By Keith Binkley and Jim Bloss
We at the Snohomish County affiliate of the National Alliance on Mental Illness are writing to thank Superior Court Judge George Bowden for his ongoing support of the woman who entered the justice system in April following her arrest for reportedly hoarding dozens of cats in her small travel trailer.
A Herald article in April outlined the initial arrest and court trial, both of which pointed out clearly that some form of mental illness or behavioral disorder existed. Yet the Snohomish County Prosecutor’s Office called for jail time as did the jury.
At sentencing Judge Bowden asked the right question: “Why did the defendant end up in front of a jury instead of a county-funded program billed as a way to divert some mentally ill people out of the courts?” Apparently she wasn’t allowed into the County Prosecutor’s Therapeutic Alternatives to Prosecution (TAP) program because she was unable to pay the bill for a mental health evaluation she obtained after turning down a plea bargain agreement (The woman felt she wasn’t guilty of the charge and stated so and, in her belief, was saving the cats from harm and possible destruction.)
There were other justice-related issues that Judge Bowden indicated “didn’t make sense” as he granted her a first-time offender waiver, sparing her jail time and said warehousing her didn’t make sense.
He did order her to perform some community service, obtain mental health treatment and banned her from owning cats. When we at NAMI saw this we knew that these orders were going to be for naught, in that these kinds of orders cover the justice system but are mostly meaningless to someone living with a mental illness. This is because they are living in their own reality, not on medications and not in a position to understand the consequences of non-compliance with orders that don’t seem to be “right” to them.
This turned out to be the case as the woman left for Oregon with a bunch of cats and was living in her car. She was arrested again and sent back to Snohomish County for another visit with Judge Bowden who again showed merciful restraint in dealing with her, as reported in the June 23 Herald.
At the second hearing the prosecutor asked that she serve an additional 20 days for the violations the state Department of Corrections had already ordered for her for not reporting to her community corrections officer.
When Judge Bowden asked why, the prosecutor indicated the defendant should understand that she directly violated the court’s orders. However, it was this comment by the prosecutor that really got our attention: “We all agree the risk of recidivism is very high if there is no mental health treatment and that there’s no way to force someone into treatment other than to hold them accountable.” With this approach it often means the individual “has done the crime and must do the time.”
With this philosophy there is no recognition by the system that there should be some understanding of rules, regulations and processes that the individual is being held accountable to criteria that sets the adherence to court orders higher than the individual is able to comprehend.
Our observation is similar for the criteria set for involvement in the TAP and Mental Health Court programs where the bar for eligibility is set so high that those needing help will seldom qualify for participation. Again, Judge Bowden showed restraint and understanding in waiving of the additional jail time with guidance to the defendant to adhere to his order this time to receive mental health treatment.
The whole process described above is what NAMI considers “criminalization of the mentally ill” and supports our basic belief that no one living with a mental illness or co-occurring disorder belongs in the law, justice and corrections system. Instead, they need services and programs that will aid them in recovery and return them to their communities as full and contributing members.
We thank Judge Bowden for not only his compassion but also an apparent understanding in our own basic belief regarding the need for changes in how the criminal justice system is employed with people living with an illness that challenges their ability to recognize the importance of consequences of behavior that is considered unlawful.
Keith Binkley is president and Jim Bloss is immediate past president for NAMI Snohomish County.
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