Lawyers say a Pennsylvania county traps people with mental illness in jail indefinitely
Philadelphia InquirerSep 12, 2021
Sep. 12—Reviewing a case at the
"This is about as helpful as a rubber crutch," he finally told the lawyers arguing in front of him. "Either I keep him in jail or I let him go, but he still has no help."
In the end, Kelly agreed to postpone the decision another week, hoping some help could be found by then.
But left unresolved, the Delaware County Public Defender has argued, is a larger problem: The county has been jailing people with mental illness for alleged offenses resulting from their disabilities — then keeping them in jail for months or even years because county probation and jail mental health staff had not made housing or treatment arrangements, and would not approve alternatives such as homeless shelters.
Those concerns were outlined in a series of filings over the last few weeks seeking immediate release for a half-dozen people whose public defenders say were locked up with no legal basis.
"Jail is not a resource," First Assistant Defender
County probation officials did not respond to questions from The Inquirer last week, and Kelly was unavailable for an interview, according to a spokesperson.
In an interview, Delaware County First Assistant District Attorney
"These are extremely difficult and oftentimes really sad cases," he said, adding that a lack of resources in
"In probation, we see this over and over again: So many people who are incarcerated have disabilities. Those disabilities are very rarely taken into account," said Nyssa Taylor of the
She said such cases raise numerous legal issues — among them, potential violations of the Americans with Disabilities Act, since schizophrenia is a recognized disability. "The probation department should be working with these people to make sure those who are struggling with a disability have the necessary accommodations to succeed."
The situation mirrors practices in some other counties, including
"People were being held indefinitely because they do not have an address ... and homeless shelters did not qualify," said
The Probation Trap: How lenient sentences can lead to harsh consequences
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