Mental health cases clearing

Broward County court doing more to help offenders

Broward County judge Ari Porth remembers Katherine Nelson — and mentally ill people like her who have been trapped in the court system for years.

Nelson snatched a woman’s purse on a county bus in 2009 but dropped it moments later. A 20-year-old college student at the time, she was diagnosed with schizophrenia, but her case languished in felony mental health court for six years.

“She was a perfect example of someone who was constantly reset who had really no chance at restorability, and we were just spinning our wheels and frustrating all parties involved,” Porth said. “We’re seeing less instances like that.”

After years of backlogs, the Broward court system has begun doing more to help mentally ill people. A program that diverts people from the felony mental health court is full and may expand, and the court has a more manageable caseload, according to the judges who oversee it.

The changes follow a Sun Sentinel investigation last January revealing that the average person in felony mental health court spent more than three

years awaiting justice, compared with six months for those in regular court.

Some languished in jail for months because no treatment beds were available.

Started in 2003, the felony mental health court was supposed to be a way to help people prepare for trial and get treatment. But the system became packed with 1,200 cases, and prosecutors for years refused to let go of even minor, nonviolent cases involving mentally ill people too sick to face their charges.

Prosecutors today are more willing to dismiss cases, Porth said, a change he attributes to the extra scrutiny from the Sun Sentinel investigation.

He said the findings are constantly on his mind.

“It’s lingering as a reminder as to where we’re supposed to be headed,” said Porth, one of two judges assigned to the felony mental health division.

The other judge, Mark Speiser, said he also sees positive changes.

“Yes, I see changes to the best,” he said.

The Clerk of Courts Office said it could not immediately determine how many cases are pending in the felony mental health court, but Porth estimated his caseload has fallen 10 percent to 15 percent.

That means more people like Katherine Nelson have been able to move on with their lives.

When arrested, Nelson said voices told her to grab the woman’s purse on the bus. She dropped it when the bus driver confronted her.

For years, she was considered mentally incompetent and attended more than 200 competency-restoration classes, said her father, Clovis Nelson. But her case remained active until prosecutors dismissed the robbery charge in November 2015, after the Sun Sentinel questioned them about the case.

Today, Nelson, now 28, has a job and is managing her medication and symptoms of her mental illness, Clovis said.

“She’s doing great,” he said.

The mental health court has made strides through a diversion program run by the Broward Regional Health Planning Council and modeled after one in Miami-Dade County.

The program was set up to reduce the number of mentally ill people in courtrooms and jails.

As of Thursday, 61 people were admitted to the program. The majority of people accepted have cases that were filed in 2016, according to records reviewed by the Sun Sentinel.

To be accepted, a person has to be evaluated by psychologist Dr. Michael Collins, be diagnosed with a severe mental illness and be approved by the State Attorney’s Office. The treatment process, which includes group and individual therapy and medication management, is broken into two phases.

No one has completed the program, but several people may be eligible to finish by mid-February, Collins said. Once they finish, their charges will be dropped and they will be linked to mental health services in the community.

The psychologist said he would like to expand the approximately $300,000 program to admit more people. Funding for the pilot program began in November 2015 and was enough for 60 slots.

“We still have individuals who have been approved by the state but are waiting to be evaluated,” Collins said. “The referrals aren’t going away and we’re at 60.”

More than 380 cases were referred as of Dec. 29, records show. The majority of the remaining cases were denied while others were pending approval.

Assistant State Attorney Peter Holden, who is in charge of the felony trial unit, said he believes the diversion program is working. His office receives monthly reports on participants, which helps the office evaluate how it is progressing, he said.

“We’re all for it,” Holden said. “We want to get the people that need the help to get the help.”

Chief Assistant Public Defender Owen McNamee said he is cautiously optimistic about the diversion program and the changes to the mental health court in the past year. He said communication with the State Attorney’s Office also has improved.

“I’m hopeful that the diversion continues to grow and mental health court continues to shrink and that people will continue to get a chance to get attention without going to the criminal justice system at all,” he said.

CARLINE JEAN/STAFF PHOTOGRAPHER Clovis Nelson, of Pompano Beach, left, says his daughter Katherine, whose case stalled in mental health court, now has moved ahead with her life.