4. Developing a health-informed approach to penal reform
The prolonged exposure to
[overcrowded, unhealthy conditions]
is closely associated with the
establishment of complex trauma, or,
put differently, toxic stress. Indeed,
prolonged exposure to traumatic
circumstances can lead to a complex
post-traumatic stress disorder as a
result of continually having to be alert,
vigilant and on the defence. Continued
stress of this nature leads to a shift
in brain chemistry whereby cortisol is
elevated to an unhealthy level. This
renders detainees highly susceptible to
illness and disease on a physical level
as well as post-traumatic stress on a
psychological level.
Paragraph 25, affidavit of A Smit,
expert witness,
Sonke Gender Justice v. the
Government of South Africa, 2016)
manage some forms of mental illness. If a person has
intellectual disabilities, practical and tailored support can
be put in place to ensure that the associated risks are
managed.
For some people, prison may be the first time in their
lives that a mental health need is identified or support is
provided. Recent research suggests that time in prison
can produce improvements to mental health (for example
Dirkzwager, 2018). The ‘Prisons Project NL’ research team
led by Dirkzwager found that individuals who had mental
health or substance use problems before imprisonment
reported improvements in their symptoms and level of
mental health after the first few weeks in custody. Reasons
posited included that prisoners had often come from
situations of deprivation and disorder into a more stable
environment with access to healthcare. The decent and
humane prison conditions prevailing in most prisons in the
Netherlands may also be a factor.
Whether mental health improvement can occur in custody
will of course depend on the prison conditions and
environment and on the availability of care and treatment.
Below, we describe some approaches that can help prisons
to respond to mental health risks and needs and provide
environments that safeguard mental health.
Mental health screening in custody
As soon as practicable, qualified staff should carry out detailed assessments on each new prisoner to assess
his or her current mental health, inquire about the person’s prior mental health and any treatment history. This
should include checking for any substance use issues, intellectual disabilities, age-related cognitive impairments,
or other matters that could make the prisoner more vulnerable in custody. It is also important to monitor any
conditions identified and ensure staff share information effectively and obtain clinical assistance where needed
(World Health Organization, 2014).
Custody also provides an opportunity to screen for and treat conditions associated with traumatic brain injury
(TBI), which are common in criminally-involved populations but are often left undiagnosed (see section 2.2
above). The options include:
• making greater use of screening programmes (such as those discussed in Williams et al, 2018)
• providing treatment through neuro-rehabilitation techniques
• using forensic interventions to manage the cognitive and behavioural disorders caused by or
correlated with TBI
• raising awareness among relevant professionals coming into contact with people who may have
suffered TBI.
Prison staff and mental health awareness
Prison policies and the attitudes of prison staff are critical to protecting the mental wellbeing of prisoners, by
preventing mental health issues from developing or worsening and by improving the situation of prisoners with
mental illness. Conversely, negative and stigmatising attitudes by staff can mean that prisoners feel unable to
ask for help when they need it. Prisoners in England (where levels of suicide and self-harm have risen to an
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