Mental Health Courts ---- real prison reform

By: RUSTY SELIX - Commentary | Saturday, July 14, 2007 8:28 PM PDT

California's prison population is bursting at the seams with more than 170,000 inmates crammed into facilities designed for 100,000 inmates. Recently, the Legislature passed and the governor signed into law a construction program to help alleviate this concern. However, this is simply a temporary fix to the problem. California needs to focus on prison reform instead of prison expansion. In order to begin repairing the system, a wide range of problems need to be addressed, including providing help to individuals with mental disorders before they become incarcerated. Senate Bill 851 does just that.

Unfortunately, across the United States, people with mental illnesses are overrepresented in prisons and jails. In California alone, it is estimated that between 20 percent and 25 percent of all California prisoners are afflicted with serious mental health problems such as schizophrenia and bipolar disorder. Effective mental health treatment is the missing element of corrections reform. Senate Bill 851 (Steinberg), the Corrections Mental Health Act of 2007, is a workable and affordable solution to this problem.

SB 851 builds upon AB 2034 System of Care legislation that was established in 2000 for parolees with severe mental health issues. Since its inception, AB 2034 has reduced incarcerations by 72 percent, reduced hospitalizations by 56 percent and increased full-time employment by 65 percent. SB 851 provides a stopgap to prevent mentally ill offenders from becoming part of the prison system through the expansion of the state's Mental Health Courts.

Mental Health Courts offer defendants with mental illnesses, when appropriate, an opportunity to participate in court-supervised, community-based treatment in place of typical criminal sanctions. Essentially, SB 851 would standardize Mental Health Courts in California and give them jurisdiction over mentally ill parole violators. Across the country, Mental Health Courts have proven to appropriately and effectively divert nonviolent, mentally ill offenders. This type of effort has already saved one California county $2.2 million in one year in avoided jail beds. The cost-effectiveness of such a program was further echoed in an April 2007 fiscal analysis by the Legislative Analyst's Office that reported implementation of SB 851 would actually save the state money.

California is a leader in providing services to those with mental illness. In 2004, Proposition 63, the Mental Health Services Act, was passed and in its first three years has generated more than $1.7 billion for community-based mental health programs, serving 500,000 people statewide. However, funds from Prop. 63 are specifically allocated for those with mental illness outside of the court system, and are not available for individuals in prison and on parole. The intent was to ensure a significant, focused investment in community services.

Now that community health needs are beginning to be addressed, it is time that California take the next step by addressing the mental health needs of offenders. Without appropriate care for individuals' mental health needs, the criminal justice system will continue to be a revolving door. As it stands, California's recidivism rate is already the highest in the nation. An overwhelming number ---- 7 in 10 inmates ---- will leave prison only to return again, leaving potentially productive lives wasting in jail while taxpayers foot the bill.

SB 851, the Corrections Mental Health Act of 2007, will play a significant role in helping mentally ill offenders receive much-needed services as early as possible. By treating offenders through Mental Health Courts prior to incarceration, we will make considerable strides in reducing the likelihood that those with mental illness will re-offend while reducing the prison population and saving Californians valuable tax dollars.

The time is now to pass Senate Bill 851.

Rusty Selix is the executive director of the Mental Health Association in California. The mission of the Mental Health Association is to provide advocacy, education, information and other assistance necessary to ensure that all people who require mental health services are able to receive the mental health and other services that they need, and are not denied any other benefits, services, rights or opportunities based on their need for mental health services.

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12 comment(s)[-]Go to Top

John wrote on Jul 15, 2007 6:04 PM:Everytime I see an article about how badly California's prisons are run I think about Darrell Issa. His only experience in a public office prior to taking his seat in congress was the time he spent on the Prison Industries Board. What did he accomplish there? What has he accomplished in DC? Can't help but notice both the CA state prisons and Congress are disfunctional. And the CA Gov. recall he financed brought us more years of deficit spending in California. That sure was a boondoggle. Maybe he should have kept building car alarms and stayed out of government.

Rose wrote on Jul 18, 2007 8:04 PM:It is time for intelligent prison reform people to unite. Whether you’re a prisoner; a prison guard; advocate; legislator; attorney; etc. We can all agree our prisons are overcrowded. Is it because California breeds terrible people – NO! It is because the “time” has not fit the crime for some time now. Let us agree to fix sentencing. Let us agree to let the mentally ill and terminally ill out of prison and get them the help they need. Let us agree that “enhancement” sentencing is not always fair, and the enhancement time should never be more than the crime itself. Let’s start there and let creditable inmates out of prison and then let’s start some real reform within the prisons with rehab programs. There will never be viable programs until the prison population comes way down.

