Professional Documents
Culture Documents
January 2012
Table of Contents
Executive Summary ..............................................................................................................................................................iiiii 1. Introduction ..........................................................................................................................................................................1 A. B. A. B. C. D. A. B. C. D. E. F. G. H. I. A. B. C. D. A. B. C. A. B. A. B. C. A. B. C. D. E. F. G. H. I. J. K. What is the Purpose of This Report? ..................................................................................................................... 1 About Families ACT! .............................................................................................................................................. 1 Definition................................................................................................................................................................. 2 Prevalence and Risk Factors ................................................................................................................................. 2 Integrated Treatment and The No Wrong Door Approach ................................................................................... 4 Patients, Street People or Criminals? .................................................................................................................... 5 Cycles of De-institutionalization and Re-institutionalization-A Return to the 1840s .............................................. 6 Defunding Mental Health Care ............................................................................................................................... 7 The Criminalization of Drug Use: a 1200% Increase in Incarceraction of Drug Offenders .................................... 8 The School-to-Prison Pipeline ............................................................................................................................. 9 U.S. Incarceration Rate Highest in the World ......................................................................................................... 9 Californias High Recidivism Rate ........................................................................................................................ 11 Co-occurring Disorders as a Factor in Recidivism ............................................................................................... 12 Paths to Public Safety: Retribution or Rehabilitation? .......................................................................................... 12 Corrections as the New Goldmine ........................................................................................................................ 12 Who Participated? ................................................................................................................................................ 14 An Opportunity for Collaboration .......................................................................................................................... 15 Drug -and Alcohol- Related Deaths ...................................................................................................................... 15 Critically Important Data ....................................................................................................................................... 16 Safety Net or Labyrinth? ....................................................................................................................................... 19 Falling Through the Cracks .................................................................................................................................. 19 A Series of Catch 22s .......................................................................................................................................... 20 The Need for a Centralized, Planned, Sustained Effort to Close the Gaps ....................................................... 25 Voluntary Treatment, Involuntary Treatment or Court-Ordered Treatment .......................................................... 26 A Serious Shortage of Beds ................................................................................................................................. 27 Sober Living Homes ............................................................................................................................................. 28 The Haves and the Have Nots ............................................................................................................................. 28 Years of Challenge ............................................................................................................................................... 30 Crisis and Recovery Emergency Services Walk-In Clinic (C.A.R.E.S.) ............................................................... 30 Assertive Community Treatment (ACT) ............................................................................................................... 30 SOARS ................................................................................................................................................................. 31 Meeting Criteria .................................................................................................................................................. 31 Diagnosing Is Not a Perfect Science .................................................................................................................... 31 Crisis Calls............................................................................................................................................................ 32 Call 911 .............................................................................................................................................................. 33 Blood Alcohol Level .............................................................................................................................................. 34 The Lanterman-Petris-Short Act (italics ours) ...................................................................................................... 34 LPS Conservatorship ........................................................................................................................................... 35
3. Historical Factors.................................................................................................................................................................6
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9. Unserved, Underserved and Trapped Populations ........................................................................................................36 A. B. Whose Mandates? ............................................................................................................................................... 36 Stigma, Moral Judgment and Ignorance of the Facts ........................................................................................... 36
10. A Cost Comparison? .......................................................................................................................................................37 11. What IS Working? ............................................................................................................................................................38 A. B. C. D. E. F. G. H. I. J. A. B. C. D. E. A. B. Santa Barbara City Housing Authoritys Supportive Housing ............................................................................... 38 Phoenix of Santa Barbara (Mainstream Behavioral Health) ................................................................................. 38 WillBridge of Santa Barbara ................................................................................................................................. 38 Mental Health Associations Fellowship Club & Recovery Learning Center - ...................................................... 38 Santa Barbara Jails Sheriffs Treatment Program (STP) ..................................................................................... 38 Restorative Court.................................................................................................................................................. 39 Restorative Policing .............................................................................................................................................. 39 Substance Abuse Treatment Court (SATC) & Methamphetamine Recovery Services ........................................ 39 Common Ground Volunteer Training ................................................................................................................... 40 Ad Hoc Programs Serving the Homeless and Forensic Populations ................................................................... 40 Better Linkage and Coordination .......................................................................................................................... 41 Radical Reform in our Mental Health Care System .............................................................................................. 41 The need for Advocates & Case Managers ......................................................................................................... 42 AB-109: From Punishment to Rehabilitation-Breaking the Revolving Door ......................................................... 43 Meaningful Work / Reduced Recidivism ............................................................................................................... 44 New Jail or Alternatives to Incarceration? ............................................................................................................ 46 Potential Funding Sources ................................................................................................................................... 46
14. Model Programs ...............................................................................................................................................................48 15. Findings and Recommendations ...................................................................................................................................50 Conclusion .............................................................................................................................................................................54 Appendix A: Case Stories .....................................................................................................................................................56 Appendix B: Santa Barbara County Substance Abuse Treatment Court .........................................................................58 Appendix C: The Story of Rick and Gibby ...........................................................................................................................59
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Executive Summary
ntreated mental illness and co-occurring substance misuse are at the core of Santa Barbaras overcrowded jails and prisons, burgeoning homeless population, and recent spikes in our suicide and alcohol- and drug-related deaths. To a large extent the crisis we face is not unique to Santa Barbara and has its roots in historical factors and policy decisions made over the last four decades at the federal and state level. Deinstitutionalization, tough drug laws and mandatory sentencing, the criminalization of drug use as well as homelessness, a punitive rather than rehabilitative criminal justice system, severe cuts to social services and debts incurred by our county mental health department have contributed to the crisis we face today.
In May of 2008, Families ACT! convened The Santa Barbara Task Force on Co-Occurring Disorders to address the need for alternatives to the costly revolving door so familiar to Santa Barbara residents suffering with co-occurring mental health and substance use disorders. This population cycles in and out of jail, prison, emergency rooms, shelters, sober living houses and our streets and is at great risk of dying of suicide, overdose or neglect. The goal of the Task Force was to foster much needed communication and collaboration between criminal justice and treatment providers, document the extent of the crisis and identify obstacles to and opportunities for, effective low-cost, high-impact solutions with an emphasis on residential treatment. A broad spectrum of stakeholders including families, criminal justice agencies and service providers were invited to the table and met roughly every other month for two and a half years. Based on data gathered from Task Force participants, interviews conducted with stakeholders, and a review of working models in other communities, Families ACT! has identified systemic flaws, specific underserved populations, and specific obstacles to effective recovery which these populations face in Santa Barbara. Families ACT! is recommending a series of policy changes, innovative solutions and sustainable funding options to help break the revolving door cycle in our county. Among the challenges Santa Barbara County faces are gaps in services to the dually-diagnosed subpopulation deemed to be dealing primarily with substance use disorders and/or considered less than severely and persistently mentally ill. Many are not considered eligible for Social Security Disability benefits. Neglected by Alcohol, Drug and Mental Health Services (ADMHS) they tend to cycle through the criminal justice system on felony drug charges. Those who are chronically homeless typically face misdemeanor charges related to illegal camping, open containers, petty theft or urinating in public. Effective innovative programs have been put into place to serve these populations, such as the Drug or Treatment Court and Restorative Courts, the Restorative Policing program, homeless jail discharge planning and Justice Alliance. Key elements are needed, however, to maximize the effectiveness of these systems. We have identified several critical gaps in services to this subpopulation, including adequate integrated mental health and substance abuse treatment case management and mentoring acute, transitional and long term residential treatment beds supportive housing meaningful volunteer or work opportunities
Families ACT! proposes various policy reforms, including but not limited to: a radical reform of alcohol, drug and mental health treatment service delivery to bring the department to the people it purports to serve, reallocate resources from middle management to direct services to ensure adequate mobile crisis response, acute hospitalization and street outreach to the homeless population affected by mental health disorders
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a refocusing of Probation and AB-109 funds on rehabilitation programs in contrast to punitive supervision and incarceration a redirection of funding from the District Attorneys office to holistic programs within the public defenders office
A system-integration/Ombuds Office charged with streamlining a fragmented delivery system, improving intra- and inter-system communications, coordination and collaboration between service providers (including law enforcement and judicial systems) Expand Restorative Justice & Restorative Policing Programs A Cadre of Trained Volunteer Mentors, System Navigators, Paraprofessionals A pilot WORK FIRST Program Engage the local business community (Downtown Organization, Milpas Association) in finding solutions A Community Enterprise Center incubate local sustainable businesses Keep Homeless Shelters Open to Residents 24 hours a day with daytime programs More Acute/Psychiatric Beds as demonstrated by a nearly tragic case of Ben Warren held in the county jails isolation cell after two suicide attempts, self-mutilation which required sutures and a refusal to eat or drink. A Crisis Residential Center to receive patients who would otherwise meet criteria for hospitalization or from the psychiatric units, thus providing a less restrictive and less costly option after they are stabilized. A Step-Down Residential Treatment Center -- for persons exiting the detox program, the jail (serving discrete populations or blended with patients exiting the PHF Unit) Expand the number of Licensed Social Model Residential Treatment Homes based on the Phoenix of Santa Barbara model with 24/7 staff for persons with mental health disorders on SSI SSDI disability benefits Establish one or two new houses with 12 beds each yearly. Facilitate development of a Therapeutic Community based on a modified Delancey Street ModelFacilitate establishment of a local businesses in conjunction with a Delancey-model residential educational center housing 15-35 residents. Enhance the Effectiveness of Sober Living Homes Invest in strengthening the therapeutic impact of existing homes by providing residents with case management, a continuum of treatment options, job training and employment. Cottage Hospital at one point a willing participant in a large collaborative effort to write a SAMHSA grant for a treatment center to serve people without private insurance, simple ways that Cottage can help immediately are: o o Provide 2 scholarship beds at 5 East --146 patients/yr for 5 day stay Provide 2 scholarship beds at Cottage Residential Center Inpatient 28-day Program 2 beds for 28 days each would allow 24 patients per year
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1. Introduction
A. What is the Purpose of This Report?
This report is a grassroots response to a pressing need in our Santa Barbara community. The purpose of this report is to: 1. Define and describe the constellation of complex issues that surround the treatment of people suffering from co-occurring mental health and substance use disorders in Santa Barbara County. 2. Document the work and findings of the Santa Barbara Task Force on Co-Occurring Disorders that was convened by Families ACT! in May 2008. 3. Identify underserved populations and summarize critical gaps in our current system which contribute to a cycle which is referred to as a revolving door. 4. Review successful models in other communities for possible adoption in Santa Barbara. 5. Demonstrate how untreated mental illness and co-occurring substance misuse are at the core of our overcrowded jails and prisons, burgeoning homeless population, and the spikes in our suicide and alcohol- and drug-related deaths. 6. Provide a series of recommendations for policy change and implementation strategies that will address the crisis we face and help close the gaps.
http://www.westentech.com/fact/docs/The_Revolving_Door_Article.pdf
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2. Co-Occurring Disorders
A. Definition
For the purposes of this report, we are concerned with adults who are struggling with dual diagnosis, also known as the co-occurrence or co-morbidity of psychiatric disorders and substance use disorders. The term dual diagnosis is convenient, if somewhat misleading, as persons with dual disorders are often not diagnosed or not correctly diagnosed--for years. According to the National Institute on Drug Abuse (NIDA), The term co-morbidity also implies interactions between the illnesses that can worsen the course of both.2 Psychiatric disorders can predispose a person to use or misuse substances, and substance misuse can cause or aggravate psychiatric disorders. NIDA defines a mental disorder as a mental condition marked primarily by sufficient disorganization of personality, mind, and emotions to seriously impair the normal psychological or behavioral functioning of the individual. As such, drug addiction is in itself considered a mental disorder: In fact, the DSM, which is the definitive resource of diagnostic criteria for all mental disorders, includes criteria for drug use disorders, distinguishing between two types: drug abuse and drug dependence. Drug dependence is synonymous with addiction. By comparison, the criteria for drug abuse hinge on the harmful consequences of repeated use but do not include the compulsive use, tolerance (i.e., needing higher doses to achieve the same effect), or withdrawal (i.e., symptoms that occur when use is stopped) that can be signs of addiction.3 Addiction is characterized by NIDA as a chronic, often relapsing, brain disease.4 In Santa Barbara, the population with co-occurring disorders includes young adults still living with their parents as well as chronically homeless men and women who have lost or become estranged from their families. These populations represent both ends of a spectrum of individuals who are falling through the cracks of our eroding system of care. They are at different stages on the same continuum. It is our position that, we must treat the person as a whole--although it may be useful to attempt to discern exactly how each disorder is manifesting and what the relationship is between the two kinds of disorders in the life and psyche of an individual. Addressing both manifestations of disregulation, is the only way to effectively address the challenges the individual faces and the distress his or her dilemma is causing for the collectivefor our community as a whole.
