Lawmakers to weigh enhancing jail oversight, boosting mental health treatment of inmates

Several inconclusive investigations into Jamycheal Mitchell's death at Hampton Roads Regional Jail have sharpened a focus on issues relating to mental health in jails and facility oversight heading into the 2017 General Assembly session.

The case of Mitchell, a 24-year-old diagnosed with bipolar disorder who died after being arrested for allegedly stealing $5 in snacks from a convenience store, has spurred a groundswell of support for reform in Virginia. Mitchell had twice been court-ordered to receive emergency treatment at Eastern State Hospital but was never transferred.

His death came at a time of mounting concern over a pendulum swing from one form of institutionalization to another; although experts across disciplines agree jails are not equipped to treat mental illness, those once viewed as candidates for state hospitals increasingly find themselves behind bars for minor infractions.

For Clif Lewin, whose fiancée is incarcerated at Middle River Regional Jail awaiting adjudication on charges she fled a work release program, change cannot come quickly enough. Lewin said the woman was diagnosed with bipolar disorder and has other health challenges.

"We talk every day but Tuesdays, and when she doesn't call, I fear the worst," Lewin said. "It's worrying me to death."

Mental health advocates say jail is not the place for those with serious mental illnesses, but in the absence of a radical system overhaul, they plan to push for more treatment and more robust screening of inmates entering the system.

There also are proposals in the works that would charge jails with the responsibility of ensuring that an inmate receives a mental evaluation for hospital admission if the evaluation has been ordered and that they be required to transfer an inmate court-ordered to receive emergency mental health care within 10 days of the decision, said Mira Signer, executive director of the National Alliance on Mental Illness in Virginia.

Both of those issues emerged in the case of Mitchell, who died in his cell Aug. 19, 2015, of complications from wasting syndrome after losing more than 40 pounds over his 101-day stay at the Portsmouth jail. The U.S. Department of Justice announced last month that it had opened a federal civil rights investigation into the jail over concerns about inmates' access to medical and mental health care.

Two other Hampton Roads Regional Jail inmates died last year after their requests for emergency medical care were denied, records their family members shared show. But the facility received a 100 percent compliance rating on a state Board of Corrections annual inspection the month Mitchell was booked in.

Gov. Terry McAuliffe announced last month that he would seek to clarify the board's oversight responsibility of jail deaths in the 2017 session. As of last fall, board members were not notified of inmate deaths as they occurred, and had not investigated any in recent memory.

McAuliffe spokesman Brian Coy said officials are still working to craft the suggestion into legislation that will be taken up by lawmakers.

McAuliffe last month pitched $31.7 million in new funds to improve the state's mental health system and address the opioid crisis, which includes $4.2 million to boost mental health screening and assessment of inmates entering jails.

Legislation from state Sen. L. Louise Lucas, D-Portsmouth, would task the local community services boards that form the backbone of entry into Virginia's public mental health system with administering mental health services to jail inmates if needed.

Lucas did not return an interview request. Neither did the executive director of the Virginia Association of Community Services Boards.

About 40 people died in the custody of local and regional jails in 2016, data from the state's Department of Corrections obtained in December show.

Lewin said the loved ones of those incarcerated should not have to fear for their safety.

"I don't just worry for her," he said of his fiancée. "I'm thinking about everyone inside and their people on the outside."