grant resources to jointly ensure that the provision of mental health treatment services and qualified substance abuse services is coordinated, which includes consultation, collaboration and integrated services, where clinically appropriate." This language reflects the position of the National Association of State Alcohol and Drug Abuse Directors (NASADAD) and the National Association of State Mental Health Program Directors (NASMHPD) and is also consistent with the efforts of many state and local entities in reducing the negative outcomes associated with this issue.

In addition, we strongly support the inclusion of language in the Senate bill that would "ensure that there are substance abuse personnel available to respond appropriately to the treatment needs" of those with substance abuse problems or co-occurring mental health and substance abuse disorders. This language will help more inmates receive clinically appropriate care.

We look forward to seeing the Senate-passed version considered and passed by the House Judiciary Committee in the near future. Ultimately, we are eager to see the President sign this important bill into law.

Sincerely,

Thomas Donaldson
NOFAS President

Copyright 2001-2004 National Organization on Fetal Alcohol Syndrome