It is with a special sense of pride that we in Dade County can point...e Andrew as a shining example of the many strengths of our community

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
OF FLORIDA IN AND FOR THE COUNTY OF MIAMI-DADE

FINAL REPORT
OF THE
MIAMI-DADE COUNTY GRAND JURY

SPRING TERM A.D. 2004

*******
State Attorney
KATHERINE FERNANDEZ RUNDLE
Chief Assistant State Attorney
DON L. HORN

file:///C|/Documents and Settings/ASegura/Desktop/Front Page Final Report S 04.htm (1 of 3) [1/11/2005 10:35:12 PM]

It is with a special sense of pride that we in Dade County can point...e Andrew as a shining example of the many strengths of our community

JOSE A. MARTINEZ LORRAINE DUARTE
FOREPERSON CLERK

FILED
January 11, 2005

Circuit Judge Presiding
JUDITH L. KREEGER
Officers and Members of the Grand Jury
JOSE A. MARTINEZ
Foreperson
JUAN M. QUINTANA, JR.
Vice Foreperson
JACQUELINE GRACE
Treasurer
LORRAINE DUARTE
Clerk
MARIO A. AGUILAR VALERIE S. HOPKINS
HARRY B. ARNOLD, JR. NATASHA LYNN KIRBY
PAUL A. AZAN RUSSELL McCURDY
ANA M. BONET MARY LYNN PAUTZ
ROBERT FINK LIDIA PEREZ DE ALEJO
MIRIAM GARCIA MERLANDE PIERRE
ALAN F. GARDNER MELVYN REISMAN

file:///C|/Documents and Settings/ASegura/Desktop/Front Page Final Report S 04.htm (2 of 3) [1/11/2005 10:35:12 PM]

It is with a special sense of pride that we in Dade County can point...e Andrew as a shining example of the many strengths of our community

JENNIFER LYNN GRAHAM KESHA BURNEY WALKER
MIRIAM HERNANDEZ
*******
Clerk of the Circuit Court
HARVEY RUVIN
*******
Administrative Assistant
ROSE ANNE DARE
*******
Bailiff
NELIDO GIL, JR.

file:///C|/Documents and Settings/ASegura/Desktop/Front Page Final Report S 04.htm (3 of 3) [1/11/2005 10:35:12 PM]

It is with a special sense of pride that we in Dade County can point...e Andrew as a shining example of the many strengths of our community

INDEX

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM:
A RECIPE FOR DISASTER / A PRESCRIPTION FOR IMPROVEMENT
Pages
1 - 46
INTRODUCTION…………………………………………………..……………….. 1
I. MENTALLY ILL PERSONS IN OUR CRIMINAL JUSTICE SYSTEM .….…… 1
A. MENTAL INSTITUTIONS – An Historical Perspective ……………………… 1
A. JAILS HAVE BECOME OUR NEW MENTAL INSTITUTIONS …………. 3
B. OUR TOUR OF THE PRE-TRIAL DETENTION CENTER …………………. 8
C. THE CRIMINALIZATION OF MENTAL ILLNESS ………………..………. 11
D. A PRESCRIPTION FOR IMPROVEMENT …………………………………… 13
II. POLICE INTERACTION WITH MENTALLY ILL SUBJECTS ……………….. 19
A. CRISIS INTERVENTION TEAM TRAINING ………………………………… 23
B. TASERS …………………………………………………………………………… 29
CONCLUSION ……………………………………………………………………….. 35

RECOMMENDATION ……………………………………………………….……………. 36
APPENDIX A: Demographic Information on Mentally Ill Subjects Arrested
And Booked in the Miami-Dade County Jail in 2002 .………. 39
APPENDIX B: Actual Police Encounters With Violent Subjects …………………. 40
APPENDIX C: Aventura Police Department Use of Force Statistics ……………… 46
INDICTMENTS…………………………………….………………………………….…….. 47 - 50

ACKNOWLEDGEMENTS……………………….……………………………..……………. 51

file:///C|/Documents and Settings/ASegura/Desktop/Index S 04.htm [1/11/2005 10:36:06 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM:
A RECIPE FOR DISASTER / A PRESCRIPTION FOR IMPROVEMENT

INTRODUCTION
As you will soon appreciate from this report, mental illness is a major problem in our community, our
state and this nation. For those who suffer from it, it is a chronic problem that very often leads to
unemployment, strained family relationships, homelessness, substance abuse and criminal activity.
Mental illness does not respect any particular race, gender, age, nationality or socioeconomic level. It
still carries a stigma and, left untreated, it creates problems for both the individual and the community.
We write and issue this report in hopes that we can help educate the general public and lawmakers about
the nature of the problem, the impact it is having on all of our lives and how we can improve the plight of
those who suffer from this disease. Although we recognize that problems and issues surrounding mental
illness are multifaceted, we will only focus on two aspects herein – 1) Adults with mental illness who are
recycled through our criminal justice system; and 2) Police encounters with persons suffering from
mental illness.

