Jailing People With Mental Illness While Awaiting Commitment Hearings

In some states, people with mental illness subject to emergency holds can be detained in jails while awaiting court hearings. Jailed patients may not receive proper monitoring or treatment and are vulnerable to abuse by other inmates and staff. Incentives for jail use include low cost and ease of access compared with transport to a mental health facility. Courts have found use of jails to violate patients' constitutional rights, and several states have moved to eliminate or reduce such use. Mississippi, which appears to have relied on jails more than any other state, illustrates the problems with this practice.