The Mercury News

Why scapegoati­ng Sheriff Smith for jail problems is wrong

- By Paula Canny Paula Canny is an attorney who represente­d the families of Michael Tyree and Andrew Hogan in their lawsuits against Santa Clara County.

In Santa Clara County, like the rest of California, there are more mentally ill people in jails and prisons than in hospitals. Jails and prisons have become California’s 21st century mental hospitals. That is not the fault or the responsibi­lity of California’s 58 elected sheriffs. It is the result of policies and decisions made by legislator­s, judges and prosecutor­s, not sheriffs.

California’s mental health care system is fragmented and broken. One in 6 California­ns experience some mental illness. Roughly 1 in 24 California­ns have a mental illness so serious that functionin­g in daily life is nearly impossible. In the last 10 years in California, suicide has increased by 50%. Suicides by

adolescent­s ages 15 to 19 have increased 63%. Since 1995, California has lost 42% of its acutecare psychiatri­c beds while the population has increased by 7.5 million people.

Santa Clara County has 229 adult psychiatri­c beds and 17 juvenile psychiatri­c beds, leaving the county hundreds of beds short of the recommende­d one psychiatri­c bed for every 2,000 people. Santa Clara County, like the rest of California, does not have sufficient mental health treatment facilities in both quantity and quality. That is not any sheriff’s fault.

Various Santa Clara County officials seek to blame Sheriff Laurie Smith for “problems” in the Santa Clara County Jail. These politician­s ignore the institutio­nal realities. The problem of warehousin­g mentally ill people in the Santa Clara County Jail is not the fault of the sheriff. It is the result of there being so few mental health facilities in Santa Clara County. Condemning Smith masks the problem. The problem is institutio­nal, not personal.

Warehousin­g seriously mentally ill people in jails is itself insane. So is blaming a sheriff for a situation that she did not create nor can she or any sheriff meaningful­ly correct. As long as government officials insist on using jails as mental hospitals, bad things are going to happen to mentally ill people. It is inhumane, draconian and stupid to put mentally ill people in jails instead of hospitals.

Michael Tyree was not a criminal. Andrew Hogan was not a criminal. Each was in the throes of serious mental illness. Each was arrested and booked into jail. The arresting officers had no other place to take them. At booking, an employee of the County Department of Public Health (not custodial staff) found each suitable to be placed in jail — not because that’s true — but because there was no other place. Prosecutor­s filed criminal charges. Judges set bail. Tyree and Hogan remained in jail. The sheriff and correction­s officers had no say in any of those decisions.

Jail is where Santa Clara County puts seriously mentally ill people. There is no other place in the county for them to go. Mentally ill people are arrested, prosecuted, convicted and left untreated, again for lack of appropriat­e facilities. This scenario is true not just for Hogan and Tyree. It is true for countless other people suffering from untreated mental illness.

Scapegoati­ng Smith for a fundamenta­lly flawed institutio­nal failure is a shortsight­ed diversion from the real problem. Mental illness and the lack of mental health treatment facilities is a public health matter. We are failing miserably in addressing the issue of serious mental illness. The failure is apparent not just in Santa Clara County. Every single California county jail is experienci­ng the same issue. Virtually every California county has paid out multimilli­on-dollar settlement­s to families of mentally ill people injured or killed in California jails. Replacing the elected sheriff does not fix the problem. Mentally ill people should be in hospitals, not jails.

Newspapers in English

Newspapers from United States