Mental Health Patients Do Not Belong in Jail

Restorative Justice

In the course of Community Mapping, it is apparent that there is a huge void for transitional housing for veterans with PTSD and people emerging from the criminal justice system. Where can these individuals and groups go? Does this group of our society deserve the same treatment as all others once they emerge from their burdens? The answer is yes, according to the constitution. However, society says no, there are still barriers, it is not a clean slate.

And why is it important for society to reintegrate these people?  It is important because our constitution states there is justice for all, not just a selected few.

In the Health and Human Services commission Feb.2017, there is a report on Appendix C: healthcare for the Homeless C-1 and Appendix P: Estimated Harris County Jail Detention Costs P-1.

Based on data and analysis provided by Harris County through a contract with UTHSCH, it appears that that the first-year enrollment:

Jail bookings and charges decreased by 0.8 bookings per person per year.

Felonies and misdemeanors decreased by 0.1 and 0.6 charges per person per year.

Jail decreased by 18.9 days per person, equally a potential savings of $571,564 to Harris County.

So by letting mental health patients be transferred to rehab or private mental health facilities, money for the state, the county and the federal government could be saved. Jails are not equipped to house mental health patients. This is all part of restorative justice.

  • So what happens when you emerge from the criminal justice system after and you have a felony conviction record? You completed all the probation requirements, paid all the retributions and you attempt to gain employment and housing.
  • Housing and employment come hand in hand. In order to rent a house or an apartment, you must have at least 2 years worth of viable employment with substantiated employment, paycheck stubs. Or, if you are self-employed or contract, you need 2 years worth of previous tax returns. The usual requirement for apartment and housing rentals is 2.5 times the amount of the rent in gross monthly income.

This is another critical issue. So, by the lack of housing available, many of these people return to the criminal justice system eventually, thus effecting the recidivism rate and raising the cost of housing another inmate.

“Your time in prison may have come to an end, but that may not be the only consequence of your felony conviction in Texas. There are many statutes and regulations in Texas that place restrictions on certain jobs, permits, scholarships, voting eligibility, ownership of weapons, and other aspects after a person with a felony conviction is released from prison. For assistance locating felony restrictions in Texas, check out our “Restrictions After a Felony Conviction” database.” (guides.sll.texas.gov)

It’s true, just because you did the time for the crime, it is not over yet! It costs the state more money to re-incarcerate ex-felons. Why not extend those programs to incorporate them back into the productive aspect of society?

  • There is also 1/3 of the prison population that are stricken with mental illness. Legislative reform is critical to cure this backwards societal norm:
  • IN 2005, the United States bore 3 times as many seriously ill persons in jails and prisons than in hospitals (Treatment Advocacy center James Pavle, ED, 2010)
  • In the early years of the last century, when the public discovered most mentally ill patients were being housed in jails, a reform movement began, mostly by Doroty Dix, where the mentally ill began to be placed in hospitals and state institutions where they could be treated and not punished.
  • But in the 1950s, deinstitutionalizing began when state politicians discovered they could save money by closing hospitals and patients were released onto the streets and began to return to the jails for treatment.
  • We are not proud to be ranked 50th out of 52 jurisdictions in state mental health agency per-capita expenditures
  • According to Texas Department of State Health Services (DSHS), only 31% of Texas adults with severe and persistent mental illness have received services through DSHS.
  • As of August 2013, over 40 of the 112 facilities listed in the Texas Department of Criminal Justice’s directory had no mental health professional onsite, some with nearly 1,400 inmates.
  • 76% of Texans have a friend of family member who has experienced a mental health issue.
  • 67% of Texans believe that more state and local dollars should go to address mental health.
  • Before Texas spends another dime on incarceration, psych meds, additional jail personnel, additional hours re processing inmates and future litigation, more effort needs to be on funding Crisis Intervention Teams. Families dealing with mental health issues have a built-in bias already to distrust law enforcement. CIRTs s must be made aware of that prior to responding. All law enforcement needs to be made aware that the CIRTs are available for them to call. Currently, in Texas, it is officer discretion-based and the statistics show a very low percentage of officers actually call the teams in to intervene. They are not trained well enough to determine if a person is mentally ill or not. Therefore, in my opinion, if there is even a 20% doubt from one of the officers, the CIRT must be contacted. It is also a safety issue for law enforcement.
  • Imagine being 21, black and nonverbal autistic, officers respond to a 911 call from family when the mentally ill family member is off his meds and throwing a tantrum and is throwing kitchenware and  knives. Without a CIRT available or if the officers are unaware a CIRT can be contacted or is unschooled in determining whether or not a CIRT should be called, that patient and his family lives are now destroyed as the officers take him to jail and he is without his meds and is ultimately tried in a non-mental health court because the officers did not report it as such and chose not to record any of the family member’s statements because all were upset and screaming for help. This happens all the time.
  • Currently, The Harris Center is the largest mental health and development disability care center in Texas.
  • The Harris Center partners with 100s of community advocacy organizations, hospitals, governmental entities and non-profits to provide the best available care for consumers with mental illness and/or IDD.
  • Houston has more than 4 million people in it representing at least 90 different languages and cultures and only served by a handful of CIRTs that purport to be accessible 24/7
  • There needs to be more mental health partners joining the team to serve the Greater Houston community
  • There needs to be more information dissemination to all members of law enforcement to utilize the services. Every weekly or monthly meeting in all departments of law enforcement and criminal justice system jail administrators and employees need to be made aware of the services. 
  • Make patient assessment prior to incarceration and post release a requirement for both law enforcement and criminal justice system employees, including probation officers.

There are two main reasons why this organization needs funding: save money for the state and the federal government and moral turpitude. This is the moral aspect:

In the 2021 Restorative Justice mantra, it says: ”Our founders were motivated by the ideals of their Christian faith to start Restoring Justice. We strive to apply the meaning of Jesus’ example through his life, death, and resurrection. Regardless of their faith, our team members embody ideals of true justice, freedom, grace, forgiveness, mercy, and love. We open our arms to all who share these ideals to realize a new level of freedom, driven by and inclusive of the vast diversity of humanity.”

We are all part of the community. The community includes those who have been incarcerated and have done their time, those who are special needs and have been unjustly incarcerated and done their time and the veterans with PTSD who may or may not have been incarcerated but have definitely done their time. They all need transition back into the community so that they can be productive. They are part of the community!

References:

Department of Family Services. (n.d.). Texas Department of Family Services. Retrieved May 15, 2021, from https://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_2000.asp

Restrictions after a felony conviction. (n.d.). Https://Guides.Sll.Texas.Gov/Reentry-Resources/Restrictions-after-a-Felony-Conviction. Retrieved December 21, 2021, from https://guides.sll.texas.gov/reentry-resources/restrictions-after-a-felony-conviction

Restoring Justice Freedom for All. (n.d.). Restoring Justice. Retrieved November 16, 2021, from https://restoringjustice.org