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Paul Boden

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It's Madness: the Incarceration of Disabled Homeless People in the US

Posted: 09/07/11 06:42 PM ET

The criminal justice system has displaced the mental health system as the main institution for dealing with poor people with psychiatric disabilities in the United States.

Federal cuts to mental health and affordable housing programs are responsible for this shameful reality. During his tenure as President, Ronald Reagan instituted sweeping changes in domestic policy. HUD's low/moderate-income housing budget was cut from $77 billion in 1978 to $18 billion in 1983 and the number of beds available in public mental hospitals dropped by 40% between 1970 and 1984. This divestment has put millions of people on the street, many of whom are mentally ill and whose conditions worsen by having to live on the street. The danger and degradation of homelessness can also create psychiatric disorders such as Post Traumatic Stress Disorder.

Many local governments reacted to the very visible upsurge in those living on the streets with public space restrictions and ordinances that criminalize activities like sitting or lying on sidewalks, panhandling, and sleeping outside. These punitive policies are largely driven by the concerns of business interests, and go hand in hand with the increasing privatization of public spaces and services.

All of this has a particularly dramatic impact on people who have difficulty navigating the complex legal system. Once cited by police, a person who does not go to court or pay the fine ends up with a bench warrant permitting arrest on sight. Arrest records can block access to housing services and benefits urgently needed to help stabilize someone who is homeless and disabled. Whether intentional or not, the bottom-line is that these laws are disenfranchising tens of thousands of mentally ill homeless people.

Been Here Before

Mentally ill people have long been stigmatized by society. Often considered defective, they have been met with pity and repulsion, sometimes with reluctant charity, their "treatment" often horrific. People labeled insane have also been removed from public view, be it in attics, asylums, or jails.

Today, it is common knowledge that Riker's Island Jail in New York City, Cook County Jail in Chicago, and Los Angeles County Jail are the three largest "psychiatric facilities" in the United States even though there is rarely any real treatment occurring in these jails. The situation is so dire at Chicago's Cook's County Jail that the sheriff has threatened to file a lawsuit against the state of Illinois for allowing his jail to become a "dumping ground" for the mentally ill.

It is less known that in every county across the country there are more severely mentally ill persons in the county jail than there are in the psychiatric unit of the county hospital. Nationally, a severely mentally ill person is three times more likely to be in jail or prison than in a state mental hospital. The problem is even worse in states like California, Florida, Texas, and Nevada where a mentally ill person is four to ten times more likely to be in jail or prison than in a state mental hospital.

There is precedent for locking up mentally ill people at the current alarming rates. In the middle of the 19th century, jails were filled with indigent mentally ill people criminalized under so-called poor laws. "Poor laws" were imported from England during colonial times and used to control the movement of the poor and to distinguish those considered "deserving" from those deemed "undeserving" of aid. The "undeserving poor" were punished in jails and workhouses.

Our mental health and criminal justice policies are not all that different from the poor laws of the 1850s: poor mentally ill people are languishing in jails untreated due to discriminatory "quality of life" or "nuisance crime" laws. Instead of increasing treatment and housing options in the community, we are shutting down programs and substituting them with costly jails and prisons. Despite reports ad nauseam about the human, financial, and social toll of this approach, the overriding social policies remain simply getting mentally ill people out of sight.

Taking it to the streets

The voices of those most impacted by these punitive measures -- mentally ill homeless people themselves -- are currently nowhere to be found in policy debates. To better understand the reality of those caught in the vicious cycle of insufficient treatment, homelessness, and jail at the street level, WRAP and our partners conducted surveys with 336 self-identified mentally ill homeless people in seven cities -- San Francisco, Los Angeles, Berkeley, and Oakland, California; Portland, Oregon; Denver, Colorado; Worcester, Massachusetts; and Houston, Texas. We also conducted a small online survey with 48 front-line service providers in San Francisco, Los Angeles, and Portland.

The findings from the two sets of surveys build on other recent data from the Department of Justice and mental health researchers. The findings from the two surveys are very similar and reveal a discriminatory pattern that deserves closer public scrutiny.

