Assemblyman Felix Ortiz puts police, public and mentally ill at risk

A version of this appeared in NY Daily News on April 18.

Yesterday, the mother of Terrence Hale called New York’s Finest about her mentally ill son who was off medicine and acting out. When Officer Eder Loor arrived to help, Mr. Hale stabbed him. Earlier this month, Easter Sunday, Benedy Abreu’s mother called police about her mentally ill son, who was also off medications and barricaded in the apartment. When officers William Fair and Phillip White of the 50th precinct knocked on the door, Mr. Abreu opened it and lunged at them with a knife stabbing both.

Why are so many people with serious mental illness being allowed to deteriorate and become violent, putting themselves and public at risk? Why has the mental health system turned over care of the mentally ill to the police making their already dangerous job, even more dangerous?

Who’s to blame? I nominate Felix Ortiz, Chairman of the New York State Assembly Mental Health Committee. Back in 1999, at the request of families of people with serious mental illness, New York State politicians came together and passed Kendra’s Law, named after Kendra Webdale who was pushed to her death in front of a train by a young man with schizophrenia who the mental health system also allowed to go untreated.

Kendra’s Law allows courts to do two things. They can order very seriously mentally ill patients who have a history of violence or incarceration to accept violence preventing treatment as a condition of living in the community. This keeps them healthier and happier. Perhaps more importantly, courts can also involuntarily commit the recalcitrant mental health system to provide the treatment to these seriously mentally ill people, something they are notoriously reluctant to do.

It’s been a huge success. By requiring certain seriously mentally ill people to stay in treatment—with full due process protections, Kendra’s Law reduced arrest, dangerous behavior, violence, incarceration, homelessness and suicide. It saved money and improved the quality of life for those living with serious mental illness. It keeps the public and the police safer.

So what’s the problem? Kendra’s Law is rarely used. Less than 2,000 seriously mentally ill people are in Kendra’s Law because the mental health system refuses to ask courts to use it. Terrence Hale was never on it and Benedy Abreu was on it, but allowed to go off. As a result, neither was on the medicines that could have prevented the horrors experienced by the officers, and preserved their own ability to live unincarcerated.

To fix this problem, two years ago Assembly member Ailleen Gunther and Senator Catherine Young introduced a bill (A6987/S4881) that would require officials to investigate claims of family members, like the parents of Mr. Abreu and Mr. Hill instead of sending them to the police. It would require jails to notify mental health officials when releasing a prisoner who was on psychiatric medications while incarcerated so the officials can determine if they should be in Kendra’s Law. That might have helped prevent Mr. Hale from stabbing Officer Loor yesterday as Mr. Hale had a rap sheet. Another provision requires hospitals to notify mental health officials when someone who was involuntarily committed-- already been determined to be 'danger to self or others-- is being released. Again: that allows mental health officials to see if they need mandatory treatment in community. The bill would also require that mental health officials to review expiring court orders to see if they should be renewed. That might have kept Benedy Abreu in treatment and prevented Officers White and Fair from being stabbed.

Makes sense? Of course it does. That’s why it’s endorsed by the Alliance on Mental Illness of New York State, made up of parents of people with mental illness who want better treatment for their loved ones, and the New York State Association of Chiefs of Police, who want to keep the public and officers safer.

But Assemblyman Felix Ortiz Chair of the Mental Health Committee, for the second year in a row is refusing to bring the bill up, pass it, and refer it to the legislature so it can become law. He can be reached at 718-492-6334 or 518-455-3821.