NEWS | MENTAL HEALTH
‘A Very Big Risk’
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Why, despite state law, the mentally ill languish in jails while awaiting evaluations BY JACOB JONES
E
mily Cooper, an attorney with the pic medication expenses. Washington jail officials nonprofit Disability Rights Washington, estimate the average cost of mental health says she knows of one case in which the inmates at about $250 a day. defendant has spent 111 days in jail, without trial A financial analysis looking at 2011 wait or conviction, awaiting a mental health competimes found “significant savings for counties” tency evaluation. A state psychiatric hospital when state hospitals met the seven-day target simply has been unable to schedule a visit from a deadline for evaluations. In 2011, the statewide licensed evaluator. average in-jail evaluation wait was 24 days, the “You just have an overly report states. Shaving 17 days off burdened system,” Cooper that wait time saves $4,250 for says. “The time people with each inmate. If you apply that disabilities spend in jail awaitsavings across the 1,647 evaluing treatment is still growing.” ations that year, county governIn 2012, Washington lawments would save more than makers tightened evaluation $6.9 million a year. deadlines to try to reduce With Eastern State’s current the ever-growing backlog of average wait of 33 days, regional stalled trials and stranded jails could theoretically save inmates awaiting evaluations. $6,500 per inmate by completing Those rules required defenevaluations within the statutory dants in jail to be evaluated seven-day deadline. within seven days. Almost DSHS officials have cited a two years later, a new audit shortage of local evaluators and shows wait times for local jail space limitations on admission Amanda Cook killed herself in the inmates seeking evaluations wards as significant challenges. Spokane County Jail while waiting for through Eastern State HospiThey also blame some delays a competency evaluation. tal still average 33 days. on external complications such John Wiley, regional as surges in referrals, attorney spokesman for the Departschedule conflicts and jail facility ment of Social and Health limitations. Services, says Eastern State has just seven evaluators to Much more important than any conduct evaluations at jails dollar value, Cooper says, are across 20 counties throughthe “human costs” of locking out Eastern Washington. people in jails with unreasonable wait times for One position is now vacant, he says, while the treatment. People with mental health issues may number of referrals for competency evaluations be victimized by other inmates or their condihas only continued to rise in recent months. tions may deteriorate. The seven-day deadline “It’s skyrocketed, the number of evaluations was established for a reason, Cooper says. A we’re doing,” he says. “We don’t really know 2003 Ninth Circuit decision found delays in why.” treatment violated due process rights. Of the approximately 600 referrals for “The hospitals at this point are running a competency evaluations at Eastern State Hospital very big risk,” she says. “They’re asking for a each year, only a minute fraction can be expected potential lawsuit.” to finish within the statutory deadline. For the Faster evaluations also could potentially first quarter of 2013, Eastern reports 0 percent save lives, Cooper says, like that of 25-year-old of the 87 jail evaluations were completed within Amanda Cook, who killed herself in December seven days. Wiley and other DSHS officials after spending weeks in the Spokane County Jail acknowledge they have not met the established awaiting a delayed competency evaluation. standards, but the new deadline requirements do Spokane County Commissioner Todd Mielnot include any legal consequences for noncomke says he hopes that through upcoming reforms pliance. in the regional justice system, the county will “It’s really discouraging,” Cooper says. “It’s a be able to partner with Eastern State to expand huge problem.” diversion programs and treatment services that will help direct people with mental health issues Independent financial reports have shown that out of the traditional incarceration process. But delaying the evaluations cost county jails millions that remains a long-term goal. of dollars each year. Jail officials report inmates “We’re going to have a lot of work to do,” he with mental health issues often cost double that says. n of other inmates after counseling and psychotrojacobj@inlander.com
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FEBRUARY 13, 2014 INLANDER 21 InlandImaging_021314_6V_EW.pdf