Editorial

With such heightened awareness of mental health issues today, it’s hard to believe we still have systems in place that punish people who suffer from mental illnesses. Unfortunately, these punitive practices are happening in our country’s court system, putting people with mental diseases and addiction under the same umbrella as those who have committed felonious crimes. It is costly not only for those who are punished for their illness, but for taxpayers as well.
It is challenging to live with someone we love who suffers from a mental illness or addiction, and there is good reason for this. According to a SAMHSA (Substance Abuse and Mental Health Services Administration) report, “Mental health and substance use disorders share some underlying causes, including changes in brain composition, genetic vulnerabilities, and early exposure to stress or trauma,” often making them co-occurring disorders. So, if a loved one has depression or an anxiety disorder, he or she will likely have some sort of addiction, too.
If living with someone who has these co-occurring conditions is difficult, it is even harder to lose someone to them. We know this kind of loss intimately. The court system failed our brother and friend, when more than once, he was jailed with no concern for his depression or alcohol addiction. Most recently, he was to be locked up for several months for a probation violation set in motion by a prior DWI. (He broke probation by consuming alcohol, but no associated crime was committed.) On the day of his court appearance, he was suicidal. The court’s response was to put him in solitary confinement in a straitjacket for three days, where he was left alone to detox without access to his prescribed heart medication or a phone. After this dehumanizing experience, he was escorted to the hospital for an assessment and treatment plan, and then released for “self-care” after four days. At that time, probation tried to have him re-arrested, which was averted with the help of an attorney. He followed court and doctor protocols to get himself into treatment (to be followed up by the jail sentence). There were no spots readily available, so he waited indefinitely for a call at home. He died by suicide on April 11, 2023.
This kind of response to a mental health emergency is medieval at best. According to Tricia A. Murphy, MA, a counselor who specializes in addiction and co-occurring disorders, “Detoxing without medical supervision can be fatal. He (our loved one) should have been transferred to a behavioral health unit immediately and not released until a bed at a residential treatment facility became available.”
The system is not geared toward recovery; it is broken, and when the system doesn’t work, probation personnel, prosecutors and others who operate within that system become dysfunctional too. The current probation methodology claims to transform lives, but it is actually punishing those who need help again and again with harsh consequences and stringent rules that keep them from social engagements, job opportunities, and any semblance of hope. We have seen this up close, and it is heartbreaking.
The practice of jailing people for violating arbitrary probation rules that involve no crime is a systemic problem that elevates recidivism nationally and increases the need for tax dollars to facilitate each and every repeated jail stay. The DOC in Minnesota budgeted almost $640 million dollars for corrections in 2023. This amount should concern taxpayers, especially when their dollars are being used to incarcerate people who are not a threat to public safety. (With Minnesota’s pay-to-stay law, inmates themselves are paying too.)
It is not our goal to point fingers at individuals who have wronged us, and we know police officers have a difficult, and often thankless, job. We want the system to change—and for there to be a quick pipeline to accessible mental health and addiction treatment. “Mental health evaluations, mental health courts, community-based mental health approaches, and substance abuse treatment are all important components of a comprehensive approach to addressing mental illness and addiction issues in the court system…the court system's handling of mental illness and addiction issues requires attention and improvement.” (SAMHSA) We want this reform to be the legacy of our loved one so that others do not have to endure what he did. He would be so happy about this.
PLEASE contact legislators to help make it possible:
Rep. Keith Franke, MN House Behavioral Health Policy Division, 651-296-8872, rep.keith.franke@house.mn.gov;
Sara Nelson, MN State Advisory Council on Mental Health, 612-655-5253, Sara.fr.nelson@state.mn.us; or select your government representative at https://www.usa.gov/elected-officials.
For mental health education, support groups, and more, go to www.NAMI.org. For addiction and mental health resources, visit www.SAMHSA.gov.

Respectfully submitted,
Sally Miklos
Sandra Cain
Suzy Tholen
Dana Miller
Marshall, MN