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People with Serious Mental Illnesses in Jail and Prison

Their Stories offenses.
People with mental illnesses often come 4
into contact with the criminal justice Offenders with Mental Illness
system. -
- Steven, 28, has bipolar disorder. He In Jails : 101,000 individuals with
can maintain a normal family life and a mental illnesses were inmates in local
job as a landscaper. He had never had jails at year-end 2000. Of these, 63,000
problems with the law or any history of had a severe mental illness.
violent behavior. One night while he was 5 Jails are locally operated facilities
driving, the police pulled him over. He that hold people pending arraignment or
heard voices telling him to keep going. awaiting trial, conviction or sentencing.
He did, was shot in the hand, bitten by Sentencing is either to probation or
police dogs and arrested. He spent four incarceration in jail (generally under a
months in jail, without the medication year) or prison. There are 3,365 local
that had kept him stable. Eventually, he jails.
was found not guilty by reason of 6
insanity and was hospitalized; the - In Prisons : 201,000 individuals with
charges were dismissed. (Health mental illnesses were inmates in state
Foundation of Greater Cincinnati , 8/00) (191,000 or 16.2%) and federal (10,000 or
A man with a mental illness who was 7.9%) prisons at year-end 2000. Of these,
homeless was arrested in Florida for 132,000 had a severe mental illness.
shoplifting an ice-cream sandwich that 7 There are 1,558 adult correctional
cost $ 1.16, then imprisoned because he facilities housing state prisoners and
lacked the $25 bail for release. 110 facilities housing federal prisoners.
(Sun-Sentinel, Ft. Lauderdale , 11/98) - On Probation : 614,000 individuals
Many lack access to adequate services (16%) with mental illnesses were on
through the public mental health system. probation at year-end 2000. Of these,
- Roy was so desperate for mental health 315,000 had a severe mental illness.
treatment that he showed up at the 8 Probation represents a more moderate
courthouse and signed his commitment sanction than incarceration. It is
papers. On the day of his hearing, he generally given to offenders with few or
packed, ready for a hospital stay, but no prior convictions or to those guilty
the hospital couldn't take him for two of less serious offenses.
months. "What am I supposed to do until Description of the Population
then," he asked. No other services were New Department of Justice data confirm
offered him. Seven weeks later, Roy previous research findings that most
walked into the woods, strapped his belt individuals with mental illnesses in the
around a low branch and stepped off a criminal justice system have had
plastic bucket. His body was found a week extensive experience with both the
later, on the day his mother got a call criminal justice and mental health
that the hospital was ready for him. systems and have a severe mental disorder
(Time, 7/00) and poor functioning.
- Seeking help for their 20-year-old son As seen in this table on offenders with
who was exhibiting unexplained paranoia, mental illnesss, on every item, in all
a Latino family called the community settings-jails, state prisons, federal
mental health crisis line. Nine hours prisons and probation-offenders with
later a mental health professional mental illnesses are more likely than
arrived with police. After a brief exam other offenders to have the reported
the mental health worker said the young problem.
man may need hospitalization and the 1. Based on admission rates reported in
officers agreed to take him to a mental Bureau of Justice Statistics Bulletin,
health facility. Although they had found Census of Jails, 1999 (August 2001, NCJ
him passively sitting on a sofa, the 186633, p. 5) multiplied by the
officers used physical force, beating him percentage of jail inmates with a mental
with nightsticks and ultimately illness (16.3%) reported in Bureau of
pepper-spraying the apartment. The family Justice Statistics Special Report, Mental
watched, stunned. The young man was Health Treatment of Inmates and
diagnosed with schizophrenia and more Probationers (July 1999, NCJ 174463).
than a year later remains withdrawn and 2. Calculated using the respective rates
unable to return to his job. His family of mental illness reported in Bureau of
is discouraged about accessing any public Justice Statistics Special Report, Mental
services. (Report from a Washington DC Health Treatment of Inmates and
suburb, 4/02) Probationers (NCJ 174463) and year-end
The criminal justice system is used to jail and prison population numbers
fill the void. reported in Bureau of Justice Statistics
- A man with a history of epilepsy was Bulletin, Prisoners in 2000 (August 2001,
arrested after appearing confused and NCJ 188207) and probationers reported in
disrupting service on a city bus. Upon Bureau of Justice Statistics press
release, he was found outside the jail release of August 26, 20001.
banging his head on a wall and crying. He 3. Bureau of Justice Statistics Special
was then admitted to hospital, where he Report, Mental Health Treatment of
threatened people with pencils. Hospital Inmates and Probationers (NCJ 174463).
staff called the police and allowed them 4. Id.
to enter patient areas with firearms. 5. Based on self reports by inmates and
After the man became agitated from probationers and, for severity, on
complications associated with epileptic overnight admissions to a mental hospital
seizures, he was shot dead by a police or treatment program.
officer. His family had brought his 6. Bureau of Justice Statistics Bulletin,
seizure medication to the hospital the Census of Jails, 1999 (August 2001, NCJ
day before, but they spoke only Spanish 186633).
and no one could communicate with them. 7. Bureau of Justice Statistics Bulletin,
The medicine was set aside. (Mental Prisoners in 2000 (August 2001, NCJ
Health Weekly, 6/01) 188207).
Once people are in thecriminal justice 8. Bureau of Justice Statistics Special
system, their mental health needs are not Report, Substance Abuse and Treatment of
met. Adults on Probation, 1995 (March 1998,
- An Oregon man with a mental illness NCJ 166611).
gouged out his eyes as he waited in a 9. Bureau of Justice Statistics Special
Portland jail cell for a psychiatric Report, Mental Health Treatment of
hospital bed. (The Oregonian 6/12/02 ) Inmates and Probationers (July 1999, NCJ
- Romus was arrested and brought to the 174463).