InfoFacts: Comorbidity: Addiction and Other Mental Disorders, National Institute on Drug Abuse (NIDA), March 2011 NIDA Research Report Series. Comorbidity: Addiction and Other Mental Illnesses, Oct 2010, p. 2 National Institute on Drug Abuse (NIDA), InfoFacts: Understanding Drug Abuse and Addiction, Revised March 2011. 5 http://www.kenminkoff.com/ccisc.html 6 Mental Health: a Report of the Surgeon General, 1999
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significantly higher among patients with psychotic illness than among those in the general population7 and that, compared with the general population, people addicted to drugs are roughly twice as likely to suffer from mood and anxiety disorders, with the reverse also true.8 The most recently available estimates from SAHMSA are that 5.4 million U.S. adults have cooccurring substance use and psychiatric disorders, and that only 10% of these receive care for both conditions concurrently.9 According to reports published in the Journal of the American Medical Association (JAMA), nationally: Roughly 50% of people with severe mental disorders are affected by substance abuse.10 37% of alcohol abusers and 5 % of drug abusers also have at least one serious mental illness.11
Risk factors include involvement with the criminal justice system and homelessness. According to the U.S. Bureau of Justice statistics: 65.8 % of local jail inmates met criteria for a substance use disorder in 2006.12 64% of jail inmates in 2005 had mental health problems (defined by a clinical diagnosis, having received mental health treatment during the prior 12 months or experiencing subclinical levels of symptoms based on the DSM-IV).13 32.9 % of state prison and county jail inmates in 2005 had a mental health disorder (defined as any past diagnosis or history of treatment of a psychiatric disorder).14
In addition:
According to The National Institute on Drug Abuse, in the United States as a whole, a substantial portion of jail and prison inmates have co-occurring disorders: 25.5% of local jail inmates in 2006 had co-occurring mental health problems and substance use disorders. 15 16% of jail and prison inmates have severe mental health and co-occurring substance abuse disorder.16 72% of local inmates with a serious mental illness had a co-occurring substance use disorder, dependence or abuse, according to a 2011 review of U.S. Department of Justice statistics. 17 As many as 50% of all veterans diagnosed with PTSD also have a co-occurring substance use disorder (SUD),18
Substance Abuse and Co-occurring Disorders Knowledge Asset, Web site created by the Robert Wood Johnson Foundations Substance Abuse Policy Research Program, Mark P.McGovern, Ph.D., Mar 2010 http://www.saprp.org/knowledgeassets/knowledge_results.cfm?KAID=12 8 Ibid. InfoFacts March 2011 9 Ibid. Substance Abuse Policy Research Program citing on 2008 SAMHSA research 10 National Alliance on Mental Illness (NAMI) 2005 11 Ibid. 12 U.S. Bureau of Justice Statistics Reports, Prisoner in 2006 & CASA analysis of Survey of Inmates in Local Jails (2002) 13 Friedmann, P. D., Taxman, F.S. & Henderson, C.E. (2007) cited in CASA, Behind Bars II p. 26 14 Ibid. 15 The National Center on addiction and Substance Abuse(CASA) at Columbia University (2010). 16 Ibid. 17 2011 report based on a review of medical literature and Department of Justice statistics (presented at 2011 Annual Meeting of the American Academy of Psychiatry and cited in Clinical Psychiatry News: Severe Mental Disorders Highly Prevalent in Jails, Prison.) Refersto SAMHSA statistic.
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In addition, Jail inmates with mental health disorders are twice as likely as inmates without mental illness to have been homeless.19 An estimated 50 percent of homeless adults with serious mental illnesses have a cooccurring substance abuse disorder.20
In Santa Barbara County: 7 out of 10 drug court participants have co-occurring chemical dependency and mental health problems.21 72% of Santa Barbara County inmates had current or prior drug or alcohol charges on 2/2/10.22 The percentage of our dually diagnosed offenders rose over 70% in six years.23
19 20 21
Op. Cit. Bureau of Justice Statistics Special Rep ort: Mental Health Problems of Prison and Jail Inmates Op. Cit.NIDA InfoFact. Santa Barbara County ADMHS data,2006. 22 Data provided to Families ACT! by Sergeant McWilliams of the SB Sheriffs Department on 9/21/11 23 ADMHS Data, 2006 cited in Santa Barbara County Alcohol, Drug and mental health Services Clean and Sober Drug Court (CSDC) SAHMSA Grant Application, March 2010. 24 Op. cit. NAMI 25 Ibid. 26 KenMinkoff.com
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In Search of Solutions to Santa Barbaras Revolving Door Research reported by Mueser, et al. in 199727 and Mercer-McFadden, et al. in 199828 showed that treating co-occurring disorders through separate service systems is ineffective. Parallel or sequential treatment models are less than ideal. According to NAMI, Effective integrated treatment consists of the same health professionals, working in one setting, providing appropriate treatment for both mental health and substance abuse in a coordinated fashion. The caregivers see to it that interventions are bundled together, with no division between mental health or substance abuse assistance. The approach, philosophy and recommendations are seamless... 29 The No Wrong Door philosophy in dual diagnosis treatment requires that each provider accept the responsibility to provide clients with, or link them to, appropriate services, regardless of where the client enters the system. It requires that relationships be built between providers and agencies to prevent clients from falling through the cracks between the jail, county mental health, detox centers, shelters, hospitals, etc. 30
27
Integrated treatment for dual disorders:A guide to effective practice, Kim TornvallMueser, Douglas L.Noordsy, Robert E. Drake. 28 Substance Abuse Treatment for People with Severe Mental Disorders, A Program Managers Guide, New HampshireDartmouth Psychiatric Research Center, 1998 29 Op. cit. NAMI 30 More Mentally Ill Persons Are in Jails and Prisons Than Hospitals: A Survey of the States, May 2010 Report by the Treatment Advocacy Center, p. 1, http://www.treatmentadvocacycenter.org/storage/documents/final_jails_v_hospitals_study.pdf
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3. Historical Factors
he crisis Santa Barbara now faces as evidenced by an overcrowded jail, increasing visible homelessness and homeless deaths and spiking overdose deaths, is not unique to our community and has its source in historical and political realities beyond the control of local jurisdictions. Deinstitutionalization, the international drug trade, drug laws and mandatory minimum sentencing legislation put into place in the 1980s and 1990s, as well as federal and state disability regulations and the current state of our economy, have all shaped the complex realities we now confront.
The report also notes that: For the approximately half of discharged patients who have ended up homeless or in jails and prisons, [deinstitutionalization] has been a personal tragedy. Although
31
More Mentally Ill Persons Are in Jails and Prisons Than Hospitals: A Survey of the States, May 2010 Report by the Treatment Advocacy Center, p. 1, http://www.treatmentadvocacycenter.org/storage/documents/final_jails_v_hospitals_study.pdf
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deinstitutionalization was well intentioned, the failure to provide for the treatment needs of the patients has turned this policy into one of the greatest disasters of the 20th century.32 At a 1973 hearing in the California State Senate, The San Joaquin County sheriff testified prophetically that a good deal of mental illness is now being interpreted as criminality. This was the case in our country back in the 1800s as well, until Dorothea Dix took over a reform movement that led to the establishment of mental hospitals and a more humane treatment of mentally ill persons. Thanks to her tireless advocacy, mentally ill individuals were treated in hospitals for over one hundred years. Then, once again, the pendulum swung back the other way. A process of deinstitutionalization began in California in 1956 under Republican Governor Goodwin Knight, and the state mental hospitals began to empty out. This process continued through the 1960s under Democratic governor Edmund Pat Brown, and was well underway when Ronald Reagan vowed to close them in the 1970s. Liberals and conservatives, each for their own reasons, whether based on civil liberties or cost-cutting, aligned to close state mental hospitals. The institutions themselves began to close in the 1990s in large numbers. From 1955 to 1980 the population in state mental hospitals fell from 559,000 to 154,000! According to a report by the Kaiser Commission on Medicaid and the Uninsured, Looking backa primary problem was that mental health policy-makers overlooked the difficulty of finding resources to meet the needs of a marginalized group of people living in scattered sites in the community. Funding streams were uncoordinated. Even when needs were eventually recognized, it was difficult to braid together a comprehensive service package.33 This same report cites the fact that 136,000 people with severe mental illness where incarcerated in 2000. 34
More Mentally Ill Persons Are in Jails and Prisons Than Hospitals: a Survey of the States, Treatment Advocacy Center, May 2010, p.11 33 Learning From History: Deinstitutionalization of People with mental Illness as Precursor to Long-Term Care Reform, The Kaiser Commission on Medicaid and the Uninsured, p.2 34 Ibid., p. 13, citing Frank, Richard G, Glied, Sherry A., Better but not Well: Mental Health Policy in the United States since 1950, The Johns Hopkins University Press 35 Bazelon Center for Mental Health Law: Disintegrating Systems: The State of the States Public Mental Health Systems. Washington, DC, Bazelon Center for Mental Health Law, 2001 in Response to the Presidential Addressthe Systematic Defunding of Psychiatric Care: A Crisis at Our Doorstep, Paul S. Appelbaum, M.D., American Journal Psychiatry 2002; 159:1638-1640. 10.1176/appi.ajp.159.10.1638 36 Ibid. 37 Ibid.
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Those who foresaw the collapse of mental health care a decade ago looked to mental health parity legislation as a possible solution. When the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act was passed in 2008 after a twelve year fight, Patrick Kennedy, who has struggled with depression, alcoholism and drug abuse , hailed it as one more step in the long civil rights struggle. "For far too long, he added, health insurance companies have used the stigma of mental illness and substance abuse as an excuse to deny coverage for those biological disorders. 38 Unfortunately, Medicaid is exempt from parity because it is an entitlement program and not subject to the provisions that regulate private insurance.
By 2006, there were 1.9 million substance-involved offenders behind bars in America; an increase of 43.2 percent from 1996.44
38
After 12 years, Wellstone mental health parity act is law, Fred Fromer, Associated Press, October 3, 2008. Minnesota Public Radio new 39 Jim Webb, U.S. Senator from Virginia http://webb.senate.gov/issuesandlegislation/criminaljusticeandlawenforcement/Criminal_Justice_Banner.cfm 40 See Appendix B 41 th A Nation of Jailbirds, Lexington. The Economist, April 4 , 2009. 42 Op. cit., Behind Bars II, p. 9 43 Ibid. 44 Ibid. Behind Bars II, p. 9
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Substance-involved inmates are those who either had a history of using illicit drugs regularly, met medical criteria for a substance use disorder or were under the influence of alcohol or other drugs when they committed their crime.45
45 46 47
Ibid. p. 10 http://www.ed.gov/ #3 Civil Rights Data Collection March 2012 survey of schools/ cited in Finding Direction. Source: Organization for Economic Co-Operation and Development, Factbook 2009: Economic Environmental and Social Statistics (Paris, France: Organization for Economic Co-Operation and Development, 2009)
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In Search of Solutions to Santa Barbaras Revolving Door no evidence that imprisonment reduced or delayed recidivism, either for felony offenders generally or for drug offenders specifically. To the contrary, we found that offenders sentenced to prison failed more often and more quickly than offenders placed on probation and that incarcerated drug offenders had significantly higher recidivism rates than any other offenders. 48
Note: U.S. population grew by only 2.8 times during the same period.
