A group of patient advocates and law enforcement
agencies is expected to propose a series of modest changes to state law
today that could have a big effect on South Carolina's mental health
system.
State Rep. Jim Harrison, a Columbia Republican and chair of the House
Judiciary Committee, will introduce a total of six proposals designed to
correct what the group says are flaws in the way judges and police
officers handle the mentally ill.
Harrison said the package will open up some beds, streamline the
process for those who need to be committed for emergency treatment and
filter out some of those who no longer need it.
"What we're proposing is not a solution to all the problems," Harrison
said. "But it's a step in the right direction. It should have a positive
impact."
David Almeida, director of the state chapter of the National Alliance
for the Mentally Ill, or NAMI, thinks the effect will be considerable.
"They're simple changes to the law that offer significant changes to
the mental health system," he said.
An estimated 214,000 South Carolinians suffer from what experts define
as a "serious" mental illness, according to federal government data;
180,000 have been addicted to alcohol or drugs within the past year. The
state's population is about 4 million.
Critics have long complained that the mentally ill don't have enough
access to proper treatment.
The economic cost of untreated mental illness is more than $100 billion
a year nationwide, according to NAMI.
Although various groups have pushed for reforms for years, advocates
say the problem has become more urgent as a result of budget cuts at the
Department of Mental Health and a reduction in the number of inpatient
beds.
In response, a coalition of mental health advocates, hospitals, police
officers and probate judges, called S.C. Partners in Crisis, formed to
focus on ways to improve the system without spending any money.
One proposal would provide legal protection to police officers who
divert someone to a treatment facility who has committed a "victimless
crime" -- such as vagrancy or urinating in public -- and appears to be
mentally ill or on drugs.
Officers in some parts of the state say they feel they might leave
themselves open to liability if they take such people anywhere but jail,
advocates said. This idea would allow them to take those people to an
emergency room, a crisis stabilization center or a place to get sober.
"We want a law enforcement officer to feel confident to take a person
being drunk and disorderly to a sobering center, versus charging them and
then hoping that somewhere along the way they're going to get treatment,"
said Amy McCulloch, a Richland County probate judge who helped develop the
proposals.
Another proposal would put more teeth in court-ordered outpatient
treatment plans. If a person doesn't comply with such plans now, Almeida
said, families and facilities frequently have no recourse until the person
becomes a threat to himself or others.
The proposal requires treatment facilities to report to the court when
a person didn't comply with his or her treatment plan.
The legislation also would give courts the power to intervene "before a
situation deteriorates and someone does something to themselves or
somebody else," Almeida said.
Two other parts of the package would give authorities 72 hours to serve
orders for a mental health evaluation or to pick someone up for chemical
dependency treatment.
Another part of the package would allow family court probate judges to
order juveniles to a community mental health center rather than an
inpatient facility for an evaluation. McCulloch said juveniles staying
with families or in foster care might be much better off having
evaluations in their community, which is less intimidating than a mental
hospital.
The sixth proposal would allow judges to release a person before a
hearing on whether he or she should be committed to an inpatient facility
so long as two examiners deem that the person no longer needs treatment.
McCulloch said mentally ill people are often kept in a hospital longer
than necessary, after their episodes have ended, which takes up space
needed for others.