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.