Today’s Star Tribune article (“Criminalizing mental health,…, denied treatment,…Michael Schuler stabbed himself in both eyes after spending 40 days in jail”) identifies the iceberg tip that is the crisis of this nation’s failure to deal with mental health issues. “Hundreds of inmates with dangerous psychiatric problems languish in county jails” is repeated in hundreds of county jails and hundreds of prison facilities throughout America.
My neighbor committed her son into the juvenile justice system specifically because she was unable to find him mental health services otherwise. He received no help and was awarded a criminal record instead.
My experience as a long time CASA volunteer guardian ad-Litem showed me just how much psychotropic medication is pumped into five and ten year old children without adequate mental health services and the sorrowful results that appear to be inevitable. My first visit to a four year old CASA charge was at the suicide ward of Fairview hospital. I’ve written about the seven year old foster boy who hung himself and left a note about the horrors of Prozac.
Because our institutions repeat this failed mental health approach throughout child protection and juvenile/criminal justice we are guaranteed big numbers of dysfunctional people that will stress our schools & communities and fill our jails and prisons for decades to come.
Jeff Weiss pleaded for help from his community as he fought with and wrote about his severe psychosis and homicidal/suicidal thoughts prior to killing his grandfather, himself, and 14 others at Red Lake MN a few years ago.
Michael Swanson’s mother spent years trying to find mental health services for her severely troubled son before he drove to Iowa and mindlessly shot to death two innocent clerks in two separate stores. Had any part of the health system been humane & functional, all these families could have been spared the horrendous grief that accompanies these behaviors.
As long as we the people continue to so successfully implement public policies providing the worst possible outcomes (terrible crimes, full prisons, failing schools, and a growing population that can’t cope with or without psychotropic medications) money will pour into perpetually overburdened law enforcement, courts, and prisons instead of health and mental health services (that could actually improve our quality of life – not to mention the people/families needing the services).
The blame/hate politics behind these core issues remain powerful and from child protection to criminal justice departments, there is little appetite by the public to make things better. The status quo for decades now has been to punish people born into terrifically dysfunctional families and continue the blaming and hating through 40 or 50 years of incarceration, parole, state ward costs and unhappiness for the communities they live in.
Let’s all take a deep breath and revisit Dr Read Sulik’s definition of mental health;”the ability to cope with our peers in school, at home, and in the community”.
These are teachable skills and we the people can make this happen (as has the rest of the industrialized world) by supporting early childhood programs and becoming concerned with the youngest and most vulnerable among us.
This would cost us far less in crime and social disruption, and we would save billions in insurance and the immeasurable personal pain we visit upon ourselves with our current heartless non-working policies.
Left in limbo, hundreds of Minnesotans with mental illness languish in jail
Hundreds of inmates with dangerous psychiatric problems languish in county jails across the state.
During his 40 days in the Hennepin County jail, Michael Schuler told deputies he was the Prince of Wales. He stood naked in his own feces and talked to himself for hours. He became so agitated that at one point the jail’s contract medical staff deliberately withheld his medications.
In all that time, Schuler never received a psychiatric evaluation — even though years of court files showed that he suffered from severe psychosis.
On May 2, 2012, Schuler finally found a way out of jail: He stabbed himself in both eyes and was rushed to a hospital.
Twenty days later, Judge Jay Quam left his chambers at the Hennepin County courthouse and walked four blocks to Schuler’s hospital ward for a special commitment hearing. Except for the horrific injuries, Quam says, Schuler wasn’t much different from hundreds of other failed cases he saw in the county’s Mental Health Court.
On any given day, the Hennepin County jail holds 100 to 200 inmates with severe psychiatric disorders, according to records reviewed by the Star Tribune. They represent fully one quarter of the jail’s population, and they languish there, on average, for three months before getting proper psychiatric care.
Hennepin County jail logs
August 1, 2012 – November 10, 2012Jason Jay Folson, then 40, was arrested on a drug charge and booked into the Hennepin County jail on Aug. 1, 2012. Over the next four months his condition deteriorated steadily, as recorded in a jail log kept by the deputies who watched over him.
Aug. 14:16 p.m.
Aug. 24:49 p.m.
During med rounds, inmate refused to get up and take medications.
Aug. 511:33 p.m.
During a Health & Welfare check, I observed inmate talking to himself. He pointed at the wall saying, “I’m talking to my friend right here.’’ There wasn’t anyone else in his cell.
Aug. 67:49 a.m.
Inmate was sitting on his bed laughing hysterically and rocking back and forth.
Aug. 1811:34 a.m.
Inmate given one hour out to shower, use the phone and exercise.
Sep. 17:36 a.m.
Inmate could be heard screaming. Inmate should be considered for the third floor, as he is keeping inmates up all night.
Sep. 14:47 p.m.
Inmate has his mirror covered. When told to [uncover it] he became upset and yelled at deputy.
Sep. 88:16 p.m.
Inmate refused his hour out. Said he was OK but did not wish to come out for his hour.
