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NCJ Number: NCJ 155061     Find in a Library
Title: Americans With Disabilities Act and Criminal Justice: Mental Disabilities and Corrections
Series: NIJ Research in Action
Author(s): P N Rubin ; S W McCampbell
Date Published: 1995
Page Count: 7
Sponsoring Agency: National Institute of Justice
US Department of Justice
Office of Justice Programs
United States of America

US Dept of Justice NIJ Pub
United States of America
Grant Number: 92-IJ-CX-0009
Sale Source: National Institute of Justice/NCJRS
Box 6000
Rockville, MD 20849
United States of America

National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
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United States of America

NCJRS Photocopy Services
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Document: Text PDF 
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
Annotation: This paper, the sixth in a series on the Americans With Disabilities Act (ADA), examines how correctional facilities must deliver programs, services, and activities to inmates, job applicants, and employees with mental disabilities.
Abstract: Under the ADA, corrections facilities must do more than identify mentally disabled inmates and employees. They must also provide mental health screening, evaluation, and treatment. According to the ADA, a mental disability is any developmental or psychological disorder, such as retardation, organic brain syndrome, emotional illness, or specific learning disability. Title II of the ADA governs how correctional facilities are to make their programs accessible. Program access is not required when it poses a direct threat to the health or safety of others. Inappropriate policies and procedures that eliminate inmates from programs and services on the basis of a disability can be avoided by clearly defining the eligibility for program participation, by tying eligibility criteria to actual program needs, and by ensuring that the screening process is applied objectively. Under Title I of the ADA, it is illegal to deny equal employment opportunities to qualified individuals with disabilities on the basis of the disability. Many approaches to accommodating the needs of inmates with mental disabilities are valid. These include specialized housing units to hold inmates who pose a direct threat to the health and safety of others, treatment for inmates housed in regular housing units, and diversion of inmates to other institutions and services. Each approach, however, must not exclude eligible inmates with mental disabilities from programs and services available to the rest of the inmate population. 9 notes and a list of 6 related NIJ publications
Main Term(s): Criminology
Index Term(s): Persons with cognitive disabilities ; Corrections policies ; Americans with Disabilities Act (ADA)
Note: From the National Institute of Justice Research in Action, September 1995.
   
  To cite this abstract, use the following link:
https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=155061

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