Study highlights pitfalls in SL County criminal justice system

Estimated read time: 4-5 minutes

This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.

SALT LAKE CITY — A study analyzing Salt Lake County's criminal justice system revealed that a number of people discharged from jail for pretrial supervision or probation aren't meeting the terms of their release, while those with mental illness are the most likely to end up back behind bars.

The yearlong study tracked people being booked and released from the Salt Lake County Jail, finding that one of every three people released for Pretrial Services failed to meet the requirements set for them, with the vast majority of those missing court appearances.

More than half of people violated terms of their probation, the survey found, compared to an average 35 percent failure rate nationwide.

Overall, those with mental illnesses stayed in jail twice as long and were more likely to return, while it remains murky just how many people being released have behavioral health issues or are being connected to support services, according to the report.

The study was released one day after the state's Disability Law Center announced a class action lawsuit against the Utah Department of Human Services alleging that, statewide, mentally ill individuals are being found incompetent for trial but are left to languish in jail while they wait for court-ordered restoration treatment.

In a joint release, Salt Lake County Mayor Ben McAdams, Sheriff Jim Winder and Salt Lake County District Attorney Sim Gill offered support for the review Wednesday and its constructive criticism on ways the county could improve.

"We have a criminal justice problem in the county that is not sustainable," Gill said. "This report validates what we've known are the gaps that must be addressed. We're ready, willing and able to step up to the plate and solve problems."

The data-driven review released Wednesday was requested by the county's Criminal Justice Advisory Council and was conducted by the nonprofit Council of State Governments Justice Center between Aug. 1, 2013, and July 31, 2014.

The report included recommendations for stemming the flow of people moving out and back into the county jail. Among the targets recommended in the review, the council urged Salt Lake County to screen all jail bookings for mental illness, substance abuse disorders and a risk assessment.

We're ready, willing and able to step up to the plate and solve problems.

–Sim Gill, SL Co. D.A.

From there, the council urged connecting people to needed services sometime before they are released — or within four weeks of their release if they're already familiar with the services — including transporting willing and eligible individuals with behavioral health issues directly from jail to treatment.

Ultimately, the review suggests failure rates for individuals on probation or in community supervision could be cut in half by carefully prioritizing support recesses based on risk assessments — information that, at the time of the survey, was not consistently collected or shared for reference when making decisions about release.

"Our ability to identify all people with behavioral health disorders in the jail will help us to improve their re-entry into the community, help ensure they get appropriate health services once they are released, and ultimately lower the risk they'll be back in jail," Winder said. "There's no piecemeal approach to this. We have to share data and follow evidence to do what works."

The report comes just weeks before Utah's HB348, called the Justice Reinvestment Initiative, will redefine a number of low-level drug offenses from felonies to misdemeanors. The bill also provides funding, which can begin paying for some of the target efforts recommended in the survey, the release noted. Many objectives, however, will be pursued later as timing and funding allow.

Together, McAdams, Winder and Gill said they are encouraged by the legislative support and noted that the county is well-positioned and prepared to benefit from the funding it provides.

Michael Thompson, director of the Council of State Governments Justice Center, applauded the system the county is building to direct mentally ill individuals into treatment rather than incarceration.

"What sets the work of Salt Lake County apart from other counties is a sophisticated, comprehensive plan to identify incoming jail clients with mental illness, understand his or her risk of re-offense and then to match that person to the services and supervision corresponding to the risk and need, and to help that person succeed post-release," Thompson said.

Gill recently highlighted his priority for implementing therapeutic justice models and justice reform as one of his reasons for assuming the role of Salt Lake City prosecutor in addition being the county's district attorney. The streamlined process, he said when the merger took effect at the beginning of the month, will facilitate evidence-based implementation of programs like drug treatment initiatives and mental health court.