Bipartisan Bill Expands Alternatives to Prison for People with Mental Illness

Police officers transport an individual to the Mental Health Emergency Center in Milwaukee. Senate Bill 153 would give local governments more resources to help people with mental illnesses who have committed certain crimes. Wisconsin Watch has altered the image to protect privacy. (Devin Blake / Milwaukee Neighborhood News Service)

As Wisconsin’s prison population climbs toward pre-pandemic levels, Senate Bill 153 seeks to expand alternatives to incarceration.

Wisconsin’s Treatment Alternatives and Diversion program was established in 2005 to provide counties with funding to create programs to divert adults with nonviolent criminal charges into community-based treatment for substance abuse.

Senate Bill 153 would formally expand the scope of these programs to explicitly include individuals with mental health issues.

Access to more funding

While some counties, including Milwaukee, already provide some diversion options for individuals with mental health needs, Senate Bill 153 could allow Milwaukee County to access funding not currently available.

“The Milwaukee County District Attorney’s Office has always supported the expansion of the Treatment Alternatives and Diversion program to include those individuals with severe and persistent mental health issues in addition to those with alcohol and drug dependency issues,” said Jeffrey Altenburg, Milwaukee County’s chief deputy district attorney.

He added that such an expansion would allow the district attorney’s office to focus most of its traditional prosecutorial resources on violent crime.

Bipartisan support

State Sen. André Jacque, R-New Franken, who co-authored the bill, said that the legislation enjoys broad bipartisan support as well as backing from those who work inside the criminal justice system.

“Folks that I’ve talked to – whether it’s probation and parole, law enforcement more generally – these are folks that see that it works because you don’t see repeat involvement in the criminal justice system,” he said.

“It is transformative and uplifting when you see the changes that people are able to make in their lives.”

Marshall Jones, currently incarcerated at Fox Lake Correctional Institution, hopes more lawmakers have that sort of mindset.

“If politicians were more proactive in helping people in the system address the underlying issues they have, then more people will be in a position to experience lasting, genuine change,” Jones said.

Research shows that treating the underlying causes of criminal behavior helps individuals rebuild their lives after incarceration and prevents future offenses.

“Most people who have mental health issues are already running or hiding from a fear they have,” said Aaron Nicgorski, a patient at a Wisconsin Department of Health Services facility.

“Providing treatment says ‘Hey, we understand you have an issue, here are some programs to get you on a path to a better future’ versus ‘Hey, we’re gonna put you in a cage to think about what you’ve done.’”

Diversion vs. incarceration

Over time, the criminal justice system has recognized that many people commit crimes because of economic or psychological factors rather than some sort of character flaw.

Diversion – the process by which people get “diverted” into voluntary programs and away from formal prosecution – has been used to address these factors.

“The whole idea is to divert them from the traditional system and get them placed with, hopefully, programs that can break the cycle of any criminal behavior,” said Nick Sayner, co-founder and chief executive officer of JusticePoint, a Milwaukee-based nonprofit organization that provides diversion-related services among other criminal justice programs.

Breaking that cycle is better for the public’s safety as well as the safety of the person being diverted, said Mark Rice, coordinator for the Wisconsin Transformational Justice Campaign at WISDOM, a statewide faith-based organization.

It’s also much more cost-effective to treat people in communities rather than to incarcerate them, Rice added.

Incarceration is not an experience that lends itself to improving a person’s mental health, he said.

“One man attempted to commit suicide; several other men had to be put on suicide watch; others mutilated themselves,” said Rice, referring to his time in the special needs unit at the Milwaukee Secure Detention Facility.

What’s next?

On May 8, the Senate Committee on Judiciary and Public Safety unanimously recommended Senate Bill 153 for passage. It is now awaiting scheduling for a vote by the full Senate.

People can track the bill’s progress on the Wisconsin Legislature’s website.

This article first appeared on Wisconsin Watch and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.