Results from the street outreach found:

  • 80% reported being stopped, arrested, or cited due to "quality of life" offenses.
  • 52% reported being harassed by private security (usually from private, quasi-governmental Business Improvement Districts).
  • 48% reported having ignored tickets issued against them.
  • 57% reported having bench warrants issued for their arrest.
  • 22% reported having outstanding warrants at the time of the survey.
  • 31% reported having been incarcerated.
  • 30% reported having lost their housing or being discharged from a program due to incarceration, while only 5% reported having been referred to a program when brought before court.


This closely mirrors the experiences of service providers in various cities:

  • 74% of service providers reported that at least 70% of their clients had been arrested due to "quality of life" offenses.
  • Almost 20% of service providers reported that their clients' interactions with police occurred because they appear to be homeless.
  • Over 60% of service providers reported that their clients had interacted with police for drinking-related offenses, 30% for loitering, 16% report for jaywalking, and 16% for trespassing (which usually meant sleeping in a doorway).
  • 53% of service providers reported that approximately 20% or more of their clients had bench warrants.
  • 44% of service providers reported that 50% or more of their clients had outstanding tickets.


The human story behind the numbers

The following story comes from Caduceus Outreach Services - a program that used to provide alternative forms of psychiatric treatment, restorative social supports, and healing for homeless people with severe mental illnesses. The story highlights the lived experiences embedded in the statistics above and illustrates the counterproductive policies now in place. The story is by no means unique.

DJ is a 35-year-old African American man. He has been homeless since his early teens when he ran away from a small Southern town to escape physical and sexual abuse. He has been diagnosed with Post Traumatic Stress Disorder and Dissociative Identity Disorder. Until Caduceus was closed due to funding cuts from the San Francisco Department of Health, he was in early outpatient psychiatric treatment and taking medications that prevented the worst of his hallucinations.

To survive financially, he sets up informal street markets, selling found and discarded clothing and other items. He is well known to the police, as he is unafraid of telling them what he thinks when they tell him to move along. He will cite the inequality by which the law is applied and enforced, reminding them that if he were a white woman having a street sale on the sidewalk in front of her home they would not tell him to move along. As a result, he is frequently ticketed for not having a vendor's license or for trespassing, and despite lack of evidence, has been arrested several times for selling stolen property.

Because the streets and parks are dangerous, DJ carries knives for protection when he camps out at night. He has been rousted and searched, arrested for carrying "concealed weapons," as well as ticketed for camping, sleeping on the sidewalk, and trespassing. His arrest record takes up 27 pages, with most charges dropped by the district attorney.

During a police sweep of a homeless encampment, he became so angry that he held up one of his knives and yelled at the police, "Why don't you just shoot me then, you know you want to." He was arrested for assault with a deadly weapon on a peace officer as they claimed that he had advanced on them with a knife and held in the county jail for over a year while his case was negotiated. During this time, DJ received no psychiatric treatment, no medication, lost his place on a housing waiting list, and had his disability benefits application denied because he couldn't attend appointments. The result was time served and three years felony probation, which, if violated, would result in his being sentenced to state prison. The likelihood of DJ, and thousands of other people like him in similar situations, making it through probation without the appropriate supports is next to zero.

When Caduceus was closed in 2011, his support system was eliminated. Despite his desire to continue treatment, there is no other intensive support program that can meet his complex needs.

Ineffective, expensive, and cruel

Money is being spent on jails rather than services. Municipalities, business districts, and downtown tourist centers support "quality of life" or "nuisance crime" laws because they are deemed effective at ridding homeless people from sight and lead to more lucrative and less visibly impoverished downtowns. But they are also an enormously expensive process.

In 2009, a California jail bed ranged from $25,000 to $55,000 per year and a bed for acute mental health services in a psychiatric unit in a California jail cost $1,350 a day. A University of Pennsylvania study from 2002 found that homeless people with mental illness who were placed in permanent housing cost the public $16,282 less per person per year compared to their previous costs for mental health, corrections, Medicaid, and public institutions and shelters. A report issued in 2009 by the Economic Roundtable found that the typical public costs for a homeless person in Los Angeles is 5 times greater than for a similar person in supportive housing ($2,897/month vs. $605/month) largely due to emergency room and criminal justice expenses.