Sep. 139:25 p.m.
Inmate has been talking to himself all night [and] having arguments with himself.
Sep. 1611:20 a.m.
Inmate out for his hour of recreation. No behavior issues to report.
Sep. 181:43 a.m.
Inmate is yelling at the top of his lungs that Bill Belichick and him are going to win the Super Bowl over the Russian Gulag. Inmate appears OK otherwise.
Sep. 275:54 a.m.
Inmate has been standing in the cell for approx. 45 minutes, talking to himself and at times growling.
Sep. 292:01 a.m.
Inmate was screaming things about how Mick Jagger and the Rolling Stones are going to die for burning down his grandma’s restaurant.
Sep. 298:19 a.m.
Inmate given time out of cell for shower/exercise.
Oct. 111:21 p.m.
Inmate is screaming in his cell about Neptune and a nuclear reactor. Keep an eye on this inmate.
Oct. 57:14 a.m.
Inmate Folson is screaming and yelling threats to hurt others and pressed his intercom to threaten me.
Oct. 1112:28 p.m.
Inmate out for 1 hour to shower and exercise. Inmate appears OK.
Oct. 1710:52 p.m.
Inmate is now threatening to flood his cell. Master control was called to shut his water off.
Oct. 186:55 a.m.
Inmate is threatening deputy staff. For the safety and security of the facility, inmate will not be let out for his hour today.
Oct. 283:25 a.m.
Inmate has been randomly yelling and making animal noises throughout the night.
Nov. 212:21 a.m.
Inmate [is] telling staff to open the door so he can rip their heads off and eat them.
Nov. 24:40 a.m.
While on rounds, I instructed Folson to be quiet. He became very upset and began licking window. He then made a gun with his fingers and went, “Pow,’’ stating, “You’re next.’’
Nov. 511:53 a.m.
Inmate is having a very heated conversation with himself … very animated, hands waving around, bent over laughing.
Nov. 106:59 a.m.
Inmate has been making numerous threats the past 15 minutes, all of them about him wanting to kill me and my boyfriend. Inmate will not be let out today.
On Nov. 30, 2012, after four months in the Hennepin County jail, Folson was committed to a state psychiatric facility.
Across Minnesota, judges, attorneys and sheriffs cite dozens of similar cases in other county jails. They describe a system that, in effect, criminalizes the mentally ill because of backlogs in the state commitment process and a shortage of psychiatric beds.
“What you’re seeing is people who are mentally ill being labeled as criminals,” said a frustrated Hennepin County Sheriff Rich Stanek.
Confined under harsh and dangerous conditions, many of these inmates get worse. Five days after Schuler’s incident, Tyondra Newton, 25, a schizophrenic, hanged herself after spending 34 days in her cell. A week later, Jason Moore, an All America wrestler at St. Olaf College before he succumbed to schizophrenia, broke his neck after repeatedly smashing his face into a cell toilet.
“Jailing people for their symptoms is a travesty,” says Sue Abderholden, who heads the Minnesota chapter of the National Alliance on Mental Illness. “Not caring enough to do anything about it, which is what we are seeing year after year, is inhumane.”
Today, under a court order from Quam, the Minnesota Department of Human Services (DHS) is trying to reduce the backlogs. But top state officials admit that the state is failing to provide adequate care.
“I don’t blame anyone for running out of patience with us and how we’ve managed this previously,” Deputy Human Services Commissioner Anne Barry said in an interview. “People shouldn’t be sitting in jail waiting for treatment.”
Months behind bars
The Star Tribune examined records for nearly 100 inmates who were jailed in Hennepin County between 2010 and early 2013 and then evaluated for commitment to state psychiatric care. The documents show long delays at every step of the process.
Many were arrested on common misdemeanor charges such as disorderly conduct. Yet on average they waited in jail more than a month just to get a psychiatric evaluation. Then it took, on average, another 36 days for an examiner to submit a finding; a week for the court to open a judicial commitment case; and a further 30 days for a judge to decide whether to commit them to state psychiatric care, according to a Star Tribune analysis of jail bookings.
Among those who were eventually committed for care, inmates waited an average of 14 additional days in the jail before the state opened a bed for them, records show.
Since 2010, at least 15 of these inmates were jailed for six months or more, and two were jailed for more than a year.
Derres King, who has HIV and eight mental disorders, was jailed for more than six months before being committed to the Minnesota Security Hospital at St. Peter. Darrell Gibson, who was arrested last year for jaywalking in downtown Minneapolis, spent two months in the jail — barking like a dog and smearing urine on the wall — before he was hospitalized. That’s more jail time than many inmates who are sentenced for ordinary misdemeanors
The plight of these inmates reflects two decades of breakdowns in Minnesota’s public mental health system. The state once operated several large psychiatric hospitals — the best known in Anoka, Fergus Falls and St. Peter — that housed thousands of patients. Under pressure from the courts and social reformers, Minnesota began closing them in the 1990s and releasing patients to the community.
For thousands of patients, life with medications and transitional services proved a huge success.
