Olmstead as a Tool for Decarceration

Authors

Sarah Kahn

Abstract

Olmstead v. L.C. ex rel. Zimring established that the Americans with Disabilities Act of 1990’s integrated-care mandate requires the government to make reasonable accommodations to protect the right of people with disabilities to live in the most integrated setting possible. In response, counties began releasing people from restrictive mental-health institutions but did not provide the necessary resources, such as supportive housing and outpatient care, to allow people to live successfully in their communities. As many people contending with disabilities were left homeless and the United States increased its reliance on incarceration, shuttered mental-health institutions gave way to jails and prisons. Olmstead litigation focused on decarceration could establish counties’ legal obligation to release eligible people from jails and prisons and to provide them with mental-health care in their communities.

Recommended Citation

Sarah Kahn, Olmstead as a Tool for Decarceration, 11 U.C. Irvine L. Rev. 1441 (2021).
Available at: https://scholarship.law.uci.edu/ucilr/vol11/iss5/10