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OLYMPIA -- A recent telephone survey of Washington counties and 14 Washington cities shows that a new state law has not been effective in keeping mentally ill individuals out of jail and the criminal justice system.
The survey, along with support documents provided by key informants from police departments, mental health agencies, and court systems, showed minimal impact to date of SSB 5533, which was passed in 2007.
The new law allows local prosecutors and law enforcement officials to divert people from the criminal justice system when they are suffering from mental disorders and have committed non-serious or non-felony crimes. Instead, the law authorizes holding those individuals in a crisis-stabilization unit for up to 12 hours provided they are examined by a mental health professional within three hours of arrival.
But the survey shows the new law has had only a small effect so far on jail diversion.
"Most of the people we talked to readily saw that the intent of the law is a good one," says Anne Strode, a research associate with the Washington Institute for Mental Health Research and Training in Spokane (WIMHRT East). Strode oversaw the survey. "But without outside funding and other critical elements of professional support, they cannot develop the crisis response facilities required to comply."
Only two counties, Pierce and Yakima, are in compliance with the legislation at this time. Both counties already had secure and fully staffed crisis triage centers, along with a good history of collaboration among mental health and substance abuse professionals, law enforcement, prosecuting attorneys, and judges.
While most counties and cities are not fully implementing SSB 5533, some significant changes in efforts toward diversion from jail are still occurring. These changes range from informal collaboration between law enforcement and mental health professionals, to Crisis Intervention Team (CIT) training of law enforcement officers, to Programs for Active Community Treatment (PACT) teams and a range of post-booking court options, such as therapeutic, mental health, drug, and family courts.
Several counties, in addition, have increased the sales tax by one-tenth of one percent to fund local services, including diversion programs.
Some respondents to the survey mentioned specific barriers to implementation of SSB 5533 that ranged from lack of funding to philosophical differences in how to manage diversion programs.
The four most frequently mentioned barriers were:
BACKGROUND: The Mental Health Transformation Project is a five-year project funded by a grant from the federal Substance Abuse and Mental Health Services Administration (SAMHSA) to support mental health infrastructure and service delivery improvement activities. A preventive approach has been identified as one of the critical components to that effort.
The grant is a direct result of the move toward recovery-oriented, consumer- and family-driven mental health priorities identified by the President's New Freedom Commission.
COMING UP:
Mental Health Transformation Project to sponsor Prevention Summit in May.
The Prevention Summit is set for Tues., May 13, at the Doubletree Inn in Tukwila, WA. For mental health advocates, key partners, policy makers, community representatives, and interested citizens, the Prevention Summit will continue the effort to guide Washington State toward a system that promotes mental health, intervenes early, and addresses the devastating impacts of mental illness. Visit http://mhtransformation.wa.gov/MHTG/prevsummit.shtml for more information.
FOR ADDITIONAL BACKGROUND, CONTACT:
David Brenna, Senior Policy Advisor, MHTG project, 360-902-8456
Jeff Pike, Communications, MHTG, 360-902-7697 or 360-725-1011
Jim Stevenson, Communications Director, HRSA, DSHS, 360-902-7604
(Pager: 360-971-4067).
