“Communities are learning a very painful lesson throughout the United States,” Cottonwood Police Chief Steve Gesell said Tuesday, April 26. “Our jails have become de-facto mental institutions.”
Seated around the table, Gesell’s companions nodded their agreement. Prosecutor Mikkel “Mik” Jordahl, Spectrum Healthcare CEO April Razo, CPD Patrol Cmdr. Jody Makuch and Angie’s House Director Angie Lozano had come to discuss the recently developed Cottonwood City Prosecutor’s Alternative Sentencing Program — an effort to assist “chronic low-level offenders who are homeless and/or mentally ill.”
Each individual had his or her own reasons for contributing to the effort. Gesell and Makuch are exposed to mentally ill and homeless individuals on a routine basis. Jordahl sees how the justice system disproportionately impacts such people. Razo helps the mentally ill cope with their diagnoses. Lozano does what she can to provide housing to at-risk individuals.
Gesell said that the current situation for chronic low-level offenders in the homeless population — many of whom are mentally ill — is dire. The cost to get medical help is substantial and, without resources, most of those who need assistance simply end up being “warehoused,” shuffled from the streets back into municipal or county custody.
“It pains me to see people warehoused where their issues are not addressed,” Jordahl said. “There are many folks struggling. They’re worth saving.”
Gesell nodded. “We either accept the status quo that these people are never going to get better or we do something about it …. We’re looking for long-term solutions.”
According to Gesell, the alternative sentencing program penned by Jordahl — with assistance from defense lawyer Michael Shaw — offers defendants a plea or deferral agreement to avoid incarceration, while communicating to them that jail time is waiting should they be unable to meet their obligations. There are seven criteria for entry into the program, though Gesell admitted each item may not apply to all individuals. The defendant must:
- Have roots in the community.
- Have multiple misdemeanor offenses.
- Have a suspected mental illness or personality disorder.
- Be eligible for Arizona Health Care Cost Containment System benefits, Serious Mental Illness benefits or other medical benefits.
- Have a history of homelessness.
- Demonstrate motivation to succeed in the program.
- Not have previously been in the program.
Following the evaluation of the defendant for eligibility, the procedures are defined as follows:
- The defendant decides whether to participate in the program.
- The defendant applies for medical benefits through Yavapai County Jail or Spectrum Healthcare.
- Spectrum Healthcare assesses and develops a treatment plan for the defendant.
- If necessary, transportation is arranged to Spectrum Healthcare or arranged housing.
- If defendant is homeless, he or she may be required to apply for housing during the course of the program.
- A plea agreement or deferred prosecution agreement is entered.
- Post-adjudication, the involved parties may request the court hold frequent review hearings.
Should the defendant be substantially successful with his or her treatment plan and does not re-offend, “a substantially lesser sentence, as set forth in the plea agreement, or dismissal of some or all charges already pled guilty to, would be imposed. In the case of a successful deferral the charges would be dismissed,” according to Jordahl and Shaw.
In addition to compliance with the treatment plan, defendants are required to commit no new crimes, be employed or actively seeking employment if determined to be an appropriate candidate for employment, consume no alcohol or illegal drugs and seek housing if homeless.
Razo praised the program, which she said offers the mentally ill a way to break the cycle of incarceration, in her opinion one of the most disastrous results for any individual suffering from mental illness. “Jail is the least therapeutic place for them, the worst setting but the most often used …. We have a unique opportunity to craft a network around people.”
An essential component of that network — the most crucial one, according to Gesell — is housing. When Lozano stepped up to offer a partnership, she provided not only a way to monitor the progress of defendants in the program, but a stable environment to assist them in their healing. At Angie’s house, an on-site house manager makes sure the physical and emotional needs of defendants are met.
“We’re all neighbors here,” Lozano said. “I feel really great to be a part of this.”
Both Razo and Lozano predicted that once the successes start piling up, even the stigma of being labeled mentally ill will disappear, allowing those suffering from mental illness and homelessness an opportunity to get the help they need.
The beauty of the program, Jordahl added, is that there is a funding stream through AHCCCS or SMI benefits.
“We’re not spending any extra dollars,” Jordahl said.