The scale of this issue is enormous and the cruelty, disregard, and medical neglect suffered by poor and homeless mentally ill people like DJ is unacceptable. According to the Bureau of Justice Statistics, as many as 64% of people in jails nationwide have mental health problems. In the 1980s and early 1990s, people with severe mental illness made up 6-7% of the jail population. In the last five years, this percentage has climbed to 16-30%. Nationwide, there are three times as many people with mental illness in jails and prisons as there are in hospitals; 40% of people with severe mental illness have been imprisoned at some point in their lives; 90% of those incarcerated with a mental illness have been incarcerated more than once.

We deal with this national shame as we so often deal with personal shame: we pretend it isn't there; we try to hide it. In this paper, we hope to bring it into daylight. The obvious answer is of course affordable housing and residential treatment, and ongoing outpatient treatment with practical social supports. None of this is on our current national agenda. But as a country we must wake up to the reality that we treat mentally ill homeless people the way they were treated 150 years ago. Ignoring that truth is the real shame.

 

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HUFFPOST SUPER USER
dbrett480
08:30 PM on 09/17/2011
The incarceration of homeless people has absolutely nothing to do with problems in the criminal justice system. The problem is a lack of an effective mental health system. The seriously mentally ill are left with two options; alone on the streets or jail. The passage of Laura's Law is needed to combat this problem. The author criticizes law enforcement officers for doing their jobs, and that definitely isn't going to solve the problem.
HUFFPOST SUPER USER
Ty2010
04:09 AM on 09/13/2011
Don't you know? They do it on purpose, there are pills to fix everything now. They just aren't taking them!
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HUFFPOST SUPER USER
Parade Keegan
I Can Hear You
10:10 AM on 09/12/2011
The VA provides mental health care too. The problem is that the mentally ill don't think they're ill and you can't force them to stay at the hospital and they then end up in jail. Things aren't as "simple" as this article would have you believe.
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southingtonian
"I'm a Capricorn and you can't make me do sh*t.."
11:07 PM on 09/11/2011
A return to pre-Dickensian methods of government.
02:59 PM on 09/11/2011
Prisons are Big Business! And free labor! More and worse to come....
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HUFFPOST SUPER USER
Edward Wilkes
Poet/Stage Actor
09:49 PM on 09/09/2011
America is guilty of numerous human rights violations; so instead of our politicians pointing fingers at other countries that, are as well guilty, we should admit to the atrocities right here in our own back yard. America is an evil empire!
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HUFFPOST BLOGGER
DJ Jaffe
Founder, Mental Illness Policy Org.
06:49 PM on 09/09/2011
I wrote on the impact untreated serious mental illness is having on our national security. I believe we should offer treatment as a way to help those who need it. But even those who disagree should agree that our national security demands it: http://www.huffingtonpost.com/dj-jaffe/carson-city-shooting-ment_b_951549.html
11:50 AM on 09/09/2011
In the 1960's, Wilson wrote the book, "The Dream and The Nightmare," which detailed the de-institutionalization of the mentally ill with the goal of treating them in community mental health centers. The centers were never built and the mentally ill ended up living in squalor with no meds. Here we go again. Unfortunately, well-meaning advocates for the mentally ill have fallen for this scenerio in recent years and supported the closing of psychiatric hospitals with the promise of care close to home. Bull. Has not happened again. It is a measure of our society that the most vulnerable among us are treated with such cruelty.