I. MENTALLY ILL PERSONS IN OUR CRIMINAL JUSTICE SYSTEM
A. MENTAL INSTITUTIONS – An Historical Perspective
For years, concerned individuals sought to improve the plight of the hundreds of
thousands of mentally ill patients who were being detained in mental hospitals across our
country. Many of the patients were being held because they posed significant danger to
themselves or others. Treatment at that time was described by one of our witnesses as
barbaric and archaic. It included insulin-induced comas, cold baths with ice and shock
therapy. However, during the late 1950’s and early 60’s, the entire mental health
landscape changed with the discovery and development of anti-psychotic medications.
Treatment with these medications significantly reduced the danger posed by these patients
and would allow them to lead relatively normal lives.
As a result of years of complaints (and abuse), the advent of these new medications and
rulings by the United States Supreme Court, a decision was made to close many of the
state mental hospitals, de-institutionalize (release) the patients and offer treatment at
community-based facilities. The hope was to place the mentally ill in our communities and
provide support and treatment that should permit them to lead productive lives. The
majority of patients were released. However, there were insufficient local programs
available to treat them. As a result, persons who had been receiving medication and were
then stable were released into the community with no treatment and no means to ensure
that they were taking their medications. The failure to provide treatment and the absence
of sufficient treatment facilities was going to affect our criminal justice system in ways
that no one could yet imagine.
One can appreciate the significance of this failure when we note that there were 560,000
file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (1 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

patients in mental hospitals in 1955. Over the next four decades, while asylum populations
nationwide decreased by 90 percent, the prison population grew by 400 percent. There are
presently less than 40,000 patients in mental hospitals in the United States. Now, the
majority of persons suffering from mental illness are in our jails, prisons and on our
streets. A review of a few statistics puts the issue in focus.
A Good Idea Gone Bad
Nationally, more than 500,000 persons with mental illness are on probation. The United States ranks
number one in the world in the number of persons suffering from mental illness. The United States also
ranks number one with the largest number of untreated cases of mental illness. According to a recent
report, there are three times as many men and women with mental illnesses in U.S. prisons as in
state psychiatric hospitals. Further, nearly half the inmates with a mental illness in state
or federal custody in the United States are incarcerated for committing a nonviolent
crime.
On a local level, the state of Florida has the highest rate of mental illness in the nation. Further,
due to our nice weather, poverty and a significant immigrant population, South Florida has the highest
percentage of mentally ill persons in its general population. Based on the national average, 3% of the
total population suffers from some form of mental illness. For Florida, it is 9%, or three times the
national average. Further, it is estimated that from one-half to two-thirds of our homeless population
suffers from mental illness. Drug problems or substance abuse disorders are also prevalent for 70 – 80 %
of persons who suffer from mental illness.
With the release of patients from our state mental hospitals, what had been a state problem became a
local issue. Because most of the mentally ill were locked up in asylums, the state was responsible for the
operation of those state hospitals, doctors, medications, housing, treatment and inherent costs. Once all
were released to local communities, the costs of dealing with the mentally ill has been primarily borne by
our local county governments in the form of paying to house and treat thousands upon thousands of
criminal defendants in our jails. It has been estimated that Florida’s local jails have become the largest
public psychiatric hospitals, housing five times more people with mental illnesses than the
state’s psychiatric institutions.
B. JAILS HAVE BECOME OUR NEW MENTAL INSTITUTIONS
In fact, one of the clearest indicators of the crisis that exists in our community is the present
situation at the Pre-trial Detention Center, commonly referred to as the Dade County Jail. The jail
has nine (9) floors. In 1985, inmates with psychiatric problems occupied 2 out of 3 wings on one
floor in the jail. Each inmate had his own bed and there were approximately eighty (80) such
inmates. Today, there are more than eight hundred to twelve hundred such inmates in the jail at
any given time who are experiencing some form of mental illness. Some of their conditions are so
severe, that they cannot be housed in the general population. Instead, these "chronic" cases now
occupy 3 wings on three floors! Included in the group of inmates are defendants whose mental
illness is so "acute" they are placed in safety cells and checked every fifteen minutes to prevent
suicides or serious bodily injury.
In addition to the inmates on these three floors, there are hundreds of other inmates on any given
day whose conditions are stable enough (or whose conditions were stabilized after being

