Judges push mental health court

By Timothy Pratt

Friday, July 9, 2004 | 11:05 a.m.

The city's crackdown on downtown crime includes increased jail sentences for people who have been repeatedly charged with misdemeanors, but some say a significant number of those people are the mentally ill homeless -- a part of the growing Las Vegas Valley population for whom care is sparse.

Several municipal court judges said Thursday that dozens of defendants repeatedly brought before them on charges such as trespassing or jaywalking have mental health problems, often coupled with drug or alcohol addictions.

They said a mental health court of the kind that was launched in December at the Clark County District Court would be the most effective way to turn around many of those chronic offenders.

Municipal Court Judge Bert Brown met with some of his counterparts at the district court Thursday to discuss the idea of expanding the special court, which offers treatment instead of jail.

"I think there are better alternatives ... right now, it's: 'If you commit the crime, what's your jail time?,' but maybe there's another role we can play," he said.

But Metro Sheriff Bill Young said that while his officers "try to differentiate between those who need our help and those who are committing crimes," he also "supported the premise" of cracking down on repeat offenders.

He said the city attorney's effort to put repeat offenders behind bars for longer sentences is not directed at the homeless.

Young has publicly supported the creation of a mental health court and other projects to help chronic mentally ill offenders like Westcare's triage center.

"The issue comes to quality of life and crime," he said.

"We, as a community, are trying to salvage downtown. It's difficult to do that in an environment where crime is high," he said.

City Attorney Brad Jerbic, who is behind the push for increased jail sentences for repeat offenders, said, "The bottom line is we want to solve a problem -- people are compromising the safety of our citizens.

"If they're mentally ill and the mental health court can adjust their behavior, I'm all for that -- but right now jail is the only alternative law enforcement has for recidivist criminals," Jerbic said.

Brown came away from the meeting with Judge John S. McGroarty, the judge assigned to the mental health court at the county since late last year, with the idea that it will be at least a year before the idea can be applied in municipal court.

The district court's project was funded by a federal grant while money that comes from misdemeanor fines gathers in a fund that will then be used to expand the idea. That fund was authorized by the 2003 Legislature.

Working in partnership with Southern Nevada Adult Mental Health Services, the court is currently helping 24 defendants accused of felonies and gross misdemeanors obtain mental health treatment instead of jail sentences.

McGroarty said that in his 25 years on the bench, the mental health court was "one of the most exciting projects" he had worked in, and thinks its expansion to municipal court could "break the cycle of incarceration."

The veteran judge said he thinks up to 30 percent of all chronic offenders that come before the municipal court may have some kind of mental illness.

Municipal Court Judge Abbi Silver said up to 20 percent of her 8,628 active cases may have mental health problems -- many of whom she said could benefit from a mental health court.

"In a more perfect world ... there would be resources to deal with those citizens -- that way the criminal justice system wouldn't have to be a revolving door," Silver said.

Young said he continues to support the mental health court concept, but has a job to do in the meantime -- law enforcement. He said efforts such as the triage center -- a program to help the mentally ill and chronic alcoholics that is in danger of folding due to a lack of public funding -- "have not affected crime downtown."

"I'm going back to what I was elected to do," he said.

"To do social activism instead of law enforcement -- is it wise? Or is it better to make evaluations based on laws we've been given the job to enforce?" he asked.

Young also said that while there are insufficient programs to help the mentally ill, there are those who don't take advantage of such programs.

"You can only help those who want to help themselves," Young said.

"They need a job and a home -- and a lot of that is on them."