California promises better care for thousands of inmates as they leave prison

(Photo illustration by Los Angeles Times. Photo by Rich Pedroncelli/Associated Press)

California promises better care for thousands of inmates as they leave prison

California politics

Don Thompson | KFF Health News

June 29, 2023

California has agreed to improve health care for newly released inmates who have disabilities, including through a series of measures that proponents say will help nearly anyone trying to make the transition from incarceration.

Lawyers representing inmates say proper care during transition from prison has long been lacking and can lead to homelessness. A recent study found that 1 in 5 Californians who are homeless come from an institution such as a jail or jail.

The state in June agreed to release inmates with a 60-day supply of their prescription drugs, an increase from the previous 30-day requirement, and pledged to replace lost medical equipment within the first month after an inmate was released from prison. Officials will also submit applications on their behalf for Medi-Cal, California’s version of Medicaid, at least 90 days before they are discharged.

The agreement will benefit at least 11,000 parolees who have physical, developmental or mental health disabilities, or nearly a third of the state’s 36,000 parolees, inmate attorneys estimated. But many of the amenities will help most inmates get released, even those without a qualifying disability.

The improvements should help close the revolving door between homelessness and incarceration, preventing far too many people with disabilities from paroling and reintegrating into the community, said attorney Ben Bien-Kahn, one of the chief negotiators on behalf of inmates.

California corrections officers declined to comment.

The June agreement is the latest to stem from a nearly 30-year-old class action lawsuit brought on behalf of inmates and parolees who have difficulty seeing or hearing or who have mobility, learning, mental or kidney problems. A federal judge ruled in 1996 that the state violated the Americans with Disabilities Act in its treatment of inmates and parolees.

Seven years ago, lawyers urged the state to better plan the release of inmates with disabilities. They sent a letter of inquiry to state officials two years ago that eventually led to the agreement to change the process of state parole for the disabled.

By moving to providing a 60-day supply of prescriptions, the state promises to double the amount of medication it previously provided to inmates upon release, which should be enough to cover parolees until their health coverage takes effect. the state prison’s medical system had made that change in February 2022, following previous negotiations with inmates’ lawyers, and it is now included in the parole policy.

The state agreed to release inmates with proper medical equipment, such as canes, wheelchairs and walkers, and promised to replace lost or damaged equipment free of charge in the first month.

And the state will generally require applications for Medi-Cal, Social Security and veterans’ benefits to be submitted at least 90 days before release, making delays less likely.

“Most people who are on parole and who they parole will ultimately benefit from this,” Bien-Kahn said.

About 95% of parolees qualify for Medi-Cal. According to a recent state report, about 17% of Medi-Cal applications and 70% of Social Security applications were still pending when inmates were released, leaving them at least temporarily without health insurance or income.

The transition from prison to parole is fraught with danger for all parolees, but especially those with disabilities, the lawyer’s letter said in a plea for better care.

It said, among other things, that a former inmate was released without his wheelchair, walker, and cane, and without help applying for his Social Security benefits or for Medi-Cal. He was at extreme risk of becoming homeless after having to wait several months after his release for coverage to receive inpatient care for a neurological condition.

And Bien-Kahn said in an email that lawyers only learned in June of a paraplegic with disability-related incontinence who was left homeless after being released without any planning after more than four decades in prison.

Lawyers said both men had been told that suitable temporary housing was not available to them, another area covered by the agreement. The summons cited a study that showed that ex-offenders are almost immediately at risk of failure due to homelessness or marginal housing.

To help resolve that, officials agreed to assess each parole’s disability, medical and mental health needs, information that will be used to place them in temporary housing and provide services in the community. And government-funded transitional housing programs will be barred from denying parole because of disability.

This article was produced by

KFF Health News

formerly known as Kaiser Health News (KHN), a national news agency producing in-depth journalism on health issues.

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