Leah wrote on Jul 20, 2007 6:14 PM:California has the distinction of having the highest recidivism rate in the country. I am certainly not proud of that and it's not because of illegal immigrants or sun poisoning from our sunny weather. It is entirely due the excessive sentencing and parole laws and lack of reform in these areas. The average guy is not capable of commiting the types of crimes that send people to prison. These people are either drug addicted and desperate or mentally ill and in need of help. If we do not help our own no one else will. We can spend billions fighting for democracy in Iraq while we leave our indigent and needy out on the streets. Our last few governors have steadfastly refused to release reformed and rule abiding inmates who were given life sentences with the chance of parole. Let's stop this 30 year binge of imprisonment and actually solve the problem rather than exacerbate it. Let your legislators know that their lust to pass more and more criminal laws is uncacceptable.

Gentle_Warrior wrote on Jul 20, 2007 9:45 PM:Our last three governors have brought us to where we are now regarding the prison system. Their blanket denial of all parole, the disregard and abuse of the medical system, the excessive sentencing laws and the “behind closed doors” deals with the CCOPA have turned California into a prison state. Until citizens unite and say enough is enough every one of us will be connected with the system in some way. Be it a husband, wife or family member either entering prison or already in prison with no chance of getting out. When are California citizens going to stop the abuse?

Pat J wrote on Jul 21, 2007 4:43 PM: THESE ARE NOT DISPOSABLE PEOPLE THAT WE JUST TOSS INTO THE TRASH BIN!!! These are US Citizens, our sons, daughters, fathers, mothers etc. People are not perfect and some get caught and many more do not and hope they don't. We need to provide basic needs and help them become responsible citizens in the community again. Pat j

Rev. B. Cayenne wrote on Jul 22, 2007 12:25 AM:The mentally ill do much worse in prison and should be taken out of the system immediately. They are returning to their communities much sicker than before incarceration. I for one do not want to take education dollars and pay to punish the sick. No matter how hard anyone tries, you cannot punish the sickness out of a person. They can be healed. It's an industry off the suffering of the mentally ill and it's wrong.

Reardon wrote on Jul 22, 2007 10:57 AM:Rev: Please move a violent, mentally-ill, recidivist into your family home for counseling for several years -- then lecture society about how to manage his/her illness without incarceration!

Reardon wrote on Jul 22, 2007 11:24 AM:Gentle Warrior: The People of California will stop the "abuse" when they are no longer being abused! No matter how "sick" (a subjective analysis not subject to test) it is obvious that mentally ill miscreants STILL stop for EVERY red light! This is prima facia evidence that they can understand the immediate ill effects of bad behavior. The penal system would work much better if the intentional ills the "sick" invoke on the populace were reacted to as strongly and as immediately, but we have an entire penal system dedicated to excusing the illegal actions, the diminution of the penalty, and placing as much time as possible between the crime and the punishment. Even the mentally ill violent redivist only places their hand in a hot fire ONCE!

Rev. B. Cayenne wrote on Jul 22, 2007 11:25 AM:To Reardon - There are no statistics anywhere that incarceration does one thing to benefit the mentally ill and plenty of evidence the opposite direction. Your silly jingo doesn't work on me because I love people and have had many outcasts in my home. The focus should be on healing and prevention of mental illness and substance abuse in the first place, not mindless punishing of the sick.

jeff wrote on Jul 30, 2007 4:42 AM:it is really sad,as a person naturally atracted to sociopaths ive seen it over and over again,currently my boyfreind is back in prison for the 5th time ,all stemming from one charge seven years ago most of that time is for abscounding,not reporting to his parole officer,and hes about to go back again a total of almost ten years in prison for a misdemeanor. i dont have the money to hire an attorney,so the best i have is a p/d . i wish there was some help this is turning this young man of 27 to a hardened criminal .well not yet but it could

Ally wrote on Oct 24, 2007 8:54 PM:For my Gov't class we have to pass a bill and my bill is on mental health in prisons if anyone could give me some ideas on how we can prevent this or how to make this whole sistuation better would be great i need all the help i can get.

kim wrote on Aug 26, 2008 4:21 AM:Prisoners bring to prison a concentration of health problems secondary to poverty, drug use and trauma. They have high rates of HIV, Hepatitis C and B, TB, Diabetes, Hypertension, Asthma, Epilepsy, poor oral health and Musculoskeletal disorders. Despite decades of successful legal action by prisoners and human rights advocates governments haven’t allocated adequate money or organized coherent services to care
for prisoners’ real needs. Also the penal medical providers often adopt custodial values acting as though their patients are malingerers not deserving of care. Lockups could play a significant role in public health measures in the HIV and chronic viral hepatitis epidemics, but fail to do so ...

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