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 Real Prison Reform 

Commentary, Pam Phillips-Hunt, Editor, Aurora Associate
 

SB 851 builds upon AB 2034 System of Care legislation that was established in 2000 for parolees with severe mental health issues. Since its inception, AB 2034 has reduced incarcerations by 72 percent, reduced hospitalizations by 56 percent and increased full-time employment by 65 percent. SB 851 provides a stopgap to prevent mentally ill offenders from becoming part of the prison system through the expansion of the state's Mental Health Courts.

 

Mental Health Courts offer defendants with mental illnesses, when appropriate, an opportunity to participate in court-supervised, and community-based treatment in place of typical criminal sanctions. Essentially, SB 851 would standardize Mental Health Courts in California and give them jurisdiction over mentally ill parole violators. Across the country, Mental Health Courts have proven to appropriately and effectively divert nonviolent, mentally ill offenders. This type of effort has already saved one California county $2.2 million in one year in avoided jail beds. The cost-effectiveness of such a program was further echoed in an April 2007 fiscal analysis by the Legislative Analyst's Office that reported implementation of SB 851 would actually save the state money.

California is a leader in providing services to those with mental illness. In 2004, Proposition 63, the Mental Health Services Act, was passed and in its first three years has generated more than $1.7 billion for community-based mental health programs, serving 500,000 people statewide. However, funds from Prop. 63 are specifically allocated for those with mental illness outside of the court system, and are not available for individuals in prison and on parole. The intent was to ensure a significant, focused investment in community services.

Now that community health needs are beginning to be addressed, it is time that California take the next step by addressing the mental health needs of offenders. Without appropriate care for individuals' mental health needs, the criminal justice system will continue to be a revolving door. As it stands, California's recidivism rate is already the highest in the nation. An overwhelming number ---- 7 in 10 inmates ---- will leave prison only to return again, leaving potentially productive lives wasting in jail while taxpayers foot the bill.

SB 851, the Corrections Mental Health Act of 2007, will play a significant role in helping mentally ill offenders receive much-needed services as early as possible. By treating offenders through Mental Health Courts prior to incarceration, we will make considerable strides in reducing the likelihood that those with mental illness will re-offend while reducing the prison population and saving Californians valuable tax dollars.