[Draft] Medical Care for the Incarcerated

[Jedinsto]

I’ve decided to move forward with this draft despite the failure of Psychiatric Care Act, which I may pursue again in the future if circumstances change or if I decide to do a full redraft.

The World Assembly,

Appreciative of prior efforts to improve medical rights and other civil rights for prisoners such as GA#161, and

Wishing to expand upon these efforts,

Hereby enacts the following:

1. Regarding the Criminally Insane:
   
   1. If a person has been charged with a crime, and that person’s representation is able to prove that the individual charged (whether they actually committed the offense charged or not) has a debilitating and severe mental illness or disability, and would lack the ability to understand the potentially wrongful nature of their actions due to the illness, that person shall not be held criminally responsible for the action in question. Such a person for the purposes of this resolution shall be considered “criminally insane.”
   2. A criminally insane person may be suggested mental health treatment, but shall only be forced into treatment upon refusal if that person has been determined by a competent medical professional to pose a direct threat to themselves or others as a result of the mental illness in question.
   3. Criminally insane people shall not be treated as prisoners, rather as free members of society or as patients, and shall enjoy the same rights as if they were acquitted for any other reason than insanity. Exceptions to this can be made where it is necessary to restrict an insane person’s ability to do certain things (including but not limited to owning weapons or operating vehicles) in order to maintain the safety of others and of that person as a result of their illness.
2. Regarding the Incarcerated:
   
   1. For the purposes of this resolution, “incarceration” shall mean the detainment of a person on the basis of either suspecting that person of a crime or that person being convicted of a crime, “facility” shall mean any establishment which holds incarcerated people, and “inmate” shall mean incarcerated people being held in those facilities.
   2. No person shall be denied access to medical care of any kind due to being incarcerated or previously incarcerated.
   3. Incarcerated people forcibly confined in any facility must have access to professional medical evaluations from time to time.
   4. Areas within facilities that house inmates must have equipment available to alert medical staff in case of an emergency.
   5. Medical professionals inside facilities shall be held to a minimum of the same standard of training for the same or similar jobs as medical professionals outside the facilities.

The World Assembly,

Recognizing that it has yet to speak on the rights of incarcerated people to seek appropriate medical treatment,

Holding medical treatment to be a basic human right which all should enjoy,

Hereby enacts the following:

1. Regarding the Criminally Insane:
   
   1. If a person has been charged with a crime, and that person’s representation is able to prove that the individual charged did in fact commit the act in question but only as a result of a debilitating and severe mental illness or disability, and without the ability to understand the wrongful nature of their actions due to the illness, that person shall not be held criminally or civilly liable for the action in question. Such a person for the purposes of this resolution shall be considered “criminally insane.”
   2. Upon the thorough assessment of a mental health professional certified in the understanding of psychiatry, a criminally insane person may be required to undergo psychiatric treatment for the illness that caused them to commit a crime. Confinement may only be required if the aforementioned professional is able to undoubtedly determine that the criminally insane person poses a substantial threat of bodily harm to themselves or other people as a result of their mental illness which can only be rectified by confinement.
   3. Criminally insane people who are subjected to confinement for psychiatric treatment against their will shall have the right to a re-evaluation every 30 days (at most) of their mental state by a professional certified in the field of psychiatry, and shall not be held against their will for treatment if the material in clause II no longer applies upon re-evaluation.
   4. Criminally insane people shall not be treated as inmates, rather as free members of society and shall enjoy the same rights as if they were acquitted for any other reason than insanity.
2. Regarding the Incarcerated:
   
   1. For the purposes of this resolution, “incarceration” shall mean the detainment of a person on the basis of either suspecting that person of a crime or that person being convicted of a crime, “facility” shall mean any establishment which incarcerated people are housed on a long-term basis, and “inmate” shall mean incarcerated people being held in those facilities.
   2. No person shall be denied access to medical care of any kind due to being incarcerated or previously incarcerated.
   3. It shall be the responsibility of whichever entity has custody over an incarcerated individual to monitor and ensure that person’s health.
   4. All medical emergencies faced by incarcerated people shall be handled swiftly and diligently.
   5. Incarcerated people forcibly confined in any facility must have access to professional medical evaluations from time to time.
   6. All facilities must be properly equipped with medical staff and resources around the clock to ensure life-saving first aid can be provided to inmates in need.
   7. If a facility is not properly equipped to provide specific, long-term treatment to an inmate, member states must arrange for that inmate to be provided that care as soon as possible whether within the facility or outside.
   8. Areas within facilities that house inmates must have equipment available to alert medical staff in case of an emergency.
   9. Medical professionals inside facilities shall be held to the same standard of training for the same or similar jobs as medical professionals outside the facilities.

[Bananaistan]

"Opposed. Just letting the criminally insane off the hook and go about their business with the option of voluntarily refusing treatment is criminally insane.

"Also, section 2V and VI mean that police can no longer arrest and detain suspects for questioning unless the local police station doubles as a 24 hour hospital casualty."

