The Statement of Sheriff Ted Sexton

before the

House Committee on the Judiciary

Subcommittee on Crime, Terrorism and Homeland Security

 

June 22, 2004

 

 

Mr. Chairman, my name is Ted Sexton, and I am the Sheriff of Tuscaloosa County, Alabama.  I serve on the Executive Committee and Board of Directors of the National Sheriffs’ Association where I am the incoming First Vice President.  I appreciate the opportunity to share with you some thoughts from NSA and the larger law enforcement community on the need for S. 1194, the Mentally Ill Offender Treatment and Crime Reduction Act now under consideration by this committee.  Before I begin, let me say that we strongly support S. 1194, which passed the U.S. Senate unanimously and welcome these hearings in the House.

Most of the people suffering mental illnesses with whom law enforcement officers interact are non-violent, low-level offenders who are demonstrating signs of untreated mental illness in public.  For the most part, these individuals pose a low risk of harming others, but act inappropriately enough to cause members of the community to be concerned.  Many of the calls my office receives are actually placed by family members who are seeking law enforcement help to control the behavior of someone who is “off their medication.”

It is clear that without proper training on how to respond to these individuals, law enforcement officers may not be able to appropriately handle the situation.  These contacts have a great potential for rapid escalation of both threat and force.  Minor situations can easily escalate into a violent confrontation that jeopardizes the safety of both the officers and the individual.

In many circumstances, arresting the mentally ill individual is an inappropriate response.  Even if the officer believes that arresting the individual for a criminal charge is appropriate under the circumstances, county jails are not equipped to house a large number of mentally ill offenders. Jails are jails; they are not treatment facilities nor are they hospitals.  Jails ought not be the treatment option of first resort, but sadly they have become just that because there is nothing else readily available.


In my own community, we have seen a steady rise in the number of calls related to mentally ill individuals.  This rise in the calls for response has largely corresponded to the decline in the population of large institutions within my community that have traditionally provided services to the mentally ill.  As these individuals have been moved from an institutional setting to community-based programs, we have seen a rise in the number of contacts that officers have with them.

In response to the increased frequency in calls for service relating to this particular population of our community, my senior staff and I set out to develop a program within our office that trains officers to more effectively deal with mentally ill individuals. The training program provides officers with a better understanding of mental health issues, and provides a number of suggested options other than arrest.  The training is not limited to patrol officers who are most likely to come in contact with mentally ill individuals, but also includes our dispatch officers who field the calls for service.  In addition, we provide the training to other law enforcement agencies, fire/rescue squads, EMTs, and our volunteer fire departments.  Last year, the training program was presented to more than 100 officers from the various agencies last year and currently, there are more than 180 officers scheduled to receive the training.  The Alabama Peace Officers Standards and Training Commission has recently established this program as a pilot program for eventual statewide implementation.


Providing this training to law enforcement officers is a critically important element of providing service to the mentally ill in our community; but it is only one of the elements.  Providing meaningful alternatives to incarceration is another, equally critical component.  As things stand now, the officer in the field is often left to choose between the unappealing alternatives of locking up a mentally ill individual or leaving them on the scene.  Right now, there is very little middle ground and no real other options.

The problems with these choices are obvious.  Simply leaving the individual at the scene is unacceptable and serves neither the sick individual nor the public.  Taking these individuals to jail, however, is often just as problematic.  County jails are not equipped to handle mentally ill individuals.  There is limited space in which to house these individuals apart from the general population at the jail.  Of course, they are in jail because they were causing problems on the outside.  Their offensive behavior doesn’t magically improve in the jail setting.  In fact, behavior often deteriorates in jail.  Conflicts with other detainees or the inability to follow the rules of the facility often escalate into situations that threaten the safety of an officer or the individual.

Providing medical care for these individuals in a jail setting is a tremendous concern as well.  The Tuscaloosa County Jail houses approximately 600 inmates.  At any given time, roughly 10 per cent of the jail population is on some type of psychotropic medication.  The vast majority of those are on multiple medications.  In the final quarter of last year, the cost of those medications cost my office and the taxpayers of Tuscaloosa almost $75,000.  Additional costs are incurred because the staff at the jail has to be extra vigilant in monitoring mentally ill individuals.  Frequently they are on suicide watch, which requires additional detention officers to monitor them, thus increasing manpower needs and costs.


A mentally ill person in jail receives very basic and limited mental health “assistance”.  I would hesitate to call it treatment.  The fact is that they receive far less mental health care than they need and are subsequently released back into society without either a safety net or a system in place to ensure compliance with a treatment plan.  Frequently, the cycle is simply repeated over and over again with the mentally ill being arrested after they have failed to keep up with their prescribed medication regimen.

The still unresolved problem for us, as for virtually all Sheriff=s Offices across the country, is finding an alternative placement for those individuals for whom jail is not appropriate.   As I said earlier, the jail is not designed nor equipped to provide treatment for the mentally ill.  Jails are designed for the holding of individuals awaiting trial or incarceration of those serving sentences and should not be viewed as an alternative treatment facility for the mentally ill.  For those who do require incarceration, placing them in an appropriate setting will help minimize the time that they actually spend in custody.  Additionally, a system for monitoring these individuals once they are released from jail is also needed to ensure that we can break the cycle I’ve outlined.  It is a disservice to everyone involved if we cannot arrange some more appropriate treatment than locking up the mentally ill in jail.

For our part in Tuscaloosa, we are partnering with mental health professionals within our community to try to address these issues, and we believe that HR 2387 will provide the resources and guidance we need to develop and implement creative solutions to this chronic problem.

Mr. Chairman, I am ready to take your questions and I look forward to working with you to address this issue in a way that is helpful to the mentally ill and provides them with the treatment and services that they need.