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The Effects of Imprisonment on Recidivism Rates of Felony Offenders: A Focus on Drug Offenders, Spohn, Cassia and David Holleran, Criminology, Vol 40, No. 2 (2002): p. 329-58
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In just 26 years, between 1980 and 2006, the number of Americans under state correctional control for drug offenses increased fourteenfold, while the number of violent offenders increased only threefold.49 Twenty-one percent of state prisoners in 2001 were behind bars for nonviolent drug offenses, compared to 9% in 1985, whereas 57% of inmates are serving time for drug offenses. 50 Incarceration rates for blacks and Latinos are more than six times higher than for whites and sixty percent of Americas prison population is either Latino or African American. One out of twelve working-age African American males is in prison and 21 percent of those between 25 and 44 have been imprisoned. If current trends continue, one-third of all black males will go to prison during their lifetimes. 51 According to Glenn Greenwald, multiple, complex factors contribute to this racial disparity, but it is clear that Americas harsh laws and the unequal enforcement of them play a large role.52
With Liberty and Justice for Some, Glenn Greenwald, Metropolitan Books, Henry Holt and Company, LLC, 2011. P. 242 The Politics of Injustice, Crime and Punishment in America Katherine Beckett and Theodore Sasson. 200 thousands Oaks, CA: Pine Forge Press, Sage. 51 Ibid. pp 242-243 52 Ibid. p, 243 53 California Department of Corrections And Rehabilitation, 2010 Adult Institutions Outcome Evaluation Report, p. 11 54 Tim Findley, Story Behind the DecisionDramatic Prison Reform, San Francisco Chron., January 7, 1972, at 1, 26.
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officers were incentivized to recommend incarceration rather than probation to reduce their heavy caseloads, transfer the financial responsibility to the state and avoid the liability posed by a probationer who might reoffend. 55Radical probation reform legislation was passed in 2009 tying state funding to a demonstrated reduction in recidivism and revocation rates among felony probationers. SB 678, which passed both houses of the state legislature without a single No vote and its companion legislation, the California Budget Act of 2009, were designed to address this chronic underfunding and to promote the development of evidence-based supervision practices. According to a former Sacramento Superior Court Judge, the principal reasonjudges are sentencing too many non-violent offenders to prison is the absence of effective community corrections programs providing intermediate punishments and necessary and appropriate treatment and rehabilitation services.56 The states notorious recidivism rate is in part a reflection of probation policies and practices, which, since the 1980s until the very recent past, focused on punishment, surveillance and detection of often minor probation violations.57 Three quarters of departments responding to a 1995 survey of California probation departments considered enforcement of the terms of probation as the top priority, whereas only eight percent regarded rehabilitation and social reintegration as the top priority. 58
55
Reforming Adult Felony Probation to Ease Prison Overcrowding: An Overview of California S.B. 678, January 2011. From the Selected Works of Jessica Feinstein. 56 Ibid, p. 12 57 Nora Harlow & E. Kim Nelson, Management Strategies for Probation in an Era of Limits i-iii (National Institute of Corrections, rev. April 1986); Nieto, supra note 4, at 7, Cited in Federal Sentencing Reporter, Vol. 22, No.3, Feb 2010, Probation Reform in California: Senate Bill 687, Roger K. Warren, p. 187 58 Op. Cit. Nora Harlow 18-19. 59 Behind Bars II, Substance Abuse and Americas Prison Population, February 2010. 60 American Journal of Psychiatry 2009;166:103-9 61 Improving Outcome for People with Mental Illnesses under Community Corrections Supervision: A Guide to ResearchInformed Policy and Practice, Council of State Governments Justice Center, NY, NY 2009 62 Finding Direction, Expanding Criminal Justice Options by Considering Policies of Other Nations (Executive Summary), Justice Policy Institute, p. 3
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In Search of Solutions to Santa Barbaras Revolving Door with its tough on crime politics and a belief in the deterrent effect of harsh sentences; the United States has implemented criminal justice policies based on retribution and incapacitation instead of rehabilitation. Furthermore: The U.S. has an adversarial system that encourages conflict and incentivizes winning. It budgets over twice the amount of money for prosecution as it spends on public defense. England and Wales allocate approximately 4 times as much funding for public defense as for prosecution. The following recommendations from Finding Direction are relevant to our current dilemma. Scale back sentence lengths, especially for possession of small amounts of illegal substances. Such broad sentencing structures are significant contributors to the number of people in prison in the U.S. and are not the best or most cost-effective way to protect public safety. Rely first on a public health strategy to address drug abuse, including treatment and harm reduction. Refocus [probation] and parole toward social work rather than policing. Include a behavioral or mental health component to reentry services.as well as sociological factors like housing, employment, and education. Prioritize spending on strengthening and expanding institutions such as education and employment, especially as they have been shown to not only decrease incarceration, but also improve public safety. Positive methods of promoting public safety may be more effective, especially in the long run
In short, rehabilitation as opposed to punishment is needed to ensure public safety and reverse our high recidivism rate. Persons now being prosecuted for personal possession of illegal substances should be offered behavioral health treatment and helped to find housing, employment and educational opportunities in order to break the revolving door cycle. Restorative policing and restorative courts are proving invaluable in our community. Perhaps its time for restorative supervision. In the words of LaDonna Thompson, Kentuckys Corrections Commissioner, we cant afford to keep building prisons as a short-term solution to public safety. What were after is lasting public safety. And the way to get there is to have effective reentry programs. Incapacitation by itself will not do it. According to Max Williams, the Director of Oregons Department of Corrections, We should look at some immediate markers that we know have a linkage to recidivism look at the barriers to effective reentryessentials like housing, employment, and continuity of health and mental health care. 63
I.
Reducing Recidivism, Public Safety Performance Project, the Pew Center on the States, December 2011 Public Safety, Public Spending, Public safety Performance, A Project of The Pew Charitalbe Trusts, p iv
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In Search of Solutions to Santa Barbaras Revolving Door $133 in net income in 2010.65 In 2008 Geo Group earned $61 million, up from $38 million in 2007 and reported earning of $20 in the first quarter of 2009. 66 This industry and their executives and lobbyist gave $3.3 to candidates and state political parties in 44 states to help craft the penal system to their advantage.67
65 66
Freedom Watch: Jailhouse Bloc by Harvey Silverglate and Kyle Smeallie, December 9, 2008 The Phoenix.com/Boston Corp Watch 2009 67 National Institute on Money in State Politics 2004
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n May of 2008, Families ACT! convened the Santa Barbara Task Force on Co-Occurring Disorders to sound an alarm bell and address the critical need for alternatives to the costly revolving door so familiar to Santa Barbara residents suffering with dual disorders who cycle in and out of our jail, prisons and emergency rooms, who sleep in shelters, sober living houses or on streets, and are increasingly dying of suicide, overdose or neglect. Although Families ACT! was founded by parents of young adults, and advocates for families who are still actively struggling to help find recovery and compassionate and effective treatment for loved ones, we recognize the needs our loved ones share with those who may have lost or become estranged from their families and have become chronically homelessness. The goal of the Task Force was to 1) foster communication and collaboration between all stakeholders including very different sectors of our county who currently interface with people with co-occurring disorders, 2) document the extent of the crisis and 3) identify obstacles to and opportunities for effective, low-cost, high impact solutions with an emphasis on transitional residential treatment beds. The Task Force was unique. It was conceived and hosted by a fledgling grassroots organization with fresh eyes but very limited resources and no experience in public policy reform. Despite drastic funding cuts, competition for dwindling resources, controversial ballot measures, and other obstacles to collaboration encountered by participating departments, programs and agencies over the course of the nearly two and a half years that the Task Force met, the initiative established the need for fundamental changes in the way we treat persons with mental health and substance use disorders. Participants got an education in politics and an overview of the disjointed patchwork of agencies and programs serving persons with co-occurring disorders. The groundwork was laid for the county to pick up where the Task Force left off and work to create a more humane, cost effective and efficient way to organize our service delivery system, mitigate the effects of the revolving door syndrome and better serve our dually diagnosed population.
A. Who Participated?
The Task Force met every other month from May 2008 through October of 2010. A broad spectrum of stakeholders including family members, consumers, city and county government agencies and community-based service providers were invited to participate. While the mix of attendees varied from meeting to meeting, attendance was consistently good. Participants included representatives from:
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Santa Barbara City Council Santa Barbara County Board of Supervisors Public Defenders Office District Attorneys Office Superior Court County Sheriffs Department Police and Narcotics Probation Departments Alcohol, Drug and Mental Health Services (ADMHS) City Housing Authority Cottage Hospital Hotel de Riviera Bringing Our Community Home (BOCH) Council on Drugs and Alcoholism (CADA)
15
Phoenix of Santa Barbara New Beginnings Counseling Center Stalwart Clean and Sober Recovery Road City College Alcohol and Drug Counseling Program
68 69
See Appendix A Expert Advises Santa Barbara on Suicide Spike, Santa Barbara Independent, 2/24/2010 http://www.independent.com/news/2010/feb/24/expert-advises-santa-barbara-suicide-spike/?print
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Of the 45 deaths among homeless population in Santa Barbara between1/1/09 and3/31/10:70 20% were related to illicit drugs 18% were directly attributable to alcohol 38% were alcohol-or-drug-related 65% were related to some form of substance abuse (alcohol, illicit substances, tobacco, or polysubstance abuse). 89% of decedents had a mental health diagnosis
Santa Barbara social worker Ken Williams became the chronicler of homeless deaths while Families ACT! queried the Coroners Office for over a year regarding how many Santa Barbara county residents as a whole were dying of overdoses and suicides. The files were provided to Families ACT! Advocates and Isabelle Walker of the homeless blog, and several months later, an official document was filed as required every three years by the Coroners office with the state of California Alcohol and Drug Programs. Both drug and alcohol deaths and suicides spiked in 2009. These figures included 4 suicides among young Hispanic youth/men and 45 deaths (including several in the first 3 months of 2010) among the homeless. If you include accidental deaths possibly related to drug and/or alcohol intoxication, there were 111 deaths related to drugs and alcohol in 2009. Toxicology screens of many who died of fatal overdoses point to an epidemic of prescription drug abuse aided and abetted by at least one local physician who was prescribing profound doses of narcotics such as OxyContin, Fentanyl and Dilaudid.71
Death and Violence Against Homeless Persons in Santa Barbara County: January 1, 2009 through March 31, 2010. August 2010 report, revised July 29, 2010 71 http://www.huffingtonpost.com/2012/01/06/julio-gabriel-diaz-candy-_n_1189376.html?view=print&comm_ref=false
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In Search of Solutions to Santa Barbaras Revolving Door Roger Herrouxs Report on Homelessness Services in the County of Santa Barbara 2/200 In 2005 the Public Health Department treated 4.082 unique homeless individuals 33% had some degree of mental illness over 50% had substance abuse problems
Santa Barbara Common Ground Homeless Vulnerability Index Survey 1/2010: Of 1,143 completed survey, based on self-reporting: 57% mentally ill 34% severely mentally ill 42% had a drug problem 51% had an alcohol problem 77% had been in jail in last year 24% had been in prison in last year
Snapshot of Santa Barbara County Jail Population of 1073 on 2/2/10: 15% on mental health medications 72% had current or prior drug or alcohol charges
This kind of data is critically important in monitoring the health of our community and should be easily accessible to officials and members of the public. These demographics in themselves are indicative of a community in crisis. They are grounds for a coordinated initiative to take stock of the current status of our system of care and the options we have at our disposal to weave our social safety net back together again. During the course of the three and a half years that Families ACT! conducted Task Force meetings and mapped the gaps in our safety net, data requested from ADMHS, the Sheriffs Department and the Superior Court was not always available or readily provided. In several cases, it took several months and in at least one case over a year to have the request filled. Toward the end of 2009, the Coroners Department was unable to provide figures documenting the number of drug-and alcohol-related deaths for most of the preceding year, citing a lack of staff. 2009 did prove to be a record year in terms of the number of deaths from various causes, but it wasnt until Families ACT! advocates mentioned the difficulty they were having getting the data in public testimony at the Board of Supervisors hearing, that the Coroners Office agreed to make it available in un-tabulated form. Later, the same representative from that office admitted that they were rethinking their classification and color-coding methodology. When Sergeant Sandra Brown took over as Supervisor of the Coroners Office, a new system of classification was instituted retroactively whereby a new category, Alcohol and Drug Deathswas created, which did not include deaths involving various sorts of accidents possibly but not conclusively related to the use of alcohol and/or drugs. Alcohol and Drug Deaths for 2009 totaled 75, whereas our records of Alcoholand Drug- Related Deaths for 2009 had totaled 111.