A couple of years ago, a young North Carolina man was so severely beaten in a North Carolina prison that he was left a qaudrapelgic and later died of his injuries. He had been held in solitary confinement for more tha a year. None of the officers involved in the beating have been prosecuted. The young man was brain injured and mentally ill. He had gotten drunk with a friend and killed two teenagers in an auto accident. The inability of the mentally ill to survive in prison makes any incarceration a plunge into hell. Many are poorly medicated, if at all, and cannot follow routines. So minor infractions are punished again and again, and sentences are extended indefinately. We criticize other nations for human rights violations. Our treatment of the mentally ill ranks us among the worst offenders.
HUFFPOST SUPER USER
Kim Hayes
09:35 PM on 09/08/2011
How sad that even on a liberal site this amazing story has only garnerd 8 comments. What is wrong with this country?
04:31 PM on 09/09/2011
Diffidently, I must propose ,liberals aren't very good with,well,problem solving.As evidence ,I submit that the state is imploding. I think the correct question is,"What is wrong with this state?'It's simple .The Smart People are leaving and the state is collapsing.Or,to coin a phrase,Atlas is Shrugging.
Corwin
Cruel. Kind. It's a very good sign
HUFFPOST COMMUNITY MODERATOR
GeorgeBurnsWasRight
My micro-bio is running on empty.
10:45 AM on 09/08/2011
There was a report a couple of years ago about the increasing percentage of people in jails who had behavioral problems which caused them to be arrested for non-violent, but highly inappropriate behavior. In jail, they continued to do weird things resulting in a diagnosis of mental illness which was treated with medication. After a while, they began behaving normally, and since their sentences were minor and the jails overcrowded with actual criminals, they were discharged.

However, they were discharged with only a 30-day supply of their medication while there was a 6-month waiting list for them to visit a doctor and get new medication. Most of them began having behavioral problems after they had used up their medication and wound up being arrested for the same behavior as before. They went back to jail again, got medicated again, got released, their medication ran out, they went back into jail, etc. Note that these people wanted to be on medication to deal with their problems. They weren't in the group of people, who when they get better on medication want to discontinue that medication for a variety of reasons.

Beyond the stupidity of this ineffective system, it was far more expensive to use the police, courts and jails to deal with these mentally ill people than it would be to provide them with medication outside of jail. But in our screwed up system, we were "saving money" by eliminating public aid services to people with mental issues.
HUFFPOST SUPER USER
dbrett480
11:19 PM on 09/07/2011
The problem isn't with law enforcement, but with the mental health system. This article demonstrates the need for Laura's Law. If this law was passed, most of those mentally ill homeless would never even be introduced into the criminal justice system in the first place.
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robin360
dog is god spelled backwards
09:19 PM on 09/07/2011
Paul, you are doing mighty fine work and I appreciate it. Don't let DJ's erroneous comment bother you. What irked me was the composite of the young homeless man; there is no medication for Dissociative Identity Disorder. It's just, as my co-worker says "Advil for the Doctor". Keep it up!
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HUFFPOST BLOGGER
DJ Jaffe
Founder, Mental Illness Policy Org.
08:35 PM on 09/07/2011
Congratulations on an excellent piece, and especially for highlighting that people with mental illness are often jailed for three strikes of minor quality of life crimes. This was Giuliani's contribution to jurisprudence: arresting the mentally ill. If I have one small quibble, it is the insinuation that lack of funding is the problem. Spending on mental issues is at an all time high. The issue is not absolute dollars spent, it is that those dollars are reversely prioritized: they go to the least ill first. The most severely ill are routinely and intentionally sent to the back of the line, rather than the front. Prioritizing existing funds would solve the problem. Congrats again on a great piece.
http://mentalillnesspolicy.org
thebigbike
ran away to be a cowboy
07:40 PM on 09/07/2011
we're so fixated on punishment (especially for tiny misdemeanors by nearly helpless people) that we spend vast sums to punish rather than just fix the problem with oh, say, housing, and medical/psychiatric care at a MUCH lower cost than criminalization.

and the malefactors of great wealth..... well, money can buy anything. ask marc rich and the koch brothers, and dominique strauss-kahn
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HUFFPOST SUPER USER
Mr Sick Of Greed
06:45 PM on 09/07/2011
it's true, people look at the homeless with judgmental eyes....who knows what happened to them?
no one cares because we live in a country full of self-absorbed people...that is why...
that is why i feel good when walking home from the pizza place and bring the leftovers to the homeless men who live across the street at the library...
you should see their reaction in their eyes, they are speechless because no one does things like that for them......so sad......