Get someone who is mentally ill out of jail?

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Get someone who is mentally ill out of jail?

My husband was put in jail and seems to be suffering from some kind of trauma PTSD whatever you want to call it. He cannot psychologically handle it and his mental state seems to be getting very bad. I feel that he may be bipolar. Is there anyway to get him out of jail based on this, before he snaps?

Asked on June 30, 2009 under Criminal Law, Nevada

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Probably not.  But you might be able to get the prison authorities to have him screened, if you have some recent and concrete evidence to talk about.  I'm assuming, from the way you worded the question, that he's never been diagnosed as mentally ill so far, which makes things more complicated.

The Eighth Amendment guarantee against cruel and unusual  punishment means that the prison has to provide your husband with adequate medical care, while he's in custody.  Adequate doesn't necessarily mean very good, unfortunately, and to a certain extent every inmate is experiencing stress, because the environment isn't designed to be pleasant, to say the least.


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