What is the right to treatment while in custody?

In California, detainees have the right to treatment while in custody. This right is protected by the Mental Health Services Act (MHSA), which requires that all detainees in the California jail system receive medically necessary mental health care. For individuals in custody who have a mental illness, the law requires that they receive appropriate assessment, treatment, and services. The right to treatment while in custody means that individuals have the right to access specialized mental health services in the correctional facilities. This includes services such as assessments, medication management, and treatment planning. The MHSA also includes a “no-refusal” policy, which states that no detainee should be refused access to mental health services based on their diagnosis. The MHSA also requires each detention facility to provide mental health staff and appropriate medical services. This includes providing counseling sessions for detainees in need of mental health services. Additionally, jail staff must be adequately trained in crisis identification and intervention, as well as cultural and language sensitivity. The right to treatment while in custody is an important part of the MHSA and is intended to ensure that individuals in custody receive the appropriate mental health care they need. By providing access to these services, this law ensures that individuals in custody are adequately cared for and protected, regardless of their mental health diagnosis.

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