file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (2 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

incarcerated) that they can be (and are) housed among the inmates in general population. Most of
those inmates in the general population take medication daily to keep them from declining. All of
the inmates on the three psychiatric floors receive daily medication. Some of the medications are
administered in emergency situations against the will of the inmates. Daily visits are made by
doctors and nurses while these defendants are locked up in the jail. In essence, the Department of
Corrections is trying to run a psychiatric hospital in a facility that was designed to house persons
who have engaged in criminal behavior. The costs for running this "hospital inside a jail" are
staggering.
Many of the costs and expenses incurred in providing the limited medical care, counseling and
medication are taken out of the budget of Jackson Memorial Hospital. Psychotropic medication
alone is in excess of a million dollars per year. Moreover, many of the inmates receiving
medications are "treated" at the jail several times a year. To understand the significance of the
costs incurred, we must look at some other numbers.
We recognize that this is not only a problem in our county or state. The Monroe County, New
York Jail spends approximately $315,000 per year in overtime for deputies who are conducting
twenty-four hour suicide watch. The Pennsylvania Department of Corrections estimates that it
costs $80 per day to incarcerate an average inmate and $140 per day to incarcerate an inmate with
a serious mental illness.
Locally, it costs Broward County taxpayers $78 per day to house an inmate at the Broward County
Jail. It costs Broward County taxpayers $125 per day to house an inmate with a mental illness. In
Miami-Dade County, the numbers are not any better. Miami-Dade County taxpayers spend $ 18
per day to house general population inmates at its jail. The cost for housing inmates with mental
illness is $125. Statistics also indicate that the length of incarceration at the jail for a person
suffering from mental illness is eight times longer than an inmate in general population. That is
only the beginning of the expenses.
An inmate arrested for a felony level charge who is determined to be suffering from a severe
mental illness will, in all probability, be given a psychiatric evaluation ordered by the court. This
evaluation is conducted by "outside" doctors who have agreed to "only" charge the county $150
per evaluation. The purpose of the evaluation is to determine whether the defendant is competent
to understand the charges filed against him and is able to assist his attorney in defending his case.
Depending on the findings in the psychiatric evaluation report, the defendant’s attorney and the
prosecutor may each also want the defendant evaluated by "outside" psychiatrists, who will also
charge $150 per evaluation. It takes several weeks for this process to play out. Meanwhile, the
defendant resides at the jail at a cost of $ 125 per day.
If, after review of the three reports, the parties stipulate or the court finds that the defendant is
incompetent to stand trial, the defendant will be sent to one of the state’s forensic hospitals for
treatment. The defendant will probably spend at least a month or two at the state forensic hospital,
where he will be treated (given medication) to stabilize his condition. He is evaluated by in-house
psychiatrists at the state hospital and once they determine that he is competent to stand trial, he is
shipped back to the Dade County Jail.
Upon his return to the jail (at $125 per day), another psychiatric evaluation is ordered (another
$150) to confirm that the defendant is competent to stand trial. Once that evaluation is complete
file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (3 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

and the defendant is determined to be competent, his case is set for trial or the case is otherwise
resolved (possibly through a plea bargain). If the case is resolved through a plea, it may very well
include a period of probation and will also include special conditions for that probation. The
defendant will usually be required to get outpatient mental health treatment and counseling during
the course of his probation. If his condition is severe, he may be required to participate in a
community residential mental health facility, to be followed by outpatient treatment. Failure to
attend the programs constitutes a violation of his probation and will cause his case to be sent back
to court.
If the defendant is arrested again, either for violating his probation and/or committing a new
offense, this entire process and the resultant costs may begin anew. The aforementioned scenario
describes the typical handling of a mentally ill defendant charged with a felony in Miami-Dade
County. There are also significant jail costs associated with mentally ill defendants charged with
misdemeanors offenses. However, the law provides different results if the highest charged offense
is only a misdemeanor.
The law is designed to try to prevent sending individuals to forensic hospitals if they
have only committed minor offenses. Therefore, even if the judge makes a
determination that a defendant standing before him is mentally ill, and is
incompetent to stand trial, the judge cannot commit the defendant to a forensic
hospital. Moreover, if the defendant does not pose a danger to himself or others at
the time he appears before the judge (probably because he was treated and stabilized
while locked up in the jail), he is released from custody back onto the streets. In
other words, the court cannot involuntarily hospitalize a misdemeanant offender
who is incompetent to stand trial. Without any safety net such as aftercare or a
case manager to help him obtain benefits and services, it will only be a matter of time
before police will arrest the individual again for some other minor offense and the
cash register for these costs will start ringing again. Many of these misdemeanant
offenders will be arrested and/or Baker Acted several times a year. Every return
visit usually requires stabilization.
Social Services in the Jail
In addition to providing medical care, the Department of Corrections Health Services unit also
provides social services for inmates with mental illnesses. It is a daunting task. There are eleven
social workers spread out over five (5) detention facilities in Miami-Dade County; Women’s
Detention Center (1 social worker); Metro-West (1 social worker); Pre-Trial Detention Center Jail
(7 social workers); and Turner Guilford Knight (TGK) and the Stockade (2 social workers).
The social workers have individualized contact with the mentally ill inmates, participate in group
therapy sessions, assist the psychiatrists in encouraging inmates to take their medication and
conduct follow-up to help ensure that they are doing so. In addition, they assist in conducting
assessments and evaluations of the inmates as well as collaborate with the courts, the Department
of Corrections and community agencies to find services for the inmates after their release. Herein
lies a major part of this problem.
A mentally ill inmate who ends up in custody for acting out as a result of failing to take his
medication may very well have his condition stabilized in jail. While in the jail, his condition may
file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (4 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