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he Task Force meetings afforded Families ACT! the opportunity to conduct a series of interviews with a variety of stakeholders including service providers, family members and persons who have fallen through the cracks in the safety net or found themselves caught in the revolving door.
Our objective was to examine myths circulating about how the system works, to identify and shed light on some of the most glaring gaps involving ADMHS, the criminal justice system and Cottage Hospital and the interface between them, to document the need for reform and to recommend specific changes in policies and practices designed to stop the revolving door and better serve our dually diagnosed population. Adults with co-occurring disorders in South Santa Barbara County might interface with: Alano Club Alcoholics Anonymous Alcohol Drug and Mental Health Services (ADMHS): - C.A.R.E.S clinic - Calle Real Clinic - Assertive Community Treatment (ACT) - Psychiatric Health Facility (PHF) City or County Housing Authority Cottage Hospital Police Department Probation Department Sheriffs Department (County Jail) Superior Courts; Treatment and Restorative Courts Courts: commissioners, judges, public Defenders and district attorneys Probation Department The California Department of Corrections and Rehabilitation (parole) The California Department of Rehabilitation Public Health Department Social Services Department Neighborhood Clinics New Beginnings Counseling (inc. Safe Parking Program) The Rescue Mission & Bethel House Casa Esperanza Homeless Shelter The Salvation Army Hospitality House Hotel de Riviera Council on Drug and Alcoholism (CADA) & Project Recovery & Detox Center Phoenix of Santa Barbara Sanctuary Mental Health Association (Friendship Center & Garden Street Apartments) The Warming Centers set up on some winter nights at specific churches Sober Living Homes: esp. Stallwart Recovery on Castillo Street Casa Serena Bringing Our Community Home Independent Living Center Legal Aid Foundation Recovery Road
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The Sobering Center Vista del Mar Hospital (Aurora Behavioral Health Care) in Ventura WillBridge of Santa Barbara
Many people fall through the cracks between these city/county agencies and private providers. Santa Barbara Mayor Helene Schneider speaking in 2010 about youth suicides remarked that: Right now, so many agencies are working to help the same people, but people sometimes need to talk to five or six different agencies before they can get the proper help. How is that benefiting the person in need?72 This statement applies in the case of the dually diagnosed population of Santa Barbara.
72
http://www.independent.com/news/2010/feb/20/suicide-increase-prompts-action/?printSurfsurvey
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over one year and never once contacts his parents, who have no idea what prison he is in or how he is or if he is until an advocate/attorney helps to locate him. CASE #3 - Part I. During a period of financial stress at ADMHS, a young suicidal C.A.R.E.S. client diagnosed with schizophrenia is admitted to the PHF unit but is reclassified before his discharge as primarily substance user. His case manager from C.A.R.E.S. convinces him to take a plea deal being offered to him and he is sent to state prison for a series of minor probation violations including not showing up at a court hearing. CASE #5 A 22 year old inmate at the Santa Barbara County jail with Aspergers Syndrome stops eating, drinking and talking. After engaging in self-mutilation and suicide attempts, he is placed naked in the jails safety cell until a representative of the family gains admission to the jail to alert family and community. After his mother and Families ACT! publicize his condition, he is transported to the hospital for forced fluids. After the mothers hold a press conference in front of the jail to draw attention to his plight, the Sheriffs Department claims that there were insufficient beds at the Psychiatric Health Facility to house him. See additional examples and the rest of the story for Case #3 in Appendix A.
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The word on the street is that Project Recovery Detox is now free to homeless men, but women have to get to North County and pay $750. Adult male finds a few weeks of sobriety and realizes he has been self-medicating an underlying mood disorder for years. He calls the C.A.R.E.S. walk-in mental health clinic, is hastily assessed on the phone and told to call back when he has six months of sobriety. Anxiety is at the root of addiction in many cases, but most effective anti-anxiety medications are not allowed in jail, in residential treatment centers or sober living houses, because of the potential for abuse by the patient and others. Suboxone, Naltrexone, Methadone and other substances have proven useful in the treatment of drug addiction and should be more widely available under controlled circumstances to assist addicted individuals in their recovery and to protect them from unnecessary risk of incarceration.
Getting and Losing Disability Benefits Case workers, advocates and family members will attest to how excruciatingly difficult it can be to convince someone with a mental health disability to apply for benefits and reapply if they are incarcerated or turned down. The more severely impaired they are, and therefore the more critically they need benefits, the more difficult it typically is. In addition, You cannot apply for disability benefits from jail or prison If you have applied for (or have received) benefits, and are incarcerated for more than 30 days, you will probably need to start all over again. Most people who apply for benefits are turned down the first (and often the second) time. In 1996 Congress passed Public Law 104-121, which terminated SSI and SSDI benefits to individuals disabled primarily by drug addiction and alcoholism.73
Human Rights Violations The disregard for human rights of people with mental health and dual disorders is becoming commonplace as a result of legislation, policies and practices adopted over the last forty years. Being on parole or having a felony on your record affects a persons right to vote, serve on juries, and be free of discrimination in employment, housing, education, and in terms of receiving public benefits. Young adults who have experienced a first break, or initial psychotic episode denoting the presence of schizophrenia, bipolar condition, severe anxiety or depression are frequently using substances or behaving in ways that draw the attention of law enforcement and become caught up in a judicial system which imposes certain conditions and can side track the individual and their family and divert them from a path to treatment. Persons who are using medications which are working well for them are often denied them when they are incarcerated. Others who refuse medications necessary to their mental stability are placed often naked in the jails safety cells and observed like an animal in a cage. Under California H&S code 11590, drug offenders are required to register at the Police (or Sheriffs) Department as a controlled substance offender and provide a sample of their DNA from a saliva or cheek swab sample to be kept on file. For five years, any address change must be provided within 10 days.
73
At the time of the legislation, approximately 210,000 of all SSI and SSDI recipients (1.5 percent) were classified as drug- and alcohol-disabled. Alcohol & Drug Abuse: The Impact of Terminating Disability Benefits for Substance Abusers on Substance Use and Treatment Participation, Katherine E. Watkins, M.D., M.S.H.S.; Deborah Podus, Ph.D. Psychiatric Services 2000; 51:1371-1381
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In Search of Solutions to Santa Barbaras Revolving Door Vulnerable drug offenders are often propositioned by law enforcement to be used as informants, which puts them in compromising and sometimes life-threatening situations. Despite the fact that the Santa Barbara Police, Probation and Sheriffs departments have recently demonstrated great willingness to collaborate in finding solutions to the dilemma we face, they have been challenged in ways they have not been trained for in dealing with such a large population of offenders with mental health and substance use disorders, The county department in charge of serving persons in need of alcohol, drug or mental health services is not defending its target population from ending up in a state prison. A young Latino dually diagnosed client at the Countys Calle Real Mental Health Clinic traumatized by the death of several family member is facing a prison sentence for a series of minor drug violations. The prosecutor uses a letter from his psychiatrist at ADMHS stating that he missed many appointments and opining that he was malingering. The judge sentences him to state prison for two years.
HIPAA Regulations Ironically, in a system fraught with so many human rights violations, the Health Insurance Portability and Accountability Act (HIPAA) regulations designed to protect the privacy of a clients health information often act as yet another hurdle to getting help for someone who is mentally or behaviorally disregulated to the point that they pose a danger to self and others: Young adult client of ADMHS with schizophrenia has gone off of her medication and has been seen wandering the streets for 11 months. She calls her mother and says she has checked into a motel. In fact she is in a psychiatric unit in another town but hasnt signed a release form, so personnel will not relay any information to her only real advocate in the worldher mother. See additional examples in Appendix A.
The Right To Remain Ill Extreme mental disregulation typically involves an inability to properly care for oneself, but the common interpretation of laws relating to grave disability protects many mentally ill people from being involuntarily confined or coerced into treatmentessentially protects their right to be abused, die alone on the street, or be arrested and sent to jail or prison. A young adult has been psychotic for over a year since she went off her medications. She is covered by insurance and shows up at the psychiatric wards of five hospitals within a several hundred mile radius and stays several days but does not agree to take regular medication or see a mental health professional on a regular basis. According to the Treatment Advocacy Center, approximately 50 percent of individuals with schizophrenia and 40 percent of individuals with bipolar disorder suffer from anosognosia, or the inability to perceive that they are ill, presumably caused by impairment of the right hemisphere of the brain.74 Some believe this is one of the main reasons why many persons with severe mental illness do not take their medications, although the intense side effects of many psychotropic medications is a likely alternative explanation for this phenomenon in many cases. In cases where it is clear that an individual benefits from medication it often takes decades for that person to realize that this is the case. In the interim, their life, and that of those they come into contact with, can be chaotic in the extreme. This is one of the most problematic aspects of the crisis we face. If you cannot force someone to stop drinking or to take their medications, and you cannot confine them for their own safety except in a jailthey will end up on the streets, in a jail or prison, or dead. At the same time, we can all conceive of the potential for abuse, should it become easier to medicate someone forcibly.
74
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In Search of Solutions to Santa Barbaras Revolving Door Unless a county has agreed to make provisions for Lauras Law or Assisted Outpatient Treatment, someone with severe mental illness can generally not be forced to take regular medication. In 2003 Santa Barbara County opted not to adopt Lauras Law after ADMHS argued that it would be too costly and difficult to enforce. Instead, in 2010 ADMHS initiated a pilot program called ACTOE whereby 15 slots would be set aside in their ACT program for high risk clients. Despite the tremendous need perceived by family members for the kind of help Lauras Law would provide in certain cases, to date, ADMHSs regional manager reports that one client has benefited from this program. Cottage Hospital Negotiations broke down between The County of Santa Barbara and Cottage Hospital in 2007 when the Interim Director of ADMHS proposed to cut the daily rate paid to Cottage Hospital for the psychiatric admission of Medi-Cal clients by 40%--retroactively. The ER has become a staging area for patients who will be placed on 5150 hold (placed on an involuntary psychiatric hold) and provides 24 hours of stabilization for persons in a psychiatric crisis that will not be hospitalized anywhere. People with co-occurring disorders, many of whom are without insurance and many of whom are chronically homeless, fill the Emergency Room and waiting room. After doubling within a little more than a year between 2007 and 2009, Emergency Department traffic decreased by 10% between 2009 and 2011 whereas the length of time that psychiatric patients spend in the ED prior to transfer to a 5150 or discharge to CARES has increased by 55% from 2009-2011.75 In 2009, Cottage Hospital Emergency Department discharged 267 homeless patients to the streets, almost always at their request. Casa Esperanza received 306 Cottage Hospital patients between January and September of 2009. WillBridge of Santa Barbara received 15 during this period.. The Hospital donates money to both programs to accept their homeless patients. Casa Esperanza received $125,000. Casa Esperanza bills the hospital $39 for every medical bed night a patient spends at Casa. After that the beds will be provided for free. Once you set foot in the Cottage Hospital Emergency Department, EMTALA regulations require Cottage Hospital to stabilize you without asking about payment. But what happens after you are medically stabilized or what if you cannot be stabilized mentally and dont have insurance? The Probation Trap In Santa Barbara County, approximately 631 probation violators and 973 parole violators were booked into the County jail in 2009, whereas 560 and 858 respectively were in 201076out of a census of about 1,000 or 1,100 inmates at any given time. Often, minor offenses can lead to being violated, as numerous stakeholders will testify. In a snapshot taken on 2/2/10, 72% of the 1073 offenders in the county jail system as a whole had current or prior drug or alcohol charges.77 Families ACT! constituents and other stakeholders have independently observed the lingering effects of punitive rather than rehabilitative probation practices as they affected persons with cooccurring disorders in Santa Barbara County. Many stakeholders noted that, once a person with co-occurring disorders has been arrested, a cycle begins which tends to lead away from any of the doors to treatment. Too often this person instead enters a revolving door characterized by a series of Catch-22s. One is no longer a patient but an inmate, an offender, a parolee or someone who is on probation. A whole class of people who are not essentially criminal--young adults struggling with self-esteem issues, people wrestling with the effects of trauma, varying degrees of depression, anxiety, mood or thought disorders, those self-medicating with alcohol or drugs-- become at the same time fair game for law enforcement and neglected by mental health providers.