But for a small share — those who are aggressive and violent — the state never built suitable new facilities. Today, hundreds wind up in court and in jail.
These patients represent a small fraction of the estimated 200,000 Minnesotans who have serious, diagnosed mental illness. But their numbers are not small: Some 4,000 Minnesotans were committed by judges for state treatment in a recent 18-month period, including patients with severe mental illness, chemical dependency and developmental disabilities.
“We have broken our promises to the mentally ill,” Quam said in an interview. “We’ve closed the institutions down and moved these people out into the community [but] did not give them the places to stay and treatment they needed. They end up in jail, and the conditions are beyond what most people can imagine.”
Many wind up cycling through the system repeatedly.
Schuler, the inmate who stabbed himself in the eyes, is an example. Early last year, after one scrape with the law, he admitted himself to Hennepin County Medical Center for psychiatric care. While in the hospital, he missed a mandatory court hearing for his previous offense. The result: On his release from the hospital, he was immediately arrested and sent right back into the criminal justice system.
Talking to the wall
The Hennepin County jail — a drab, brown cube in the heart of downtown Minneapolis — runs like a huge machine that vacuums up the violent, the passive, the sick and the helpless.
It’s a sterile place, yet one that overloads the visitor’s senses: Fluorescent lights and the lack of windows throw off an inmate’s internal clock. Screaming and threats are often the greetings to the day. People with fragile minds stand and talk to the wall or pace in their own waste until a cleaning team is ordered in. They pound on the metal doors and they shadow box with imaginary opponents. They stare off into a landscape only they can see from a 6- by 10-foot cell.
Injuries among these inmates can be brutal. One man recently jumped over a railing and fell 25 feet, landing face first and fracturing his skull.
Two psychiatrists contracted from Hennepin County Medical Center make weekly rounds, but records and officials say it’s often insufficient to keep psychotic inmates from deteriorating.
Since he was elected seven years ago, Stanek has watched the jail — Minnesota’s only detention facility with national accreditation for psychiatric inmates — become a medical center of last resort. If an inmate had a broken leg, he says, Hennepin County Medical Center wouldn’t hesitate to admit. With mental illness, it’s completely different.
“This is a fairness issue,” Stanek said. “We should not be criminalizing the mentally ill because there’s no other place to put them.”
It’s also an economic issue: The average cost per day to house a jailed inmate is $117; in a state psychiatric facility, the daily cost can exceed $1,000.
‘A huge test’
In late 2010 and early 2011, Ronald Brewer spent several months in the Hennepin County jail before Quam ordered him committed to a state facility. Nearly a month later, the judge got a call from Brewer’s attorney, who said Brewer was still sitting in jail.
Angered, Quam ordered a “show-cause” hearing, at which state officials would explain how they intended to begin complying with judicial commitment orders.
In April 2011, he got an answer. Mike Tessneer, then head of DHS’s huge State Operated Services division, wrote Quam to assure him that psychiatric inmates were being swiftly moved out of jails and into care. He said the Brewer issue had been put to rest, and he described a “marked reduction” in the number of days that inmates remained in jail awaiting treatment after commitment.
But deputies at the jail produced dozens of cases in which inmates were still spending several weeks in jail after commitment orders had been handed down.
As a result, DHS has been stripped of the power to decide when it will open a bed for an inmate who has been committed by a judge. A state law that took effect Aug. 1 requires the agency to offer placement within 48 hours of a commitment order.
“It will be a huge test for us,” said Barry, the deputy commissioner. “But it’s the right thing to do. I agree.”
Yet the new law addresses only one part of the long jail delays. Psychotic inmates can still wait weeks — even months — for a psychiatric evaluation and other steps leading up to a judge’s commitment order.
Last May, Julie Berntson appeared in Quam’s courtroom to close a circle with Derres King.
King, the patient with HIV and eight mental disorders, had been arrested in October 2011. The daily jail log described his steady deterioration and the risk he posed to himself and others.
On New Year’s Eve, a fight broke out inside the jail. When Julie’s husband, Sgt. Bradley Berntson, tried to intervene, King bit him. Two months later, taking a heavy dose of drugs to prevent the transmission of King’s HIV, Bradley Berntson died.
King finally received a court hearing for psychiatric commitment in April 2012 — 191 days after his arrest.
“Mr. King, I don’t blame you,” Julie Berntson said. “I don’t hate you. I forgive you because that is what Brad would do. But I ask that you take advantage of the opportunity that you have been given. And I ask Judge Quam [to] continue to work for the men and women who do this job every day. We have a responsibility to keep them safe.”
She has sued Hennepin County for failing to protect her late husband.
As for Schuler, who stabbed himself in the eyes: He lives in the Twin Cities in a state-funded residential facility, where he receives continuous care and medication. He has hired two attorneys and is suing Hennepin County and its medical contractor for the care he received while in jail.
His mental condition has stabilized, according to those responsible for his care, but his eyesight will never fully recover.
Paul McEnroe • 612-673-1745 Star Tribune