House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security Holds Hearing on Criminal Justice Responses to People with Mental Illnesses

On March 27, 2007, the Judiciary Subcommittee on Crime,Terrorism, and Homeland Security held a hearing on improving responses to people with mental illnesses who are involved in the criminal justice system. Witnesses at the hearing included the following:

• Hon. Steven Leifman, Judge, Criminal Division of Miami-Dade County Court, Florida's 11th Judicial Circuit, Miami, FL;
• Phillip Perry, consumer of mental health services and current participant in the Bonneville Mental Health Court, Idaho Supreme Court, Boise, ID;
• David G. Gutierrez, Sheriff, Lubbock, TX;
• Richard Wall, Lieutenant, Los Angeles Police Department, Los Angeles, CA; and
• Leon Evans, Executive Director Jail Diversion Program, San Antonio, TX.

To access witness testimony click here.

"The repeated arrest and incarceration of low-level, nonviolent offenders whose mental health needs are not adequately addressed perpetuates a cycle of criminal justice involvement, diverts attention from more serious crimes, and does not necessarily respond to the underlying causes of the offense" said Chairman Bobby Scott (D-VA). "Families suffer the trauma of seeing loved ones arrested and incarcerated, and struggle to provide ongoing and needed support."

The work of the Criminal Justice/Mental Health Consensus Project, coordinated by the Council of State Governments Justice Center, was an important resource for committee members and advocates in the planning and preparation of the hearing. "There are many CSG members,project partners, and individuals with whom we have worked for many years on this issue," said Justice Center Board Chair and Massachusetts State Representative Mike Festa. "We are grateful for their help in making this hearing a success and for sharing their experiences and recommendations with us to inform the subcommittee's efforts in improving criminal justice/mental health policies and practices."

Witnesses described the problems that their law enforcement, corrections, mental health and myriad other professionals have when addressing the needs of people with mental illnesses. They detailed how current policies and practices are having an enormous impact on costs to taxpayers, the lives of people with mental illnesses, and the administration of the justice system.

Witnesses testify before the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security

Subcommittee members heard witnesses' consensus that there is a vital need for resources such as the Mentally Ill Offender Treatment and Crime Reduction Act (MIOTCRA) grants to support local and state efforts. (MIOTCRA, passed in 2004, authorized a $50 million grant program administered through the Bureau of Justice Assistance (BJA), U.S. Department of Justice, to support criminal justice/mental health systems collaborations. To date, BJA has awarded 27 grants to 19 states and will be making another round of awards in the coming months.)

Ranking Member Randy Forbes (R-VA) commented, "The Mental Health Collaboration Program increases public safety by facilitating collaboration among the criminal justice, juvenile justice, mental health treatment, and substance abuse systems to increase access to treatment for this unique group of offenders. A mere $5 million dollars has been appropriated for the program in 2006 and the current fiscal year."

Chairman Scott inquired about law enforcement contacts that brought people with mental illnesses into the system. He asked about whether funding is primarily needed to start programs within corrections systems for individuals who are incarcerated, or to ensure that mental health treatment services are available in the community. Witnesses emphasized that both were significant issues that required federal support for collaborative responses that are tailored to the unique needs of a particular jurisdiction.

In his remarks, Judge Leifman described the overcrowding and lack of adequate treatment for inmates with mental illnesses in the Miami-Dade County jail and noted the fiscal implications.

"On any given day, the Miami-Dade County Jail houses between 800 and 1,200 defendants with serious mental illnesses. This represents approximately 20 percent of the total inmate population, and costs taxpayers millions of dollars annually," said Leifman.

Phillip Perry, a participant in the Idaho Supreme Court's Bonneville Mental Health Court, has struggled with schizophrenia, drug addiction and frequent stays in hospitals and jails for most of his adult life. He spoke of his progress in the program since his referral in 2005: "This program has changed my life for the best. I feel I can live a sober and relatively mentally stable life because of the tools and skills that the program has taught me."

Witnesses also highlighted progress made in their communities to improve responses to people with mental illness involved in the criminal justice system.

"Within the Los Angeles Police Department, we have worked to provide training that field personnel can use to identify clients who are experiencing episodes of mental illness and adjust their approach accordingly, said Lt. Wall in his remarks to the committee.

Prior to the hearing, Justice Center Board Vice-Chair Sharon Keller, Presiding Judge of the Texas Court of Criminal Appeals, submitted letters of support to several Judiciary Committee members including Representatives Smith, Jackson Lee, and Gohmert, to highlight the challenges that judges and other criminal justice professionals face in responding to the high numbers of people with mental illnesses who cycle through the justice system. The Justice Center also submitted a letter to the committee to express the importance of continued congressional support and leadership on this issue.

In his closing remarks, Chairman Scott underscored the need for a federal role in addressing the over-representation of people with mental illnesses in the criminal justice system and for a multi-system response.

For more information on the hearing, or MIOTCRA, please contact Sara Paterni.