75 76
Personal communication between Families ACT! staff and Craig Park in 12/11. Figures provided to Families ACT! by Sergeant Tim McWilliams in January, 2012. 77 Figures provided to Families ACT! by Sergeant Tim McWilliams on September 21, 2011
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Furthermore, several family members have reported increased anxiety and even paranoid behavior in loved ones relative to being under the supervision or surveillance of probation or parole. Parents reported that young adult probationers would routinely pull the blinds down when they came to visit or keep their cell phone voicemail boxes full in fear of an intrusion by probation officers. More than one family reported symptoms of anxiety relative to bills received by unemployed young probationers from Probation for hundreds of dollars in unpaid probation fees. Some, detained on non-violent charges, opt for prison time in order to get out from under this debt.
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The Grand Jury report noted the lack of mental health treatment beds in the community to treat sufficiently the number of chronic homeless mentally ill, and concluded that mental health beds should be provided in the county jail, where inmates can be involuntarily confined. The Jurys recommendations included the following:
78
Provide comprehensive evaluation, treatment and a long-range treatment plan for persons while they are incarcerated Provide comprehensive treatment for released inmates Provide ongoing case management and follow- up care
Homeless Mentally Ill Indigent Recidivism: This Recycling Is Not Good For The County, 2010-11 Santa Barbara Grand Jury Report, p. 1 79 Ibid. p. 3 80 Ibid. p. 7 81 Ibid. p. 9 82 Ibid. p. 10 83 Ibid. p. 2 84 Ibid. p. 18 85 Ibid.
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The Grand Jury assumed that insurance was not available to homeless mentally ill offenders. In fact, if they had an advocate helping them to apply, some of them might qualify for SSI, SSDI and Medi-Cal, depending on the severity of their mental or physical disability.
86 87
Wall Street Journal online WST.com 1/20/12 Ibid. 88 Ten Years After Decriminalization, Drug Abuse Down by Half in Portugal, E.D. Cain, Forbes, April 30-May 1, 7/5/2011 89 Ibid.
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Bethel House: 24 beds, faith-based residential drug and alcohol recovery for women Hotel de Riviera: 30-32 beds Co-ed for people who are dually diagnosed & homelesstwo-year stay Phoenix of Santa Barbara (changing its name to Mainstream Behavioral Health) in two facilities: Mountain House and Phoenix House with a total of 24 county funded beds, two private pay beds in two facilities: Mountain House and Phoenix House. Casa Esperanza: 100 beds in winter, 70 year-round, plus 30 special reservation beds, Fee is 1/3 of income, up to $300/mo. 1/3 goes into savings Casa Serena: 18 beds, 90- day stay at $2,300/mo, grad house $900/mo. A licensed social model rehab for women with substance use disorders. Alcohol/drug counselors on site, med cabinet: dispense meds 4 times a day. Faulding Hotel: 81 Single Resident Occupancy Units for single, low-income individuals Garden Street Apartments: 38 apartments for people with mental health disabilities New Beginnings Safe Parking Program: Safe place to park a vehicle Project Recovery Detox Center 12 beds Serves 275-300 annually Salvation Army Hospitality House. 78 beds - 60 male & 18 female beds including 15 Veteran beds, 10 CARES (Mental health) beds (lost 70-90 beds at ARC in Carpinteria) Sanctuary Psychiatric Centers of Santa Barbara $6,000/month Stalwart House an unlicensed sober living house for Dually Diagnosed: 18 beds Rescue Mission Homeless Guest Services 145 beds (120 beds for men and 25 beds for women at maximum capacity) Rescue Mission Residential Drug and Alcohol Recovery Program: 61 beds for men Transition House: residential and social services for homeless families WillBridge of Santa Barbara: 23 beds in several facilities
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Supportive Housing: City Housing Authority (3,000 + units in South County) El Carrillo 61 formerly homeless adults Artisan Court 55 studio apartments for formerly homeless, youth aging out of foster care and low-income downtown workers Eleanor Apartments 14 units Independent Living
B. Sober Living Homes Many persons with substance use and co-occurring disorders returning from county jail or state prisons with or without disability benefits tend to end up (and are often court-ordered) into sober living homes, which are often a far cry from residential treatment. Residents pay high rents to live in crowded rooms and their deposits are forfeited when they relapse, making room for the next roomer and setting up potential for financial abuse. Sober living homes tend to be managed by persons who have a history of substance abuse and incarceration, who do not have academic credentials, professional training as a licensed counselor or clinical experience. Medications which can help break the cycle of addiction are often disallowed in these settings, because of their potential for abuse and the lack of intensive 24/7 supervising staff. Increasingly, sober living managers in Santa Barbara are getting certified in alcohol drug counseling at City College and protocols such as medication management are being developed to better serve residents with dual disorders. Given Santa Barbaras critical shortage of residential treatment beds, sober living homes could come to play a significant role in stopping the revolving door if opportunities were provided to their residents for case management and meaningful employment.
C. The Haves and the Have Nots According to the way ADMHS is currently operating, there are a limited number of slots for people who need acute hospitalization, case management, residential treatment, or Lanterman, Petris, Short (LPS) conservatorship. Parents and other family members with education, resources and connections, who learn how to navigate the criminal justice system and the labyrinth that is our mental health care system and get help from MHA, NAMI or Families ACT!, are more likely after years of struggle to end up among the few lucky haves whose loved ones have benefits, a case manager and a bed to call their own. Persons with mental illness and/or substance disorders whose parents are not as well educated, not as well connected, nor as culturally mainstream or whose parents have died or given up or lost track of them, do not fare as well. A small group of Assertive Community Treatment (ACT) program clients appear to be repeatedly hospitalized while others never make it into the Psychiatric Health Facility or Vista del Mar (where the County has contracted for bed days), let alone Cottage Hospitals 5 East Unit. ADMHS provides beds at Phoenix House or Mountain House for a scant 24 clients with mental health and co-occurring disorders who meet criteria for disability benefits. Some of these clients are enrolled in the ACT program while others are not, and the quality of their psychiatric care and case management may vary accordingly, but they get the best licensed social model residential treatment that Santa Barbara has to offer to someone with a mental health disability. Staff is on site 24 hours, seven days a week, engaging in a compassionate and natural manner with residents, who are free to come and go from the residences between scheduled meetings and activities.
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Unfortunately, it has taken up to nine years for some clients to obtain a county bed at Phoenix of Santa Barbara and hundreds of county residents who would benefit from this residential model will never have the opportunity to experience this level of care and acceptance in a group living setting. Instead, they are relegated to a perpetual revolving door which churns them through the criminal justice system, multiple visits to the ER and nights spent alone on the streets or in shelters where they are expected to leave the premises as early as 6 am and required to return at supper timebut not before.
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C. Assertive Community Treatment (ACT) ADMHS Assertive Community Treatment (ACT) Model program provides intensive case management services delivered by a team to persons with severe and persistent mental illness. ACT programs in each of the three sections of the county were designed to serve 100 clients each but nearly filled up with old clients of ADMHS soon after they were created, leaving no room for the hundreds of residents of Santa Barbara with severe mental health disorders who need treatment and case management. Most ACT clients in South Santa Barbara County live alone in small apartment units or hotel rooms scattered around the community and many feel very lonely and isolated. Stakeholders report that the program is not efficiently managed. There is a constant turnover in the staff, and staff members with considerable experience and training have been at times employed to deliver medication to a clients apartment or drive them to the barbershop. Fully 30-40% of ACT programs census are elderly clients, because the Older Adults Response and Recovery Services (OARS) program was folded into the ACT program.
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D. SOARS
The SOARS Program helps people apply for Supplemental Security Income and/or Social Security Disability insurance (SSI/SSDI). Clients who will most likely qualify have severe mental illness, have not been able to work for a year, are legal residents of the U.S. have less than $2,000 in assets and no outstanding or unattended felonies. As they are applying for benefits and awaiting the outcome (for an average of 95 days), they receive medication management, case management and peer support. It should be a high priority for our county to assist the numerous persons who are chronically homeless, episodically homeless, at risk for homelessness and who are cycling through our revolving door, to apply for disability benefits. ADMHS 2012 data reveal that only 14 clients were assisted in securing SSI disability benefits over the course of nine months, from March 2011 to November 2011, through the Innovation funding streams SOARS Program, which costs $350,000 annually. In addition, $55,552 was received in Medi-Cal reimbursement for services provided for the 14 clients who received benefits. Even taking into account the very real challenge of persuading many persons with mental health challenges to apply, we should be making greater progress in our efforts to help those who are likely to qualify to secure disability benefitsgiven the scope of our communitys crisis and the substantial Mental Health Services Act (MHSA) Prop 63 funding which is going into this project.
E. Meeting Criteria
The Alcohol and Drug Program within ADMHS is not a full service program and the agency as a whole has determined that it is mandated to provide full treatment services only to persons who have a severe and persistent mental health disorder as defined by Medi-Cal, and, along with such a diagnosis, a level of impairment or dysfunction considered so severe and persistent that they cannot maintain a job, a home, and family relationships.90 According to the Surgeon Generals Report of 1999: Serious mental illness is a term defined by Federal regulations that generally applies to mental disorders that interfere with some area of social functioning. About half of those with SMI (or 2.6 percent of all adults) were identified as being even more seriously affected; that is, by having severe and persistent mental illness (SPMI) (NAMHC, 1993; Kessler et al., 1996). This category includes schizophrenia, bipolar disorder, other severe forms of depression, panic disorder, and obsessive-compulsive disorder.91 Distinctions are being made not only between clients who are severely mentally ill and only moderately or mildly mentally ill, but between clients who are persistently impaired or not, and finally between persons who are primarily substance users or primarily mentally ill. Even though a senior staff member estimates that over 80 percent of mental health clients have dealt with some degree of substance use, if the mental health problem is determined to be minor or secondary, ADMHS will not serve them with the full menu of services. These distinctions have consequences.
F. Diagnosing is not a Perfect Science How can a diagnostician know for sure who is severely ill and persistently impaired and who is primarily a drug user or alcoholic? Andrew Vesper, Regional Manager of Santa Barbara Alcohol Drug and Mental Health Services (ADMHS), concedes that diagnosing is not a perfect science:
90
Phone conversation. Families ACT! staff with Andrew Vesper, Regional Manager at ADMHS in Santa Barbara, CA, November 2011 91 Mental Health: A Report of the Surgeon General 1999.
