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2002
     

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HELPING PEOPLE OFF THE STREETS
A Law to Reclaim Lives
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The Legislature should revise the act that "protects" many mentally ill people from
getting the care that they and society deserve.
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Many street corners and other public spaces in
California have come to resemble open-air insane
asylums. Sometimes muttering obscenities and
lashing out at invisible demons, the state's estimated
50,000 mentally ill homeless people often have just
each other and the streets. Government pays
attention only after they harm someone or otherwise
break the law. Even then, the typical
response--tossing them in jail, then releasing them
without any required follow-up care--does nothing
to redirect them into productive lives.
This week the Assembly Judiciary Committee will
consider legislation by Assembly- woman Helen
Thomson (D-Davis) that would solve a key part of
the problem. AB 1421 would amend the
Lanterman-Petris-Short Act, a well-intentioned but
ultimately misguided law passed in the 1960s that
bars doctors, judges and counselors from
compelling seriously mentally ill people to be
treated unless it can be proven they are at imminent
risk of harming themselves or others.
The law was intended to protect what was seen as
the civil right of mentally ill people to be free from
the overzealous restraints that were common at the
time--primarily medications like Thorazine and
Haldol, with their harsh side effects like sedation,
blurred vision, impaired memory and muscle
stiffness. But today, highly effective medications
with few adverse side effects greatly enhance
patients' decision-making ability. The law, as
outmoded as Thorazine, denies helpful medications
to people who are too sick to recognize their need
for care.
At a series of town hall meetings organized to
support Thomson's bill in recent months, relatives of
victims harmed by untreated mentally ill people
have detailed how the act's original intention went
awry. At a rally at UCLA earlier this month, Cindy
Soto said she found little comfort in knowing that a
paranoid schizophrenic who refused treatment is now in prison after plowing his
Cadillac into 30 children at a Costa Mesa playground in 1999, killing Soto's
daughter and another child. "Do you think [he] is better off in prison than he is
in a treatment program?" Soto asked. "Am I better off without my daughter?
There is nothing civil or right about that."
Last year, Senate President Pro Tem John Burton (D-San Francisco)
successfully opposed a similar version of the bill out of fear that it would
abrogate the civil rights of the mentally ill. Burton has not come out against AB
1421, however, in large part because this year's version includes due process
rights and other safeguards to ensure that families and a range of mental health
professionals are consulted before medication or other treatment is compelled.
The state revenue drain caused by the power crisis makes it unlikely that the
fiscal part of AB 1421 would be funded: a $50-million provision calling for "the
delivery of community-based care by multidisciplinary teams of highly trained
mental health professionals with staff-to-client ratios of not more than 1 to 10."
Even so, changing the Lanterman-Petris-Short Act would allow public health
workers to better serve the mentally ill using existing--if woefully
insufficient--resources.
Adequately funding community services for the seriously mentally ill, using
successful models like Long Beach's the Village and Wisconsin's PACT
program, makes sense. Well-conceived continuing care--including group
housing, therapy, daily supervision and job assistance--has been shown to
reduce costly hospitalizations and incarcerations by more than half.
Although the fiscal crisis may have foreclosed legislative consideration of such
long-term care, at the very least lawmakers should pass the cost-neutral
portions of AB 1421. It is high time for Sacramento to recognize that the only
civil entitlement the current law protects is the right to a future dashed by
debilitating illness.
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| April 23, 2001 |
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