[Peocolovistan]

I had a similar version of this draft I was preparing but decided to revamp and post it today. This builds nicely off Psychiatric Care Act and will hopefully be a good next step.

If there is some kind of duplication or contradiction I missed, please excuse my ignorance as there are a lot of healthcare resolutions and I’m not an expert in them by any stretch of the imagination.

The World Assembly,

Recognizing that it has yet to speak on the rights of incarcerated people to seek appropriate medical treatment,

Holding medical treatment to be a basic human right which all should enjoy,

Hereby enacts the following:

1. Regarding the Criminally Insane:
   
   1. If a person has been charged with a crime, and that person’s representation is able to prove that the individual charged did in fact commit the act in question but only as a result of a debilitating and severe mental illness or disability, and without the ability to understand the wrongful nature of their actions due to the illness, that person shall not be held criminally or civilly liable for the action in question. Such a person for the purposes of this resolution shall be considered “criminally insane.”
   2. A criminally insane person may be suggested mental health treatment, but shall only be forced into treatment upon refusal if that person has been determined by a competent medical professional to pose a direct threat to themselves or others as a result of the mental illness in question.
   3. Criminally insane people shall not be treated as inmates, rather as free members of society and shall enjoy the same rights as if they were acquitted for any other reason than insanity.
2. Regarding the Incarcerated:
   
   1. For the purposes of this resolution, “incarceration” shall mean the detainment of a person on the basis of either suspecting that person of a crime or that person being convicted of a crime, “facility” shall mean any establishment which holds incarcerated people, and “inmate” shall mean incarcerated people being held in those facilities.
   2. No person shall be denied access to medical care of any kind due to being incarcerated or previously incarcerated.
   3. It shall be the responsibility of whichever entity has custody over an incarcerated individual to monitor and ensure that person’s health.
   4. All medical emergencies faced by incarcerated people shall be handled swiftly and diligently.
   5. Incarcerated people forcibly confined in any facility must have access to professional medical evaluations from time to time.
   6. All facilities must be properly equipped with medical staff and resources around the clock to ensure life-saving first aid can be provided to inmates in need.
   7. If a facility is not properly equipped to provide specific, long-term treatment to an inmate, member states must arrange for that inmate to be provided that care as soon as possible whether within the facility or outside.
   8. Areas within facilities that house inmates must have equipment available to alert medical staff in case of an emergency.
   9. Medical professionals inside facilities shall be held to the same standard of training for the same or similar jobs as medical professionals outside the facilities.

I oppose this proposal.

As Bananaistan has mentioned, 2V and VI completely void the functionality of the police force's ability to question people.
I suggest you change the 1 clause in 2V to the following.

V: Prisoners must have access to medical supplies before or afterthe interrogation is finalized. Checkups must be in accord of the nation's laws.

[The Overmind]

Just remove the exemptions for prisoners from your current proposal instead of trying to patch it with this.

[Jedinsto]

Just remove the exemptions for prisoners from your current proposal instead of trying to patch it with this.

OOC: This isn’t a patch for that exemption, this is an entirely different concept that doesn’t even mention any of the things prisoners were exempted from in the other proposal.

IC: “Thank you to the Bananamen delegation for bringing your feedback, your concerns will be addressed by tomorrow. However I must mention the criminally insane are not meant to be “let off the hook,” rather they are to be treated rather than punished. I also see no scenario where someone could be considered criminally insane but not a danger to their self or others. Some wording changes may be in order for clarification.”

[Barfleur]

Just remove the exemptions for prisoners from your current proposal instead of trying to patch it with this.

OOC: This isn’t a patch for that exemption, this is an entirely different concept that doesn’t even mention any of the things prisoners were exempted from in the other proposal.

IC: “Thank you to the Bananamen delegation for bringing your feedback, your concerns will be addressed by tomorrow. However I must mention the criminally insane are not meant to be “let off the hook,” rather they are to be treated rather than punished. I also see no scenario where someone could be considered criminally insane but not a danger to their self or others. Some wording changes may be in order for clarification.”

“I can envision a scenario in which a person was under the influence of a mental defect or disease at the time of the crime, and was subsequently cured, or has subsequently begun a course of treatment that neutralizes the threat of future criminal activity. In that case no further coercive treatment may be necessary.”

[Jedinsto]

“We hope that the wording changes have made things more clear, along with the new definition of a facility to exclude relevant interrogations and transportation.”

[Jedinsto]

Bump.

[Simone Republic]

I feel that regular medical care (section 2) is already covered by GA161. The rest of the resolution I am also not keen as I think it's too loosely worded.

[Jedinsto]

In what ways do you think tightening the wording would be more effective?

[Jedinsto]

Bumping once again.

[Simone Republic]

At this point, it feels like that medical care for the incarcerated (GA161 plus this, if it passes) is better than outside prisons (GA94).

[Barfleur]

At this point, it feels like that medical care for the incarcerated (GA161 plus this, if it passes) is better than outside prisons (GA94).