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In Search of Solutions to Santa Barbaras Revolving Door Diagnosis entails getting a detailed history, and it is not uncommon for me to pull up history of someone and see three or four different diagnoses over a span of ten years, all by skilled diagnosticians. Ideally the person diagnosing want to be able to see what [the client] is like sober and not, and thats why it would be great if there were laws that allowed for more lengthy treatment for those with chronic alcoholism 92 One psychiatrist who was on staff at the Santa Barbara County jail stated no one has ever died from withdrawal from heroin and revealed that he often opted not to medicate inmates who presented with dual diagnosis unless medically necessary, so he could observe their behavior without the influence of drugs, and check their diagnosis or make a better diagnosis.93 The authors of a National Institute on Drug Abuse Report entitled Comorbidity: Addiction and Other Mental Illnesses echo this sentiment: when people who abuse drugs enter treatment, it may be necessary to observe them after a period of abstinence to distinguish between the effects of substance intoxication or withdrawal and the symptoms of comorbid mental disorders. This practice would allow for a more accurate diagnosis and more targeted treatment. Adding that: Steady progress is being made through research on new and existing treatment options for comorbidity and through health services research on implementation of appropriate screening and treatment within a variety of settings, including criminal justice systems.94 The idea that a jail or a prison is a good place to conduct research on co-morbidity strikes grassroots advocates as a dangerous one. Would it not be better that these kinds of determinations take place in a hospital rather than in a jail or a prison?
G. Crisis Calls
From the point of view of many family members and other advocates for persons with mental illness and co-occurring substance disorders: too frequently. a person (whether homeless or housed), who seems clearly to present an imminent danger to themselves or others, does not get the help he or she needs. In Santa Barbara, the word is out among frustrated advocates: If you call the Access Team in a psychiatric emergency from the field , you will be instructed to call 911 and uniformed law enforcement officers will respond. The Mobile Crisis Team may or may not eventually show up, but they probably will not. In Ventura County, THE CRISIS TEAM DECIDES whether or not to send law enforcement to respond to a crisis call on a case-by-case basis, depending on whether violence is considered to be a risk. When mental health professionals go to the scene they have the option to excuse themselves, so they sit in their van and decide to call law enforcement to the scene if they think it is indicated. In Santa Barbara County, there is much speculation among advocates about why the mental health personnel often do not show up and the reasons why more persons in crisis are not being hospitalized. In an effort to bridge the gap in communications and shed light on policies and practices which have remained a mystery to different sectors of the community, these questions were put to Andrew Vesper, Regional Manager at the county Alcohol Drug Mental Health Services (ADMHS), who responded:
92 93
Ibid. Personal communication at a meeting in the Santa Barbara County jail attended by Families ACT! staff in 2008. 94 Ibid.
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The mobile crisis team usually does not know whether there are beds available or not. Staff say that they dont even look at the stats regarding how many empty [psychiatric] beds there are. Ive told the police to tell me if they call us and the crisis team does not go out. We need to know about it. I have asked staff to detail if they dont go out, why they dont come out. I find it troubling if they dont come out. Staff log every time they go out. I do not have any evidence that they refused to go out. Overnight calls to the mobile crisis team are mostly hospital calls but staff is instructed to put a hospital assessment on hold if they are called out into the field on a crisis. The mobile crisis line is not available to the public because we want to keep it clear for law enforcement. A call to the Access Team number during the day goes to the CARES clinic unless its a child related issue (which gets forwarded to the childrens clinic). After hours different staff are on call. The persons covering the 24 hr line dont go out. They make a determination of whether the mobile crisis team goes out. If a significant event is going to occur soon. If something bad is going to happen in 10 minutes: law enforcement are the only ones who can get there.
H. Call 911
There are good reasons not to have law enforcement show up first on the scene in a psychiatric crisis, and the routine involvement of the police or sheriffs department unfortunately often inhibits friends or family members of dually-diagnosed persons in a crisis from calling for help. Family members are often nervous about an encounter between law enforcement and their loved one who is rapidly deteriorating (de-compensating), or suicidal, or may be in a state of great agitation, anxiety or depression. Families know that in Santa Barbara the law enforcement representative does not have the power to hospitalize or to order a 5150 hospitalization but does have the power to book someone into the county jail. Often they hesitate to call for help for fear that if a police car and uniformed officers show up on more than one occasion, they could get evicted from their rental unit or this could frighten or further agitate their loved one. This could result in their loved on being Tasered, charged with disturbing the peace or being under the influence, or in possession of a controlled substance and/or in violation of probation due to a drug offense --and booked into jail instead of into the hospital. When asked about the risk that the person experiencing a mental health crisis may be arrested or harmed by the police, Andrew Vesper responded: Sometimes the client does have to be handcuffed to get them to the hospital, but very rarely will police arrest someone in a psychiatric crisis. The only exception would be if there has been a serious assault by the client on a police officer. We rolled out the mobile crisis team 4 years ago. Only 5 times were we disappointed in our collaboration with policewhere a violent act occurred before we got there.
In reference to hospitalizing persons whose problem seems primarily related to drug use or alcoholism Vesper responded: If the client is uninsured and has only a substance use problem, there are no involuntary treatment services for this person. He/she does not qualify under regulations that mobile crisis demands and regulations for admissions to Psychiatric Health Facility (PHF Unit). LPS 5150 covers a broad sweep. The criteria for admission to the PHF are focused on the mental health piece: danger to self, danger to others, gravely disabled due to a
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mental health disorder. Currently there is no code for [chronic alcoholism]. We are concerned with an imminent danger to self: Is there is a specific danger? We cant use hospitalization to keep clients from substances. Every day that a patient is confined in the hospital we have to justify criteria. Every physician has to indicate that the client is still there because of danger to self or others. Some of the audit problems the PHF has had in recent years relate to this issue. Auditors have had a concern that certain patients at the PHF Unit were more of an alcoholic than someone with serious mental illness.95 Chronic alcoholics or substance abusers do not qualify for LPS conservatorship.
Andrew Vesper conceded: It is frustrating: you cant split the person in half. 96
I.
95 96
Op. Cit. Phone Conversation Nov. 2011 Op. Cit. Phone Conversation Nov. 2011 97 Emphasis added 98 Op. Cit .Phone conversation Nov 2011
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approved by the State Department of Mental health as a facility for 72-hour treatment and evaluation. 5150.1 - No peace officer seeking to transport, or having transported, a person to a designated facility for assessment under Section 5150, shall be instructed by mental health personnel to take the person to, or keep the person at, a jail solely because of the unavailability of an acute bed, nor shall the peace officer be forbidden to transport the person directly to the designated facility. 5150.2 - Each county shall establish disposition procedures and guidelines with local law enforcement agencies as necessary to relate to persons not admitted for evaluation and treatment and who decline alternative mental health services and to relate to the safe and alternative mental health services and to relate to the safe and orderly transfer of physical custody of persons under Section 5150, including those who have a criminal detention pending. 5250 - If a person is detained for 72 hours under the provisions of Article 1,and has received an evaluation, he or she may be certified for not more than 14 days of intensive treatment related to the mental disorder or impairment by chronic alcoholism, under the following conditions: The professional staff of the agency or facility providing evaluation services has analyzed the persons condition and has found the person is, as a result of mental disorder or impairment by chronic alcoholism, a danger to others, or to himself or herself, or gravely disabled.
K. LPS Conservatorship
In March of 2008, the City of San Francisco was poised to implement a new policy that would facilitate the conservatorship of homeless persons determined to be gravely disabled. The program would require participants to take medications and accept confinement in a mental health facility for up to one year. Mayor Gavin Newsom justified the radical intervention on the basis that frustration is that a lot of these people are literally sentenced to death" and that there were people on the street that are not going to change unless there is a dramatic interruption in their routine."99 There was a precedent for such a program in California. Dr. Hilary Silver of Stockton San Joaquin County Mental Health Facility in Stockton, came to the same conclusion in seeking a solution to the revolving door of mental health care, where he saw the same individuals coming through the system over and over again. He found a sympathetic judge who facilitated the process for one thousand residents of the city when he came to the conclusion that in order to survive homeless persons needed to be confined in a private mental facility, helped to apply for disability benefits, and encouraged to take their medications.100 When asked about Lauras Law, Newsom expressed concern about the obstacle posed by the cost of the program, adding that, although he had not given up on it, " the reality is that we have a tool that we can use today," he said, "and I think there is a nobility, purpose and humanity to that101. Dariush Kayhan, San Franciscos homeless policy coordinator, was quoted in the article as asking: What's compassionate about walking past someone passed out in the street?"102
99
Conscience of a Conservatorship, New San Francisco policy would get the severely mentally ill and the chronically alcoholic into the kind of mandatory programs they need. San Francisco Chronicle by C.W. Nevius, March 11, 2008. 100 Ibid. 101 Ibid. 102 Ibid.
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103 104
Personal communication Comorbiity: Addiction and Other Mental Illnesses, Nora D. Volkow, M.D., NIDA Research Report Series, National Institute on Drug Abuse, p. 1
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he table below compares the dramatic variation in the cost per day/night at various facilities in the greater Santa Barbara region. Clearly, the cost of a bed at a residential treatment center (e.g. Phoenix) is substantially less expensive than a night at Cottage Hospital and $30% less than a night in the County Jail. These figures suggest opportunities for significant savings.
Cost Free to local residents $100.88 a day buys a bed at the best residential treatment center in Santa Barbara (if you are on disability benefits) $146.12 a day is the cost of a bunk behind bars at the County jail.105 $800 a day for an acute psychiatric bed (County has 5 beds per day) $1,100 a day $1,200 per night without the cost of medical services. The cost savings of reducing repeated visits would go a long way toward providing some of the essential components of recovery. A 2010 analysis of 10,193 homeless single adults in Los Angeles revealed that the average public costs of the top 10% of homeless persons who make extensive use of hospitals and jail mental health and medical services, were reduced by 71% when permanent housing with on-site supportive services was provided for them.
105
Public Information Request data provided in 12/11 by the Santa Barbara Sheriffs Department to the Northern California ACLU.
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http://www.sbsheriff.org/stp.html Data provided to Families ACT! by the Santa Barbara Sheriffs Department on 1/20/12.
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F. Restorative Court
In March 2011,The Santa Barbara Restorative Court began providing a jail diversion program for chronic offenders of minor municipal and state codes such as illegal lodging, being drunk in public, drunk and disorderly conduct. Commissioner Pauline Maxwell, Public Defender Jennifer Archer, Jail Discharge Planner Tona Wakefield, Legal Aid Attorney Emily Allen, Restorative Policing Officer Keld Hove work as a team to help defendants find housing, residential treatment (often outside of Santa Barbara), mental health care and to reconciliation with family . From March 2011 to December 2011 the court has handled 92 cases, 37 of which have been entered into a treatment program and 22 have been reunited with family.108
G. Restorative Policing
Police Chief Cam Sanchez created the Restorative Policing Program in 2004. The Program was expanded in the spring of 2011, when funding was approved by the City Council. Officers Keld Hove and Craig Burleigh, the five unsworn officers in yellow jackets and two in navy jackets who work with the homeless on our streets are examples of community policing at its best.
Personal communication with Santa Barbara Restorative Police Officer Keld Hove, 12/7/12 Santa Barbara County ADMHS data, 2006
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I.
