(This article comes courtesy of MissouriNet.)
Jefferson City, MO. – Missouri has hundreds of people in jail awaiting a mental health evaluation to determine if they are competent to go on trial for their alleged crimes.
State Rep. Brian Seitz, R-Branson, is proposing to require any person arrested and subject to an evaluation have one within 45 days of their arrest.
“We have inmates that have been held, you know, in local municipalities, cities, and so forth, for upwards of a year awaiting a mental health evaluation,” Seitz told Missourinet.
The long line for a competency evaluation has been an increasing problem for Missouri over the past few years. The American Civil Liberties Union of Missouri just filed a lawsuit against the state because of the delays. According to the ACLU, Missouri law requires an evaluation within 60 days of a court order.
Seitz said the sheriff in his county ask him to propose the legislation.
“It’s not fair to the person incarcerated, nor is it fair to those holding that individual. They’re not necessarily qualified to see to their mental health needs,” according to Seitz.
Seitz said his bill does not currently include specific consequences for the Missouri Department of Mental Health if it fails to meet this proposed requirement.
As for the cost to make this change happen?
“I’m not looking to increase salaries of those in charge,” said Seitz. “If we need boots on the ground, then that’s something we could look at as a state and it may be something that we have to pay for because it would save money in the long run because we would have less people waiting.”
Seitz said his bill does not currently include consequences for failing to meet the deadline, but he said “more teeth” could be added in the future.
“So if we’re taking care of someone’s physical needs, let’s also look at their mental needs at the same time,” said Seitz. “Maybe we can find a way that there would be less crime committed if a person is actually being cared for and given the treatment that they deserve, whether they’re incarcerated or not.”
December 1 was the official start of prefiling bills for the Missouri Legislature’s next session. The session begins January 7 in Jefferson City.
