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No More Jail Time For Mentally IIIBy DAVID OSTERHOIJT Sheriff's Department officials admit thatTimes-News Staff Wilier transportation has been and still is aproblem, although now they have no choiceAudrey Sanders was having emotional problems in late May. When authorities came to the conclusion that the elderly woman might cause harm to herself or lo others, their answer was to iock her up in the county jai! at Blountville.Though the 50*year*old Cloud Apartmentwoman had committed no crime, she found herself in a concrete cell block. She had been placed In a special facility, designed to house juvenile offenders and the mentally ill.Mrs, Sanders waited for the doctor to come «.. one, two, three days passed ... no one saw to her medical needs.Then on May 31, she was admitted to Bristol Memorial Hospital, after a four*day wait.When she was allowed to return home, a neighbor heard this through the thin apartment walls: “She was talking to her dead husband, just rambling or. and on about being in jail — hallucinating. She was highly upset over her stay in jail and feared that she might have to go back.Mrs. Sanders’ emotional troubles did not stop there. Recently, she was admitted to Eastern State Hospital, but when the ambulance crew came to pick her up, her fears loomed again. She was afraid she would be sent back to jail, her friend said.That did not happen. This time, Mrs. Sanders was taken directly to a treatment facility without the detour to Blountville.-A-nd because of a recently-passed state law, giving new safeguards and an extension ot human rights to the mentally disturbed, the Audrey Sanders of Sullivan County will no longer be making the Bloimlvllle connection to Eastern State.This practice, which in the past had been carried out under a cloud of legal doubt, has been legislated into extinction, according to local legal and medical officials.Mrs. Sanders will not be forgotten easily. Her friend called Squire James Myers concerning the woman’s Imprisonment, and Myers said this week that he would make the County Court Safety Committee aware of the incident.Prior to the passage of House Bill 636, which became effective July 2, the menially ill had few of the basic constitutional rights that “healthy,” law-abiding Tennesseans enjoyed. Even accused felons could lake advantage of protections unavailable to the mentally ill.T^hey were a special class, berefl nf adequate due process under the law. And tc-some extent, they still are without all the legal rights guaranteed others, although the gap has been substantially narrowed by the more progressive legislation.But at least now, the mentally ill cannot bethrown in jail while awaiting treatment. They are guaranteed: ‘‘immediate examinations; adequate notice of all hearings and the results of all examinations, the right to an attorney, and commitment proceedings must be carried out under a strict timetable and guidelines.Mrs. Sanders’ friend feels the “no jail” provision is perhaps the most important aspect of the new legislation. He wishes only that the law had been in effect when he had his own personality difficulties.During the past 12 years, the man has required treatment “six or seven times,” and each trip to the hospital was proceeded by a visit to Blountville jail.The longest I was in jail was for 21 days once. No, I hadn’t been charged with any crime: my family would have me committed, and I’m not bitter about It. 1 needed help.“I was put in with the other prisoners (this was before separate facilities were'built). I had two meals a day, almost starved to death, and K didn’t see a doctor for the whole 21 days. Then they finally took me to Eastern State, but when we got there, my commitment papers were messed up, and they wouldn't let me in.‘ The deputies—I guess they were tired of fooling with me—brought me back to Kingsport and let me out on a street corner,”This man’s mother said she was told Ihe reason for the delay was because there was no transportation available to the KnoxvillehoapRal-bul to take the mentally disturbed to Knoxville, or if space is available, to Bristol. But they also-lay part of the blame1 for the lag in treatment square in the laps of area doctors.Capt. Clyde Baldwin, Jailer for Sullivan County, said that in the past, it might have taken five, six or even seven days” to round up the doctors necessary under prior commitment procedures.Kingsport General Sessions Court Judge George Garrett said he also was aware that under the old law, patients were moved first to jail and after medical certification, transferred to Eastern State.And another judge, who asked to remain unidentified, said be too felt the lack of doctors had created a “hold up which led to incarceration.He said he is concerned about anyone-who is held without a speedy trial.”The new legislation specifically states, “No . individual shall'be detained at any jail,” unless he is under arrest for the commission of a crime.Previously, the law dearly proclaimed that the mentally ill shall betaken “immediately” to the nearest doctor, and if the physician determines he should be held, the patient is to be taken ’'immediately” to a hospital or treatment resource.”Since the Blountville jail does not qualify in this respect, Judge Garrett admitted to the possibilty that past practices might have violated the old law.Sheriff’s officials say they simply had no other choice.Though the judges, medical officials and law enforcement authorities contacted by the Times-News praised the new legislation, they also pointed out that its implementation would create at least a few difficulties.From the legal sector, Che complaint is (hat the bill will add to already overcrowded court dockets. Emergency and judicial commitments now will be handled by sessions, circuit and probate courts rather than through the county courts as was previous practice.(One consideration in the minds of legislators, according to Garrett, was that non-lawyer officials were holding commitment powers under the old law. In Sullivan County, this was not the case, Judge Lon Boyd being an attorney.)“TXt’s definitely going to increase, our workload,” commented. Garrett, who is otherwise happy with the new legislation. This will bring on more administrative work (because of stringent notification requirements which must be sent to the parties involved) and we’re already overburdened.”“Wo just don’t have the vehicles and personnel to do this. (Recently) we had to send a car to Knoxville after midnight. And it can tie up two deputies for almost a whole shift, said Laddie Harwood, chief deputy for the Sullivan County Sheriffs Department.Harwood added that on Aug, 9, he and other sheriff’s officials will meet with representatives of Bristol Memorial Hospital. This week, Harwood received indications that the Bristol facility might be used as an alternative to the long trip to Eastern State.Administrator Ron Harrington told the Times-News, I don't think we have the capacity to serve all the county. But we re willing to screen patients as staff and time permits.”Though Kingsport has a mental health program and a psychiatric ward at Holston Valley Community Hospital, that does not mean the city has the capability of handling its own emergency commitments.There is no in-patient service at the Mental Health Center and though the hospital’s ward for the emotionally ill has the necessary beds, it does not have locks on the ward doors nor other security devices to safeguard the severely disturbed, according to Administrator John Dodson,“There has been no real demand for that, he commented.Apparently, Dodson is unaware that the Sheriffs Department had in the past attempted to handle emergency commitment* through HVCH, Harwood said, We’ve always been tokl that they didn’t have the facilities there,
Newspaper Details
Kingsport Times
Kingsport, Tennessee, US
Fri, Aug 01, 1975
Page 17
Full Page
Clipped by
Amie L.
NA, 08 Sep 2021
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