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licensed social model residential treatment beds in centers with 24/7 staff; permanent supportive housing beds; drug and alcohol rehab beds; beds in shared- living households, medical detox beds and respite beds. Currently, residential treatment is driven locally by funding. Persons who receive disability benefits have more choices, but there is an acute shortage of quality residential treatment for this population as well as those persons lacking(public or private) insurance. Santa Barbara needs: More Acute/Psychiatric Beds as demonstrated by a nearly tragic case of Ben Warren held in the county jails isolation cell after two suicide attempts, self-mutilation which required sutures and a refusal to eat or drink. A Crisis Residential Center to receive patients who would otherwise meet criteria for hospitalization or from the psychiatric units, thus providing a less restrictive and less costly option after they are stabilized. A Step-Down Residential Treatment Center -- for persons exiting the detox program, the jail (serving discrete populations or blended with patients exiting the PHF Unit) An expanded number of Licensed Social Model Residential Treatment Homes based on the Phoenix of Santa Barbara model with 24/7 staff for persons with mental health disorders on SSI SSDI disability benefits Establish one or two new houses with 12 beds each yearly. Facilitate development of a Therapeutic Community based on a modified Delancey Street ModelFacilitate establishment of a local businesses in conjunction with a Delancey-model residential educational center housing 15-35 residents. Enhance the Effectiveness of Sober Living Homes Invest in strengthening the therapeutic impact of existing homes by providing residents with case management, a continuum of treatment options, job training and employment. Cottage Hospital at one point a willing participant in a large collaborative effort to write a SAMHSA grant for a treatment center to serve people without private insurance, simple ways that Cottage can help immediately are: o o Provide 2 scholarship beds at 5 East --146 patients/yr for 5 day stay Provide 2 scholarship beds at Cottage Residential Center Inpatient 28-day Program 2 beds for 28 days each would allow 24 patients per year
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Homeless Advocacy Project In December of 2011, advocates called Mental Health Advocates and Providers (MHAP), approached the Director of ADMHS with a proposal for a low-cost pilot project to initiate a fullscale volunteer effort to assist Santa Barbaras homeless population. The Homeless Advocacy Project would work with Common Ground to hire a full-time coordinator to direct the volunteer project which has emerged as a community response to a gaping hole in our system of care. Trained volunteers would assist homeless individuals with: (1) access to available shelters, warming centers and local programs, (2) social security applications, (3) housing applications and the use of housing vouchers, (4) Medicaid applications, (5) getting proper care and appropriate releases from Cottage Hospital, public health clinics, CARES and ADMHS, (6) effective representation in, and adequate use of the legal system (including access to the Restorative Court and Drug Court?). It is imperative that we accelerate the rate of applications and approval of disability benefits, for persons with disabilities who are cycling through the revolving door. A greater number and wider range of service providers, advocates and volunteers, must be trained without delay, to assist with the application process.
Understanding the Public Health Implications of Prisoner Reentry in California, State-of-the-State Report, Rand Corporation, prepared for The California Endowment, p. 4
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crisis and the need for AB- 109 realignment with a new approach focusing upon alternatives to incarceration.111 In a report entitled Public Safety Realignment: California at a Crossroads, the California branch of the ACLU finds after reviewing the realignment plans of 53 counties that the trend toward massive investment in jails instead of the kind of evidence-based practices such as mental health and drug treatment programs that have been proven to lower recidivism and a lack of state monitoring, data collection, outcome measurements and funding incentives to help counties successfully implement realignment 112 According to attorney Allen Hopper, director of the Criminal Justice and Drug Policy Project of the ACLU of California and co-author of the report: Its time to confront the fact that in California, over-incarceration is itself a disease, and the way to end it is to expand the use of mental health services, drug treatment and job training, and to reserve prison and jail for responding to serious crimes. The report documents the fact that most people in county jails have not been convicted of a crime. More than 71 percent of the 71,000 Californians held in county jails on any given day are awaiting a court hearing. Most of them do not pose a risk to public safety but are stuck behind bars because cannot afford bail. The report recommends the practice of conducting a pre-trial assessment to identify those who can safely be released on their own recognizance. It would be wise for the Community Corrections Partnership in charge of the AB-109 Public Safety Reentry program and realigning this population in Santa Barbara County, to invest in best-practices alcohol/drug treatment and perhaps the most cost-effective rehabilitation component: EMPLOYMENT. Providing this population with job skills, job coaching and meaningful work is one of the most important things we can do to break the revolving doorcycle and reduce recidivism.
111
Community Safety, Community Solutions, Implementing AB 109: Enhancing Public Safety, Saving Money and Wisely Allocating Limited Jail Space, ACLU of California, August 2011 112 Public Safety Realignment: California at a Crossroads, California ACLU. March 2012
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Phase III Provide housing options and a deposit to successful participants in shared-living households in rental properties. Phase IV Develop a Community Enterprise Center which functions as an incubator of workerowned businesses offering goods and services in demand locally and beyond. Investing in this kind of a project is an investment in our local economy--in terms of jobs created, and reduction in homelessness and low-level crime. Useful Models for designing such programs and businesses include: Homeboy Industries Delancey Street Therapeutic Community Model with 40 years of experience. Integrated Recovery Network in Los Angeles case managers go into the Twin Towers Correctional Facility to mentor inmates and help them break the revolving door cycle Mondragon-style Worker Cooperatives (see United Steel Workers) Social Enterprise Model (see Bakersfield ARC) Palo Alto Downtown Streets Team - http://streetsteam.org/ - compensates homeless men and women in vouchers for cleaning the downtown By visualizing life on the outside, living in housing with health care and case management. IRNs recidivism rate is only 20%.
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f the City, the County and community-at-large agree on specific goals to begin to bridge some of the glaring gaps in services to the population cycling through the revolving door, potential funding is available from a number of sources. Difficult choices will be needed in the cold light of the facts.
113
http://www.californiaclients.org/pdf/Microsoft%20Word%20-%20Stakeholder%20Involvement%20Paper.pdf
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o o o
SAMHSA U.S. Department of Labor U.S. Economic Development Administration (EDA) - Bakersfield ARC got a grant from U.S. EDA and raised $600,000 targeted to low and moderate income people. Mandated state funds
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114
http://www.cw-cf.org/Home/citywide-forensics-project
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of services includes the Office of the Public Defender, Adult Probation, Parole Department and Jail Psychiatric Services to target mentally ill offenders. Clients must meet the CWCM eligibility criteria: Participants in the program must be between the ages of 18 and 59, and have had one of the following: 1. An Axis I or Axis II diagnosis of mental illness (excluding adjustment disorders and substance abuse diagnosis without a co-occurring mental illness) 2. Two psychiatric hospitalizations within 12 months 3. Resided in a rehabilitation or locked facility for 6 months 4. Have met eligibility criteria for Jail Psychiatric Services* The Citywide Forensic Program is funded by contract through the San Francisco Dept. of Public Health's Community Behavior Health Services; recipient of a SAMHSA grant to work with dually diagnosed women in BHC (WISH grant); MHSA award to create a Full Service Partnership (FSP) for individuals in BHC; and a Mentally Ill Offender Crime Reduction grant to provide Supported Employment services for participants.
Mental Health America Village in Long Beach (http://www.mhala.org/mha-village.htm). An innovative service system begun in 1990 for people with mental illness who are homeless, leaving jail or at risk of homelessness or incarceration. Modeled on an integrated services approach which brings together all the services and support people with mental illness need to live, work, learn and be involved in the community. The model values choice, equality between staff and the people they serve, encouragement of continued growth and an environment of high risk/high support. The program identifies quality of life outcomes measuring living, work, education, finance and social goals to ensure effectiveness and accountability. Psynergy, Inc. in Morgan Hill, California (www.psynergy.org). Psynergy runs Nueva Vista and Cielo Vista and Vista del Oro. It is a for-profit provider of licensed adult residential treatment based on the therapeutic community model, unlocked residential treatment centers as an alternative to acute and sub-acute hospitalization using braided funding streams. Psynergy, Inc. contracts with several counties in California to move clients to their facilities from state hospitals (such as Patton, Napa, Coalinga, Atascadero state hospitals) and IMDs (Institutions for Mental Diseases), generally for a period of transition toward community reintegration. The cost to the counties varies from $45 to $120 per day, representing a considerably savings compared to the cost of the IMDs and state hospitals. Ventura County Crisis Team - Ventura Countys Health Care Agency, describes itself as an "integrated system", focused on preventive care, linking customers to providers. Public health, behavioral health, mental health, drug and alcohol dependency, and dual-diagnosis care are all under its umbrella. The S.T.A.R. team came into existence in 2010 in response to the fact that the countys clinic and crisis response team were overwhelmed. S.T.A.R. and the crisis team work together. S.T.A.R does Screening, Triage, Assessment and Referral. With almost twice the population of Santa Barbara County, Venturas team has approximately 25 professionals to call on in a psychiatric crisis and several hospitals providing acute psychiatric beds. Ventura Countys Health Care Agency has adopted a Medical Home model which aims to ensure that services are coordinated across the whole system of care, integrating services between inpatient and outpatient services, medical and mental health services, and alcohol and drug treatment services.
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Issue 2
Is our current system providing a comprehensive and coordinated continuum of care for our target population? Findings: No. Based on the data we collected and testimony of numerous stakeholders during our Task Force sessions, plus findings of the Santa Barbara Grand Jury in its July 2011 report, we find countless critical gaps in the continuum of service delivery to persons with mental health and substance use disorders. This is due in part to a lack of coordination between service providers and a lack of adequate interface between our law enforcement, criminal justice system, and county and private service providers. The complex of problems related to the treatment of our target population have reached such proportions that only prompt and bold action will provide a more integrated and effective continuum of care, prevent more citizens from falling into homelessness and reduce the burden on the criminal justice system. The proposed merger of BOCH and Common Ground is a step in the right direction, but the population but we need to address the needs of those with mental health and substance use disorders who are not yet homeless, and thus prevent homelessness and premature deaths in this sub-population. Recommendations: we recommend that the County of Santa Barbara: 1) Co-host a summit for private and public medical, mental health and behavioral health providers to collaborate in crafting a plan to address the needs of neglected populations, including at-risk, episodically and chronically homeless, forensic (criminal justice-involved) and substance-involved populations. 2) Create a centralized Ombuds Office to facilitate communication between and coordinate the delivery of services by, public agencies and non-profit service providers on behalf of individuals who have been regularly falling through the cracks. An Ombuds Office can prevent people from falling through administrative cracks and help close gaps in service delivery.
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In Search of Solutions to Santa Barbaras Revolving Door 3) Work with the City of Santa Barbara to create a Service Integration Branch. This office would also research working models in other communities which could serve as guides toward the long-term goal of designing a more cost-efficient and care-effective mental health delivery system for Santa Barbara residents. 4) Radically restructure the existing service delivery system to address the losses in human lives and dollars of the current revolving door--for persons with mental health and substance use disorders.
Issue 3
Is there sufficient staffing and support for the efficient, and effective delivery of services to people with co-occurring disorders? Findings: No. Santa Barbara County has a critical shortage of counselors, psychiatrists, case managers, paraprofessionals, and trained police who can be deployed to help those caught in the Revolving Door attain stability and recovery. The City and County have not prioritized our most vulnerable populations nor been sufficiently creative and proactive to leverage volunteers to support the monitoring, coordination and delivery of services to our target population. Recommendations: We recommend the County identify, and divert funding from middle management, inefficient bureaucracies and programs that are wasteful, inefficient and poorly managed to fund key direct -service elements and personnel missing from our current service delivery system. In addition, a cost-effective training program is needed to train and coordinate a cadre of volunteer and paraprofessional friends, mentors, and case managers. These volunteers and paraprofessionals would work with an Ombuds Office to assist people to step out of the Revolving Door and find support, stability and recovery.
Issue 4
Are there an adequate number of treatment beds to meet the needs of the population with severe and persistent mental health disorders? Findings: No. We agree with The Grand Jury Report of July 2011 that there are not enough mental health treatment beds in our county. Recommendations: We recommend that the City and County develop a continuum of residential options designed to serve various subpopulations at risk and break the costly revolving door cycle. As an alternative to incarceration for clients with intractable substance abuse patterns who are on probation, develop transitional residential facilities as a stepping stone to financial independence or permanent supportive housing. Transitional residential programs could be supported with funding from AB 109, and compliance with a period of residential treatment could be required as one of the terms of probation. Develop at least one additional licensed social-model transitional residential treatment center (similar to Phoenix of Santa Barbaras centers) annually for five years with at least 12 additional beds for those who qualify for state disability benefits. For the especially underserved who do not qualify (or do not wish to apply) for disability benefits, many of whom have substance use disorders and cycle through the criminal justice system, the County should increase the stock of transitional shelter or residential treatment beds paired with program designed to provide a self-sustainability for residents within one year--by providing case management, volunteer mentoring, job skills training, job coaching and an actual job.
