Counties Call for National Commission to Study Mentally Ill in County Jails

Apr 3, 2006

FOR IMMEDIATE RELEASE                             

Contact: Jim Philipps -- 202-942-4220                                                                                
jphilipps@naco.org

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Counties call for national commission to study mentally ill in county jails 

Treatment, community-based services better addresses the issue 

WASHINGTON, D.C. – The National Association of Counties (NACo) today called on the U.S. Attorney General to create a national commission to study and make recommendations to all levels of government on the jailing of non-violent offenders with mental illness in county jails.  

NACo, the only national organization that represents county governments, believes that implementing a wide range of community-based health and human service programs would be less costly for county taxpayers and more beneficial for those suffering from mental illness charged with non-violent offenses.  

NACo is recommending that the national commission carefully study the issue and make recommendations to all levels of government on how best to address the problem. At its 2006 Legislative Conference last month, NACo's Board of Directors adopted a resolution calling for the creation of a national commission. (See attachment).   

According to U.S. Bureau of Justice Statistics seminal report, "Mental Health and Treatment of Inmates and Probationers," it was estimated that 16 percent of local jail populations are suffering from mental illness. The study found that 70 percent of the mentally ill population was comprised of non-violent offenders.  

In conjunction with the resolution, NACo is participating in the GAINS Center 2006 National Conference, "System Transformation at the Interface of the Criminal Justice and Mental Health Systems," to be held at the Park Plaza Hotel in Boston, Mass., April 5-7.

NACo will present a panel session at the conference April 7 entitled, "Why Policy Matters:  The Case for a National Commission on the Jailing of Persons with Mental Illness." Presenters include:  Lisa Naito, NACo Justice and Public Safety Steering Committee Chair and Multnomah County (Ore.) Commissioner; Robert Janes, NACo Health Steering Committee Chair and Lee County (Fla.) Commissioner; Steven Leifman, Associate Administrative Judge, Miami-Dade County (Fla.); and Lesley Buchan, project manager in NACo's Community Services Division in the County Services Department.  

"A national commission appointed by the Attorney General of the United States would focus attention on the intergovernmental aspects of the crisis as well as the pressing need for providing comprehensive care in the community," Naito said.  

Janes said an intergovernmental and evidence-based approach is needed to address this problem.  

"By keeping the mentally ill within the health and human services system, counties would be better able to monitor their condition and provide treatment, if needed," he said  

Leifman said this is an issue that desperately needs to be addressed nationally. 

"This is a national tragedy and it's time to take a hard look at this issue and figure out how we can keep non-violent, mentally ill people out of our jails and provide them with the treatment they need," Leifman said. "I see this as a trans-institutional issue. People who should be in the healthcare system getting help are inappropriately being transferred into the criminal justice system. There are no winners under the current system." 

Jane Haliburton, who chairs NACo's Rural Action Caucus and has been a leader in mental health issues in Iowa, said to provide competent care in rural America for the mentally ill, we need to combine multi-county solutions.  

"For example, there are about 2,000 counties that do not have a psychiatrist and other mental health professionals," she said. "We need to explore how neighboring counties could effectively share resources with one another as well." Haliburton is a member of the governor of Iowa's commission on the mentally ill.  

Former NACo President Kenneth Mayfield, Dallas County (Texas) Commissioner, highlighted the issue during his presidency in 2003. He said too often, the mentally ill tend to follow a revolving door from detention to the streets and then back to detention. 

"The longer non-violent people with mental health problems are incarcerated, the more their condition will deteriorate and then they may very well become a public safety risk," Mayfield said. "Jail diversion programs can save counties money, provide better treatment for the mentally ill, and improve public safety."  

Attached is the NACo Justice and Public Safety Steering Committee resolution urging the Attorney General to appoint a national commission to study and make recommendations on the jailing of the non-violent mentally ill in county jails.   

NACo is a full-service organization that provides legislative, research, technical and public affairs assistance to county governments.  Created in 1935, NACo continues to ensure that the nation's 3,066 counties are heard and understood in the White House and Congress. www.naco.org 

Justice and Public Safety Steering Committee 

Resolution Urging the attorney general of the United States to appoint a National commission to study and make recommendations on the jailing of the non-violent Mentally Ill in county jails and state prisons 

Issue:  The appointment of a national commission to study and make recommendations on an escalating national crisis:  the jailing of non-violent persons with mental illness in county jails and state prisons. 

Adopted policy:  The National Association of Counties urges the Attorney General of the United States to promptly appoint a national commission to study and make recommendations on the jailing of non-violent persons with serious mental illness in our nation's jails and prisons.

NACo further recommends that such a commission should be representative of organizations representing general purpose government at the county, city and state level ( NACo, USCM, NGA, NCSL, NLC, CSG and ICMA) and that it includes:

Federal agencies with criminal justice, health, housing, employment and social service responsibilities including SAMHSA, HUD, BJA, BJS, NIJ, DOL and NIC.
National organizations representing key constituencies at the local and state level such as the National Sheriffs' Association, the National District Attorneys Association, the National Association of County Health Officials, the National Association of County Behavioral Health and Developmental  Disability  Directors, the National GAINS Center, the National Commission on Correctional Health Care, the National Association of Drug Court Professionals, International Association of Chiefs of Police, the Police Executive Research Forum, the American Probation and Parole Association, the American Bar Association the American Jail Association, National Association of State Alcohol and Drug Abuse Directors, and the American Correctional  Association, should also be represented.  

Background:  The nation's local jails are increasingly becoming the dumping grounds for the mentally ill.  Of the 10 million people entering county jails each year, it is estimated that 16 percent are suffering from a diagnosable mental illness.  Most of these individuals have committed only minor infractions, more often the manifestation of their illness than the result of criminal intent. 

In addition to governmental organizations, NACo has partnered with the mental health community including the National Alliance for the Mentally Ill (NAMI), the Judge David Bazelon Center for Mental Health Law and Partners in Crisis of America in promoting the diversion of non-violent offenders with mental illness from county jails.  NACo supports a major role for the mental health community in the work of such a commission. 

Implementing a wide range of community-based services is infinitely more preferable to jail in terms of addressing the multiple issues facing this population.  By keeping the mentally ill within the health and human services system, counties are better able to monitor their condition, provide treatment and to dispense medication if needed.  The public safety is better served. 

Multnomah County, Oregon found that the mentally ill defendants were staying in jail one-third longer than those who were not mentally ill.  Lengthy incarceration not only worsens their condition, it almost guarantees difficulties after their release.

In the vast majority of states, even a short stay in the county jail is enough to disenroll a mentally ill person from such entitlements as Social Security, Medicaid and/or Medicare.  Once an individual is released from jail, he or she is eligible to receive such benefits but it may take weeks or months for these programs to be restored. 

The need for collaboration between criminal justice, health and human service agencies at the local level in dealing with the mentally ill cannot be overemphasized.  The challenge is to create a seamless web of comprehensive services. 

County jails and state prisons have become the defacto mental institutions of their communities.  Jails are designed to be short term incarceration facilities; prisons are designed to be long term incarceration facilities.  Neither is designed to be a mental hospital.  Jail and prison staffs are trained to be correctional officers, not mental health professionals.

But most importantly, it is not appropriate to punish people for being mentally ill. 

Fiscal/Urban/Rural Impacts:  The Commissions work in promoting evidence-based and intergovernmental solutions to divert non-violent persons with mental illness will save counties many millions of dollars. 

Adopted by the NACo Board of Directors

March 7, 2006

 

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