Orange County jail in New York , shouting Policy to Address Issues Regarding People
gibberish. As a result of budget cuts, no with Serious Mental Illnesses in the
psychiatrist was on call, so Romus was Criminal Justice System
pepper-sprayed and shackled to a Impact
restraint chair, where he sat shouting, The increase in the number of individuals
twisting and kicking for hours. with serious mental illnesses who come in
Eventually, an officer dragged contact with law enforcement officers or
Romus , in the chair, to the jail's are booked into jail or sentenced to
mental health unit and pushed him in. incarceration means that more and more
(Middletown Times Herald-Record, NY, 7 individuals suffer significant harm. For
01) example:
- Shawn, 20, diagnosed with - They experience great trauma in
schizophrenia, depression and bipolar connection with arrest, booking or
disorder, has been in and out of state detention.
hospitals. He was arrested after punching - They are unnecessarily stigmatized by
a security guard who tried to stop him involvement with criminal justice.
from stealing. While in jail awaiting a - They are penalized in their eligibility
court hearing, Shawn has tried to kill for housing, employment and public
himself at least four times. "I use benefits as a result of-and long
razors, floor tiles, nails, screws, after-arrest or detention.
glass, anything," he says, "I want to The various parts of the criminal justice
die." When he tries to hurt himself, the system also face major problems,
jail locks him in the medical observation including:
cell. "When I get locked up like that, - repeated use of significant police time
all I do is cry, punch myself in the and judicial resources;
face, bang my head against the wall." - significant stress among law
Guards then strap him in a restraint enforcement personnel (for example, when
chair. "There is not a day...that I don't individuals with depression try to
think of killing myself," he told a encourage the officer to shoot them);
reporter. "I just want help. I want this - occupancy of jail beds needed for more
to end. I've come to the conclusion that serious offenders;
death is the only way out." ( Portland - management problems in jail, often
Press Herald, 11/01) requiring suicide watch or causing major
Criminal justice and mental health disruptions for jail staff;
systems have not collaborated well. - challenges to probation and parole
- Paul, 24, was arrested for breaking and officers who lack special training or are
entering. While processing him, police too few in number to work with people
saw that he was highly agitated and his with serious mental illnesses;
behavior was strange. Concerned, the - a scarcity of financial resources as a
arresting officers called the area mental result of these and other issues.
health center, a hospital, the state Taking a Different Approach
police and the District Attorney's office What is needed is a new approach to
to find out what to do. While the various policy that will:
organizations argued over who should take - assure that individuals with serious
him, Paul hanged himself in his cell. mental illnesses do not end up in the
(Health Foundation of Greater Cincinnati criminal justice system when a mental
, 8/00) health approach would be more appropriate
- Joseph is deaf, has a serious mental or because of prior failures to make
illness and cannot speak. He was arrested mental health services accessible;
on a misdemeanor charge. Although the - effectively move people with serious
charges were dropped, he remained in the mental illnesses out of the criminal
detention center for two years, lost justice system more expeditiously; and
somewhere between the city's criminal - ensure that those who have been
justice and mental health bureaucracies. arrested or incarcerated do not return.
(The Washington Post, 9/01) Goals for Policy
Collaboration between mental health and Such policies will result in:
criminal justice can lead to better - better outcomes for the individual with
outcomes. mental illness;
- Richard, 43, has schizophrenia. He has - greater safety for all-the community,
been arrested 137 times for petty crimes law enforcement officers, correctional
such as trespassing and panhandling. staff, the individual with a mental
Unwilling to take medication on his own, illness and his or her family;a more
he was caught in a dangerous cycle, from efficient criminal justice system;
jail to hospital to homelessness. - greater cost-effectiveness across the
Thresholds, a nonprofit rehabilitation criminal justice and mental health
agency, convinced a judge to release system, as mental health issues are
Richard to their custody. Now he has a addressed earlier and in a more
single room the group provides for him, appropriate forum;a more pleasant
food, money and constant support. It took community for all.
time, but Richard has been able to break Approaches That Have Been Tried
his cycle of living on the streets or in Many communities have adopted programs
prison. Over a year later, he remains that will divert people with serious
arrest-free and says he has never felt mental illness from the criminal justice
happier. Thresholds costs $25 a day, system at various stages of the process:
while jail costs $75 a day. (Health - time of arrest (pre-booking diversion);
Foundation of Greater Cincinnati , 8/00) - as the individual's case is initially
Individuals with Mental Illnesses in Jail processed in the jail (pre-booking
and Prison diversion);
Data - following booking, but without a trial
- Nearly two million new jail admissions (post-booking diversion);
are of people with mental - at adjudication or the trial stage
illnesses-35,000 individuals a week. (court-based diversion); or
1 - following incarceration (re-entry
- At the end of 2000, nearly one million programs)
individuals with mental illnesses were in Diversion is most likely to succeed, to
the criminal justice system. violate individual rights less and to be
2 less costly to the criminal justice
- More than 16% of jail inmates have a system if it occurs in the early stages
mental illness, according to the United of criminal justice processing. However,
States Department of Justice. depending on the seriousness of the crime
3 or the individual's prior history in the
- Seventy percent of jail inmates with criminal justice system, this may not be
mental illnesses are there for nonviolent feasible.




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