Research Guides: Health Law Research Guide: Prisoners' Health Issues

Cases

Brown v. Plata
563 U. S. ____ (May 23, 2011)

Laws and Regulations

U.S. Constitution - Eighth Amendment
Civil Rights of Institutionalized Persons Act
42 U.S.C. 1997 et. seq.

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Subchapter 1-A of Chapter 21 (Civil Rights), Title 42: Public Health and Welfare
Civil Action for Deprivation of Rights
42 U.S.C. 1983
The Mentally Ill Offender Treatment and Crime Reduction Act of 2004
42 U.S.C. 3797aa
NY Laws 2009, ch. 419: Authorizing and directing the DOH to review of certain policies and practices in facilities operated by the DOCS
NY Public Health Law §206
NY Laws 2009, ch. 411: An act to amend the correction law, in relation to pregnant female prisoners
NY Correction Law §611

ACLU Amicus Briefs

Reports and Articles

Barred from Treatment: Punishment of Drug Users in New York State Prisons
Human Rights Watch (2009)
Correctional Health Care: Addressing the Needs of Elderly, Chronically Ill, and Terminally Ill Inmates
National Institute of Corrections (2004)
Ethical Considerations for Research Involving Prisoners
(2007)
The Federal Bureau of Prison's Efforts to Manage Inmate Health Care (2008)
U.S. Department of Justice, Audit Division (2008)

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Evaluation of BOP efforts to cut the cost of health care services provided to inmates
Health and Prisoner Reentry: How Physical, Mental, and Substance Abuse Conditions Shape the Process of Reintegration (2008)
Urban Institute (Feburary 2008)

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Reporting that most former inmates face health problems while trying to make the already-difficult transition back into the community and returning prisoners with physical, mental, or substance abuse issues have more trouble than other ex-prisoners refraining from committing new crimes or staying out of prison, and many fare poorly in finding housing and employment.
Health Care in New York State Prisons
The Prison Visiting Committee off the Correctional Association of New York (2000)
The Health Status of Soon-to-be-Released Inmates: Report to Congress (2002)
National Institute of Justice (May 2002)
The Health Status of Soon-to-be-Released Inmates: Report to Congress
National Commission on Correctional Health Care (2002)
Healthcare in New York Prisons, 2004-2007
Correctional Association of New York (2009)
HIPAA’s Impact on Prisoners’ Rights to Healthcare
Alexander L. Bednar (January 2003)

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University of Houston’s Health Law and Policy Institute
HIV in Prisons
Bureau of Justice Statistics (2007-08), revised 2010

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Annual report on active AIDS and HIV-positive cases among prisoners in each state and the federal system, with data on AIDS-related deaths, women and men with AIDS, and comparisons to AIDS rates in the general population.
HIV Risks Associated with Incarceration among Injection Drug Users: Implications for Prison-Based Public Health Strategies
30 J Public Health 126 (2008)
Human Rights at Home Mental Illness in US Prisons and Jails
ACLU (2009)
Immigrant Deaths Expose Need For Systemic Overhaul
ACLU (2010)
Incarceration of the Terminally Ill: Current Practices in the United States
Volunteers of America (2001)
Issues in the Availability of Health Care for Women Prisoners
Tammy L. Anderson (2002)

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Female Prisoners in the United States: Programming Needs, Availability, and Efficacy, Susan Sharp, ed.
Making the Case for Health Interventions in Correctional Facilities
Theodore M. Hammett, 78 Journal of Urban Health: Bulletin of the New York Academy of Medicine 236 (2001)
Medical Problems of Prisoners
Bureau of Justice Statistics
Mental Health in the House of Corrections: A Study of Mental Health Care in New York State Prisons
Correctional Association of New York (2004)
Mental Health Problems of Prison and Jail Inmates (2006)
Bureau of Justice Statistics (2006)
Mental Health Treatment in State Prisons, 2000
Bureau of Justice Statistics
Patients, Prisoners, or People? Women Prisoners' Eperiences of Primary Care in Prison
Plugge E, Douglas N, Fitzpatrick R.
58 Br. J. Gen. Pract. 630 (2008)
Prison Health, Public Health: Obligations and Opportunities
John Jacobi (Seton Hall Public Law Research Paper, 2005)
Sex, Drugs, Prisons, and HIV
Susan Okie, 356 N. Engl. J. Med. 105 (Jan. 2007)
Telemedicine Can Reduce Correctional Health Care Costs: An Evaluation of a Prison Telemedicine Network
National Institute of Justice (March 1999)
United States: Sentenced to Sickness
Megan Comfort, Le Monde Diplomatique August 2003.

Guidelines

Standards for Health Services in Correctional Institutions, 3d ed. (American Public Health Association Task Force 2003) HV8843 .A46 2003

Standards for Health Services in Jails (National Commission on Correctional Health Care 2008) HV8843 .N38 2008

Standards for Health Services in Prisons, 5th ed. (National Commission on Correctional Health Care 2003) HV8833 .N38 2003

Charging Inmates a Fee for Health Care Services: Position Statement
National Commission on Correctional Health Care

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Adopted 1996, reviewed October 2005
Health in Prisons: A WHO Guide to the Essentials in Prison Health
World Health Organization (2007)

Agencies

Organizations

Academy of Correctional Health Professionals
American Correctional Health Services Association
Correctional Association of New York
It is an independent, non-profit organization founded by citizens in 1844 and granted a unique authority by the New York State Legislature to inspect prisons and to report its findings and recommendations to the legislature, the public and the press.

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Information on its programs (Juvenile Justice Project, Prison Visiting Project, Public Policy Project, Women in Prison Project), access to its publications (reports and factsheets), access to the CA Newsletter, and a news archive, organized according to the article's relevance to CA's four programs. Information on internships is available.
Criminal Justice Mental Health Consensus Project
Information about the Consensus Project Report and is organized into issue areas (law enforcement, courts, corrections, victims, other issues). Each issue area offers publications, media clips, research and document library, and local program examples. Also, contains an extensive database comprised of journal articles, policy reports, publications, program evaluations, information on current/pending legislation, and a database of criminal justice/mental health programs from around the country.
National Commission on Correctional Health Care (NCCHC)
American College of Correctional Physicians (ACCP)
Formerly the Society of Correctional Physicians (SCP)