Issue of mental illness must be addressed
Published 12:32 pm Monday, April 9, 2018
Like a 2,000-pound pink elephant sitting in a corner, the issue of mental health in the criminal justice system cannot be easily ignored. As funding for services decreases, the involvement of law enforcement and the courts in cases that would be better served by medical attention is increasing.
The National Alliance on Mental Illness estimates that about 20 percent of state prisoners and 21 percent of local jail prisoners have a recent history of a mental health condition. These conditions include serious mental illnesses such as schizophrenia, schizo-affective disorder, bipolar disorder, major depression and psychosis. The Treatment Advocacy Center estimates that people with mental illnesses are incarcerated at a rate that is 10 times the number of those admitted to state mental hospitals.
It is a sad reality that some non-violent offenders with mental health issues are in detention facilities where they may not have access to ongoing services. Despite the best efforts of family members and others, offenders with mental illnesses often have a hard time staying on track. For some, it may take the proper medication regime and regular visits to their provider. For others, more intense therapy and supervision is what is needed.
In most detention centers, these necessary services are not readily available. This often means that upon release from jail, the cycle is more likely to continue as they are re-arrested, often for the same or similar offenses. The burden is borne by taxpayers who have to foot the bill for the cost of housing and medication for lower-level offenders who may be suffering with chronic mental illness.
Without ongoing help and support, mentally ill defendants are more likely to be homeless, be substance abusers and eventually be back before the court for new criminal charges. It’s a rotation that can be frustrating since jails are ultimately designed for punishment and not long-term mental health treatment. The frustration is also real for the citizens who are repeatedly victimized by offenders who are not receiving the proper treatment.
Earlier this year, I was involved in a very promising conversation about the formation of a crisis intervention team that would intercept in situations where a mentally ill person would otherwise be headed to jail. Instead he or she would be redirected to the appropriate course of treatment.
This scenario works best when everyone — law enforcement, mental health providers, emergency service personnel and the courts — is properly trained and familiar with each agency’s role. In a community the size of Vicksburg, this is fairly easy to accomplish. Most local service providers have good working relationships with those in the legal system and work hard to make sure that citizens with mental illnesses are taken care of.
However, as our community continues to grow, there is a need to have uniform procedures in place. There have to be ways to distinguish between those who are in serious need of mental health intervention from those who may be feigning a crisis with the hopes of avoiding punishment.
Pending legislation seeks to expand a pilot mental health court program that was established by the Mississippi state legislature in 2017. The Rivers McGraw Mental Health Diversion Pilot Program Act was passed in response to the death of a 20-year-old University of Mississippi student who committed suicide in November 2016 after he was arrested for a third DUI offense. Proponents of the bill felt that if the student’s mental illness had been taken into account, he would have received the necessary treatment and still be alive.
If mental health courts become a reality for our state, a huge burden will be lifted from a criminal justice system that has had to delicately balance the treatment of mentally ill defendants with the need to protect and serve the public. The estimated $3 million price of implementing mental health courts statewide definitely outweighs the current costs that we all have to bear.
Toni Terrett is a municipal court judge in Warren County.