improve such that he can move from a psychiatric wing to a general population floor. The
assessments, evaluations, counseling sessions and medications are designed to (and may) get him
in a condition where he is able to function in a fairly normal fashion.
Once he is released, he will be transitioning back to his normal life style. He will carry with him
his "poor insight," a condition that renders seriously mentally ill people incapable of understanding
that they are sick, have symptoms and would benefit from treatment. For a successful transition, a
continuum of care needs to be provided. In other words, to remain stable, he will need to continue
with the same type of treatment, counseling and medication he was receiving while in custody.
The problem here is there are far too few facilities available to provide such services. Without such
services, it will only be a matter of time before the inmate is re-arrested, returned to the jail and
recycled through the system.
How Do We Address the Problem?
Community mental health centers ("CMHC’s") would be the ideal place for former
inmates to receive such service. Such centers would also be the ideal location for
providing services to others in our community who suffer from mental illness. CMHCs
offer residential programs, day treatment and some even provide assistance in finding
employment for their clients.
However, as reported by the Chief Clinical Social Worker at the jail, approximately
90% of the persons identified in the jail who have mental health problems also
suffer from alcohol or other substance abuse. This dual diagnosis / dual treatment
reality exacerbates the transition problem for many of the former inmates. They
have two major (treatable) conditions and not enough resources to draw on to deal
with either.
The recycling of mentally ill inmates through the jails is also fairly predictable
due to the absence of case managers. Having case managers available would allow
for follow-up care. Case managers could assist the mentally ill patient in keeping
appointments, obtaining medication, benefits and services and ensuring that he is
taking his medication. The failure to provide case managers guarantees that huge
sums of money spent in the jail are effectively being wasted.
When the mentally ill arrive in the jail, those in the criminal justice system spend
time, resources and money for assessments, evaluations, medications, counseling and
treatment. For many inmates, this quality of care restores their mental stability.
They are then released back into the community with no case managers, no follow-up
treatment and eventually their mental instability returns. For many, the
instability is simply caused by a lack of available medication or the failure to take
their medication. Eventually, they will do something that will bring them to the
attention of the police and they will be arrested again. The cycle begins anew.
Alternatively, the failure to provide follow-up care and treatment may cause such
a decompensation in their mental stability that the person must now be Baker Acted.
After having their conditions stabilized while in custody, they have deteriorated so
badly on the streets that they pose dangerous risks to themselves or others. The

file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (5 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