"Eh, prisons tend to devolve into violence, easy spread of diseases, long waiting times, and a disinterested medical staff, so it makes sense for there to be more oversight in this regard. Not to mention that, while a civilized society has an interest in ensuring no one dies of an easily preventable illness or injury, this is especially the case when the state has taken away the person's liberty and effectively assumed total responsibility for their care. 'Custody' has two meanings, you know..."

[Lumiere du Premier]

If they didn't commit a crime due to being mentally ill, why are they regarded as ''criminally insane''? Wouldn't the term ''legally insane'' be a much better fit?

[Simone Republic]

At this point, it feels like that medical care for the incarcerated (GA161 plus this, if it passes) is better than outside prisons (GA94).

"Eh, prisons tend to devolve into violence, easy spread of diseases, long waiting times, and a disinterested medical staff, so it makes sense for there to be more oversight in this regard. Not to mention that, while a civilized society has an interest in ensuring no one dies of an easily preventable illness or injury, this is especially the case when the state has taken away the person's liberty and effectively assumed total responsibility for their care. 'Custody' has two meanings, you know..."

(IC).

"This creates the perverse incentive for people to deliberately go to prison for better health care than outside, assuming that a WA state only does the absolute minimum necessary under GA94."

(OOC).

As is the case in Japan, given Japan's (semi) employer-based health care and pensions system.

https://www.businessinsider.com/japan-a ... son-2018-3
https://www.bbc.com/news/stories-47033704

[Jedinsto]

At this point, it feels like that medical care for the incarcerated (GA161 plus this, if it passes) is better than outside prisons (GA94).

"Eh, prisons tend to devolve into violence, easy spread of diseases, long waiting times, and a disinterested medical staff, so it makes sense for there to be more oversight in this regard. Not to mention that, while a civilized society has an interest in ensuring no one dies of an easily preventable illness or injury, this is especially the case when the state has taken away the person's liberty and effectively assumed total responsibility for their care. 'Custody' has two meanings, you know..."

“This explains my position on the matter quite well. Further, if someone is in such a horrible state medically that going to prison becomes desirable, that is the fault of the member state’s healthcare system, not the fault of this proposal.”

If they didn't commit a crime due to being mentally ill, why are they regarded as ''criminally insane''? Wouldn't the term ''legally insane'' be a much better fit?

“You must misunderstand the text. The definition of criminally insane given here requires a mentally ill person to commit a crime because of their mental illness.”

OOC: Will be double-checking any potential illegal duplication of GA#161 before I move any further.

[The Ice States]

OOC: Will be double-checking any potential illegal duplication of GA#161 before I move any further.

Ooc: I don't see any contradiction; as to duplication the standard is that the majority of the whole proposal must be new, which seems to be met with Section 1. [1/6 of Gensec]

That said (with my Gensec hat off / speaking as a player), the bulk of Section 2 does seem unnecessary due to #161. I think it would be better to focus only on insanity and leave the rest to #161 (perhaps noting explicitly in the proposal that this area is covered by #161).

[Bananaistan]

At this point, it feels like that medical care for the incarcerated (GA161 plus this, if it passes) is better than outside prisons (GA94).

"Of course it is. Because you lot care only for the rights of scumbags and the honest, hardworking, law abiding proletariat is nothing but a cash cow to be milked for the latest IntFed brainwave to put murderers, kiddy fiddlers and war criminals up in the lap of luxury."

[Barfleur]

At this point, it feels like that medical care for the incarcerated (GA161 plus this, if it passes) is better than outside prisons (GA94).

"Of course it is. Because you lot care only for the rights of scumbags and the honest, hardworking, law abiding proletariat is nothing but a cash cow to be milked for the latest IntFed brainwave to put murderers, kiddy fiddlers and war criminals up in the lap of luxury."

"That is definitely a rousing argument. If I didn't know any better, comrade, I would be convinced that throwing people into the black hole of Daguo with minimal resources and no programming would reduce their likelihood of reoffending!"

[Jedinsto]

I have removed everything that seemed covered specifically by #161, but left everything that might not have been.

[Bananaistan]

"Of course it is. Because you lot care only for the rights of scumbags and the honest, hardworking, law abiding proletariat is nothing but a cash cow to be milked for the latest IntFed brainwave to put murderers, kiddy fiddlers and war criminals up in the lap of luxury."

"That is definitely a rousing argument. If I didn't know any better, comrade, I would be convinced that throwing people into the black hole of Daguo with minimal resources and no programming would reduce their likelihood of reoffending!"

"Bananamen statistics indicate that sentencing criminals to be thrown into the black hole of Daguo leads to 0% recidivism. A lifetime on horror on Monster Island (don't worry, it's just a name) works equally well."

[Jedinsto]

Bump

[Jedinsto]

Barring any content suggestions in the next few days I will be submitting.

[Jedinsto]

Updates made following conversation on discord.

[Comfed]

There is a contradiction between treating "criminally insane" people as "free members of society" and allowing forced treatment. I would instead use the word "patient" if you want to specify a difference from prisoners.