A local solution to a statewide problem?

For years, there has been debate over what should be done to help those who aren’t mentally competent to stand trial but don’t meet the criteria for civil commitment to a place like St. Peter Regional Treatment Center.

The debate escalated a couple of years ago when multiple lawsuits were filed against the state.

Under Minnesota law, someone judged mentally incompetent must be moved within 48 hours to a mental health hospital or other facility. But a lack of resources led to people spending months in jail.

The lawsuits sparked a temporary change in the law, allowing the move to happen within 48 hours from the time a bed becomes available.

Steele County Attorney Robert Jarrett has faced that challenge more often than he wishes was the case.

“It is a pressing issue in our community because we don’t have in-patient bed space for those who have a severe mental illness,” he said.

Continued relief

The temporary legislation was expected to expire this summer. When asked whether it would continue, Jarrett referred the Steele County Times to Washington County Attorney Kevin Magnuson.

When Magnuson didn’t respond, the Times contacted Scott County Attorney Ron Hocevar, who said it would continue for another two years.

In addition, during the legislative session, Jarrett said $55 million in funding was “allocated for the Miller Building at the Anoka Metro Regional Treatment Center in the bonding bill.”

He was unsure how many more beds that would add.

Minnesota County Attorney Association Executive Director Bob Small wrote, “MCAA is happy that the state has begun the long-awaited work of expanding capacity, and MCAA intends to see it through to completion.”

“We will continue to advocate for measures that reduce the backlog of people in jails awaiting placement in a treatment facility,” he wrote. “There is universal agreement that no one should have to be in a jail when they have court-ordered treatment in a hospital. The 48-hour rule stands for that principle, and we will continue to insist that it remain in force until people stop piling up in jails, unable to gain access to the facilities to which courts continue to send them.”

Local options?

Last month, during an interview for this story, Jarrett said he had been dealing with the case of an individual who needed treatment. The week prior, it was the same thing.

“We have people that are in this gray area that have to be released to the community who have not received services,” Jarrett said.

The issue he said is they have no place to access services while they’re in custody.

He also noted, “A lot of folks can be restored to competency.” Based on his experience, a lack of competency is often due to chemical dependency issues.

“I’ve seen folks restored to competency with appropriate treatment, medication, programming,” Jarrett said.

He has also seen people who can’t get needed treatment released to their homes, because “that was the only option we’ve had.”

It’s why Jarrett said he wants to work with the Steele County Sheriff's Office to explore what it may look like to provide services in jail. The plan is like one recently implemented in Dakota County.

He said they haven’t looked into the details, but “I really think we should.”

“I want us to explore services we can provide locally,” Jarrett said.

Currently, Jarrett said, the jail has a whole pod going unused, and there are discussions about how it could be utilized moving forward.

“I would love to have either a residential chemical dependency treatment in there or residential mental health treatment,” Jarrett said.

Jarrett also noted the need for serious regulations and oversight, which would be a major consideration.

“I would like us to explore that to at least to know if it’s feasible or not,” he said.

It is unclear, however, whether everyone agrees with the approach.
“I recognize the need to safely support the mental health issues that affect our community,” Sheriff Lon Thiele wrote in an email. “The Steele County Detention Center is designed to hold inmates for criminal matters – prescribed – from the courts.”

County Administrator Renae Fry did not respond to multiple emails for this story.