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In the short-run, we recommend that the County consider negotiating with and partnering with sober living homes and organizations like the Salvation Army, (who could expand its operations to a nearby facility), who can provide beds and two meals daily, whereas other providers (potentially contracting with Probation with AB 109 funding provide an off-site day program offering more intensive case management, behavioral health services and employment.
Issue 5
Are our behavioral health and criminal justice systems collaborating to reduce recidivism and enhance rehabilitation of our target population? Findings: With the exception of the collaboration evidenced by the Restorative Policing Program and the Restorative Courts, on the whole, departments are working in silos, focused on their own agenda rather than the kind of system-wide collaboration that is needed to break the revolving door cycle. The Sheriffs Department is focused on advocating for a new jail and has contracted with a notorious private corporation based in Tennessee. ADMHS too willingly abdicated its responsibility to the mentally ill population in jail and has not yet initiated innovative solutions in partnership with the other members of the Community Corrections Partnership under AB 109. As evidences by our high recidivism rates, the PUNITIVE approach is NOT WORKING to deter those who cycle through the criminal justice system due to mental health and substance disorders. Many of these people will not qualify for disability benefits. Recommendations: We recommend an evaluation of our service delivery and criminal justice systems as a whole as they interface with our target population. We recommend a complete overhaul in the Countys policies and procedures for dealing with our target population, with an emphasis on streamlining the existing service delivery patchwork, emphasizing cost-effective treatment and rehabilitation and self-sustainability rather than the costly and ineffective punitive approach. We recommend that this crisis be recognized as a public health issue and that responsibility for addressing it rests on health providers, not law enforcement nor the criminal justice system, and that it MUST NOT be allowed to become the purview of private corporations providing for-profit services within jail prison settings. We recommend that the City and County form a joint workgroup to re-evaluate fiscal priorities, divert funding from practices, programs and department which contribute to the criminalization of vulnerable populations and invest in key missing components of rehabilitation: (1) Acute Psychiatric Hospital Beds (2) Crisis residential facilities (3) Transitional and step-down residential rehabilitation facilities for persons exiting the detox center, jail, prison, crisis residential and psychiatric facilities (4) An expansion in the number of licensed social model residential treatment beds (5) Pathways to recovery and independence by providing the population without disability benefits with skills training, job coaching and meaningful work in cooperative businesses (6) Shared living households assisting residents with initial deposit (7) A modified Delancey Street model rehabilitation community (8) Implementation of Lauras Law in the interest of rehabilitating a small percentage of people who cannot function without medication. (9) Training for culturally-diverse, para-professional volunteers and also first responders to respond with empathy in a culturally appropriate manner, to those cycling through the Revolving Door.
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(10) Investigate possible local taxes on alcohol and marijuana dispensaries to fund needed treatment and residential facilities. (11) Conduct a cost study on creating and staffing an Ombuds office. (12) Hire a dedicated grant writer /fundraiser to research / identify funding sources and write proposals to attain funding to address these recommendations.
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Conclusion
he closing of our mental hospitals known as deinstitutionalization, mandatory sentencing, harsh drug laws, vested interest in the prison industry and prison-related industries, the widespread use of prescription psychotropic and pain medication and the deterioration of our social fabric have led to the revolving door crisis our communities face today. As our criminal justice and prison systems have grown, our social services and social safety net have shrunkespecially in the current economic recession.
The end result of our confused priorities is that our jails, our streets, and our lives are filled with persons dealing with untreated emotional and mental illness--many of whom are self-medicating with drugs and alcoholand with law enforcement, probation and correctional officers attempting to do the work of social workers. Currently, four overlapping populations with mental health disorders are being especially neglected: (a) those with addictive illness (b) those involved with the criminal justice system (c) those who are homeless (d) those who do not qualify for disability benefits. Among people with mental health disorders, people with co-occurring substance use disorders are more likely to be involved with criminal justice due to their use of alcohol and drugs. If their primary disorder is considered a substance use disorder they are more likely not to qualify for disability benefits and will not qualify for a full menu of mental health services. For example, currently, they do not qualify for hospitalization in a crisis, nor do they qualify for conservatorship. They are at TREMENDOUS risk for homelessness, suicide and accidental overdose death. This population (including the homeless and not-yet-homeless) needs integrated treatment designed for dual disorders, job training, job coaching and meaningful work. For those with severe and persistent mental illness who qualify for disability benefits, there is an acute shortage of adequate local residential treatment. People with a variety of behavioral health issues are being denied treatment at county ADMHS based on a somewhat arbitrary judgment of their primary problem. This needs to change. The whole person needs to be addressed. If 64.5 percent of all inmates in the U.S. in 2006 had a substance use disorder, why hasnt alcohol and drug treatment and rehabilitation been a higher priority at the federal, state and local levels? If over 70% of SB County Jail inmates have a substance use disorder and over 80% of ADMHS mental health clients have one too; if most of the AB-109 realigned non-serious, non-violent population and much our homeless population does as well, why isnt substance abuse treatment higher on our countys priority list? Why dont we do more to help people with addictive disorders recover and break out of the costly revolving door cycle? If we did, what would be most effective approach? The first obstacle is the unwillingness of many people with mental illness or addictive illness to undergo treatment. The second obstacle is the cost of rehabilitating those who are willing. Common Grounds experience across the nations has proven that even the most treatment resistant homeless persons can usually be persuaded to come inside and in many cases, to find stability and recovery from untreated mental illness and substance misuse. If our trained volunteers and case managers take the time to build
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bridges of trust with these individuals, if we redesign our service delivery system to be more effective, if we made use of our restorative and treatment courts and begin redirecting our funds from punishment to rehabilitation, providing crisis, transitional and long-term residential treatment, case management, meaningful work, and affordable housing to this population, we could see impressive results. A key to breaking the revolving cycle for those who do not qualify for disability benefits is to offer them a transitional period of residential treatment concurrent with case management, job skills training, job coaching and placement in an actual job. With meaningful work they are more likely to maintain sobriety, maintain housing and recover. An initiative to create new jobs in cooperative businessesand in cooperative living centers-- will strengthen our community as a whole in times of economic downturn and high unemployment. We have successful models to guide us in this endeavor. Incarceration has an important role to play--but is greatly overused. The violation of patients rights was used to justify deinstitutionalization. We need to start all over again with a movement to protect the even more egregious violation of the rights of persons with mental health and substance use disorders as they sit behind the bars of a jail or a prison, and as they live and die on our streets. ADMHS has a recommended 2011-12 budget of $79.7M (2.3M from General Fund). We spend $108.9M (68M from General Fund) on Sheriffs Department; $44M on our courts (run by the State of California); over $18.1M on district attorneys ($12M from General Fund); over $9.8M on public defenders ($6.95M from General Fund), and $41.8M ($24.7 from General Fund) on Probation every year and still our recidivism rate is upwards of 70%. These figures include the General Fund share. Santa Barbara County spends almost $844 million dollars annually for FY 2011-12on a system that doesnt begin to adequately address the tremendous challenges posed by the Revolving Door syndrome. Is this our best shot? Public safety is often used as a reason to strengthen law enforcement, jails and the courts while the safety net is fraying. This is part of a national trend which can and must be resisted at the local level. In truth, public safety requires a robust social safety net. We will not have public safety without repairing our safety net. We will not begin to counter the wasteful, futile spin of the Revolving Door without reordering our priorities. A portion of AB-109 Public Safety Realignment funding must be applied to cost-effective, high impact rehabilitation programs. Our service delivery system needs to be revamped and linkages created from one agency or program to another. Successful models from other communities can guide us, and Santa Barbara may be able to devise its own innovative models to address specific needs As this report has recommended, a whole continuum of viable options needs to be put into place to direct our target population away from incarceration and homelessness and towards recovery, meaningful work and stable housing. The savings to taxpayers, in the long run will be formidable. The gains in term of quality of life in our community should be appreciable.
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Part V. The staff at the residential treatment center, family and local advocates advocate intensively on this behalf and weeks later the other county psychiatrist at the Calle Real clinic agrees to hospitalize him. He spends 15 hours at Cottage Hospital and is finally transferred to a crisis residential facility in Ventura County without his med list. The doctors there are beginning to get a handle on the medications and see some progress in the patients condition. They recommend that he stay another few days. The case manager in Santa Barbara disagrees and wants him discharged immediately, even if it means putting him on the streets of Ventura with a bus token. After intensive advocacy he is eventually returned to Santa Barbara.
HIPAA Regulations
A close relative calls the homeless shelter from outside the U.S. concerned about a cognitively impaired residents welfare. Staff is reprimanded for telling her that yes, her relative is alive. A young man with Aspergers Syndrome engages in self-mutilation and attempts suicide twice in the county jail and stops eating and drinking. He is placed in a safety cell where he is seeing in fetal position on the cement floor. After intense advocacy efforts he is moved to the PHF Unit for one day on two different occasions but, due to HIPAA regulations, the staff there cannot inform his mother that he has lost a substantial amount of weight and is covered with abrasions and a recently sutured gash in his arm.
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Appendix B:
Santa Barbara County Substance Abuse Treatment Court
anta Barbara County Substance Abuse Treatment Court (SATC) serves over 200 non-violent, drug abusing offenders each year, offering court-supervised, community-based treatment in lieu of criminal processing and incarceration. The program is 18 months in length, with group and individual therapy, educational and vocational training and assessment, as well as frequent drug testing and judicial hearings.
While the program has been effective, obtaining a 48% graduation rate among a population of long-term drug abusers with criminal backgrounds, some clients need additional interventions to reach their goals. Methamphetamine is the drug of choice among this population, and newer evidence-based practices involving cognitive behavioral therapy (CBT) may be useful for this population. In addition, many of the offenders have a dual diagnosis (i.e., a psychiatric disorder as well as substance abuse problem) and need special assistance with these problems. Finally, a number of the women in the program have a history of trauma, and would benefit from integrated substance abuse and trauma-related treatments. This project will augment the usual drug treatment offered by the SATC with specialized interventions in each of these areas: a curriculum called the Matrix for amphetamine treatment; a psychiatrist to assist with clients who have a dual diagnosis; and a program entitled Seeking Safety for clients with a history of trauma. UCSB, with Meredith Cosden, Ph.D. serving as the Principal Investigator, will be responsible for the evaluation of the project.
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Appendix C:
The Story of Rick and Gibby
he story of Rick and Gibby, who recently moved into The Village Apartments owned by the Turner Foundation, is a heart-warming illustration of the multiplier effect of reaching out a helping hand.
Rick, who was homeless for most of the last 15 years in Santa Barbara, tells how he was motivated to go through the Project Recovery after his son asked him, why dont you become the man you used to be? and a street outreach guy bugged him about going to detox. After a couple of weeks at the detox center, he moved into the Casa Esperanza shelter next door and met Gibby, who suffers from dramatic short-term memory loss and was having great difficulty dealing with the noise and crowded conditions at the shelter. Rick started helping Gibby, making sure he got regular showers and a change of clothes and then began working through a series of obstacles to get Gibby on social security disability benefits. One of the biggest things about the whole deal is learning to ask questions, Rick recalls. Gibby was identified as among those most at-risk by the Common Ground homeless survey conducted on the streets of Santa Barbara in January of 2011. Rick became Gibbys in-home caregiver. Everyone who knows Gibby agrees he would not have made it through last winter without Rick. The folks at The Village Apartments often tell them how glad they are to have them there. I havent been told that a whole lot in my life, Rick says.
January 2012
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