Mental Health
Reforms ~ Long Overdue
By Carl R.
ToersBijns
Arizona
lawmakers should heed the warning of the recent Newtown shooting and take
immediate proactive steps to avoid such a mass shooting by a mentally ill
person in our schools or other public places. The solution to this problem is
multi-fold but we must be convinced by now
those persons identified to be mentally disabled or ill must receive
better treatment and this process must be addressed in a most effective and
expedient manner.
This should
be identified as a two step healing process and will require legislative
reforms in order for the process to be effective and applied to those severely
mentally ill persons that live in our communities and prisons, yes prisons.
The first
step is the prevention of crime by convicted felons released from prison and
not tracked or clinically maintained to be stable law-biding citizens so they
don’t pose a threat to our communities and their families.
The
reason this is the first step is based on the fact legislators have more
control over legislation covering convicted felons than free citizens within
our community. They can in fact mandate certain procedures and process a
convicted mentally ill felon much like they can a sex offender under Megan’s
Law and require them to register and maintain a treatment plan according to
their parole conditions and release.
The
second step is to address the void of severely mentally ill persons neglected
or not placed within a therapeutic or clinical environment such as private or
public funded outpatient treatment clinics, admission to the state hospital or
other referred treatment based on professional diagnoses and treatment needs.
This will
be more tedious in nature as it requires the commitment of community resources
in the mental health field as well as the involvement of many groups of mental
health advocate groups may recommend treatment alternatives to the legislative
committee that in turn can pass legislation with minimum standards or treatment
conditions to the mental health courts or superior courts for behavioral
management purposes.
So ask
the question – Where should the mentally ill be placed? Today most severely
mentally ill persons that run afoul of the law are committed to state prisons. Society has released this responsibility to
the prisons rather than mental health courts and every study made has revealed
the mentally ill do not belong in prisons just because there is no other place
to put them. Severely mentally ill (SMI) persons do not cope or function very
well in prisons and often get worse because of lack of mental health services
available or provided in most populations.
These SMI
persons often become targets or predatory non-mentally ill persons and abused
and assaulted repeatedly without any relief or protection from the prison
system.
Therefore
they become more traumatized than when they entered the prison system and less
likely to recover from such conditions resulting in suicides and other
self-harm acts that puts them in a high risk classification.
There are
other negative factors of putting SMI persons into prisons. Arizona has limited bed space for such SMI
persons and must choose which SMI are housed within these diminutive treatment
centers and which ones are ignored. It has been projected up to 24 per cent of
our prison population is in need for mental health treatment programs,
medication and treatment needs.
These
persons are subjected to lack of therapeutic environments that fosters healing
and stabilization. They will risk being out of compliance of their medication
because the side effects are detrimental to their coping skills and never talk
to anyone about their choices or decisions thus basically left alone to cope
the best they can.
They are
often misunderstood by poorly trained correctional staff and classified to be
behavioral misfits and placed into segregation for long periods of time while
receiving either no treatment at all or worst, chemically restrained by
psychotropic drugs that put them in a state of suspended functioning for the
remainder of their time to serve until released from prisons.
Then upon
their release date they are given a 30 day blister pack of medication and put
out in the street or with families that have no meant either financially or
socially abilities to maintain such medication or treatment needs. One must realize there is strong evidence of
the large crossover between mental illness, criminal behaviors, incarceration
and treatment.
Today the
SMI persons in our community do not received adequate services or treatment as
they require thus are stigmatized by society for being abnormal and thereby
cast into prisons. This makes it
society’s problem and often left unresolved because of funding or lack of
services available in the demographics involved with such needs. Thus we have
to ask a few more questions and glean the answers.
- Why severely mentally ill
persons aren’t hospitalized or offered outpatient treatment through the
mental health court systems?
- Where do these criminal behaviors
originate and what preventive measures are available within the community
to help them?
- Where do these SMI persons
obtain the guns they use to commit crimes and what are the traditional
barriers of such activity?
- Are the laws in tune with our
socio-political, economic and environmental systems functional or are
there dire changes needed?
- What prompts the mass
shooting mentality and where are the loopholes, the communication
breakdowns and observation reports?
- Who is responsible for this
problem; society, policy makers or lawmakers?
- When an SMI commits a crime,
what do we do with them and what options does society have to avoid
criminalizing the mentally ill persons?
- Can the courts order
medication involuntarily and do we need to revisit the forced medication
procedures to include more mandatory treatment inside our communities and
keep them outside our prisons?
The
problem has long been discussed and looked at for the past 40 years. Ever since
the courts ruled an SMI had the right to refuse his medication. The problem is
then multiplied by the number of mentally ill roaming the streets without
medication. Not all are violent in nature but the fact is many do have drug or
substance abuse addictions that exasperate their mental illness.
Thus the
bottom line was the mentally ill persons were criminalized by their own means
and the lack of protection for society by the laws passed and has withstood
time after time tests in court to be upheld. The homeless become victims of
crime as they try to survive the environment without their treatment or
medication needs.
Not all
SMI persons are homeless or have alcohol or drug abuse habits. However, they
are all stereotyped and classified into the same group regardless of their
social backgrounds. Society has stigmatized them severely. The laws, in order
to offset this stigmatizing created another factor that also added to the criminalization
of the SMI.
Under the
HIPAA Act, the government passed privacy laws restricting medical records. This
has severely impaired the process of allowing this vital information to be
recorded in the National Criminal Information System for firearms background
checks. Thus the passage of the HIPAA Act basically thwarted this information
to be made available to law enforcement or the licensed gun dealers that submit
the forms for background checks.
Lawmakers
must make a decision quickly how to handle the severely mentally ill persons
within our community. The current process of sending them to jail or prison is
not working and leaves one important fact in place. We would
serve ourselves well to re-evaluate the way we deal with the mentally ill from
beginning to end. It must make delicate decisions between the right of others
and the rights of the SMI when it comes to treatment, incarceration or other
preventive measures.
We must not take away someone’s freedom just because
society doesn’t want to deal with the problem and thereby casting them into
prisons with an out of sight, out of mind mentality. They are, after serving
their time, released back into the community in a worst condition than when
they were incarcerated. The cycle returns them to a life of crime, sometimes
violent and they are returned to jail and eventually prison.
December 29, 2012