costs for the Baker Acts is also a huge expense.
After being armed with some of this information, we decided that we would take a
tour of the jail.
C. OUR TOUR OF THE PRE-TRIAL DETENTION CENTER
Mission Statement: We, the Miami-Dade County Corrections and Rehabilitation
Department serve our community by providing safe, secure and humane detention of
individuals in our custody while preparing them for a successful return to the community.
Nothing could have adequately prepared us for the sights and sounds we witnessed on our
tour. We viewed the "acute" psych wing and observed inmates who were obviously
suffering from some form of mental distress. The yelling from some of the inmates
confirmed the existence of paranoia, hallucinations and delusions. Their stares were
gripping.
The setting and the cells were cold and stark. Plexiglas covered the doors to allow
correctional officers full, direct and unobstructed views into the cells at all times. The
persons detained in these cells were at risk for suicide and were under almost constant
watch with bed checks every fifteen minutes. The lights are on in the cells twenty-four
hours a day and many of us found the area to be extremely cold. The beds are made of
metal. To help prevent suicides, the cells are devoid of any items that could assist in that
effort. Thus, no sheets, mattresses, toiletries or clothing is allowed. Neither are books,
pens, papers or recreational activities. There is absolutely nothing for these inmates to do
as they are confined to their cells. The inmates are offered Ferguson garments, if they
choose to wear them. Notwithstanding all of these precautions, the seriously disturbed
inmates still find ways to harm themselves. These include diving off the bed onto the
concrete floor and banging one’s head against the wall.
Witnesses informed us that as bad as the physical structure looks, it is an improvement
over what the wing looked like before the $100,000 worth of renovations and
improvements in 1998 and 2002. The most recent changes included retiling the floor and
construction of an island in the center of the floor. The island serves as a nurses’ station
and guard post for the correctional officers working on the psych wing. An office for the
psychiatrists was also included in the latest build out.
Of all the sights from our tour, the most haunting image probably was an unoccupied cell,
which did not have a regular metal bed. Instead, it contained a four-point restraint bed,
which sat in the middle of the floor. The presence of that bed in the unit served as a vivid
reminder that the correctional staff and medical personnel deal with severely ill persons
who, at times, can be very dangerous. As described to us, the restraint device is used as a
last resort. When medication, counseling and two-point restraint in the cells is
insufficient, inmates may be placed in the four-point restraint bed to keep them from
injuring themselves or others. For many of us, scenes from the movie, One Flew Over the
Cuckoo’s Nest, came rushing back.
The obvious threat of danger posed by these inmates results in more restrictions of their
freedom of movement inside the jail and less socialization and recreation than that
file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (6 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

permitted for inmates in general population. For instance, on other floors, we observed
that inmates are allowed to interact with each other and even share televisions and
telephones in some of the common areas of their floors. Moreover, they are allowed to go
down to the exercise yard (which is a concrete enclosed and concrete floor area) where
they can at least get some fresh air and sunshine. Neither of these "perks" is available for
the inmates in the acute psych wing. For obvious reasons, televisions are not included in
their cells. Similarly, because of the danger they pose to themselves and others, they are
not allowed to mingle or interact with other inmates. This safety risk also makes it
impossible for correctional officers to take them to the exercise yard. These inmates are
allowed out of their cells for fifteen (15) minutes every day and given the "opportunity"
to shower. If they choose to do so, this activity is also monitored.
We found the setting and conditions less than ideal for treating persons suffering from
mental illness. In fact, one witness opined that placing an individual with even marginal
psychological issues in this environment is probably going to make the inmate’s condition
worse. Notwithstanding the bleak environment, we were also reminded that the primary
function of the jail is to provide a secure facility to detain persons accused of committing
crimes. The jail’s primary goal of maintaining custody, providing security and preventing
escape of inmates is at odds with providing medical care to very sick people. In fact, the
persons who are providing security for the mentally ill are not given any training for
dealing with this segment of the inmate population.
The mental health wings are staffed by a number of correctional officers who have
volunteered to work on those floors. Over time, they have become adept at dealing with
the inmates and the inmates develop relationships with the officers. On many occasions, a
correctional officer who has established a relationship with an inmate who has been in
and out of the system may prove more effective than the doctors, nurses and social
workers in getting him to take his medications or follow other instructions.
Unfortunately, there is no pay incentive for officers to work on those floors. This makes
no sense to us when one considers the conditions under which they work. Therefore, we
recommend:
1. In light of the close continuous contact between correctional officers and the
mentally inmates they guard we recommend CIT Training for all correctional
officers who work on those floors.
2. As there are with some of the police departments that have Crisis Intervention
Teams, we recommend that the Department seek and award pay incentives to those
correctional officers who elect to serve their shifts working on the floors where
the mentally ill inmates are housed.
B. THE CRIMINALIZATION OF MENTAL ILLNESS
Chronically ill persons suffering from mental illness will end up coming to the attention of the
police. They may be involved in minor infractions (walking in traffic on a busy street and talking
to themselves) or they may have just become an eyesore for business owners or residents in a
particular neighborhood. Either scenario will usually end up with police being called to the scene
and often times will result in an arrest. The offenses charged are usually very minor, and in cases
involving defendants who are not suffering from mental illness, are usually resolved within days of
file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (7 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

the arrest. "Credit for time served" is a normal sentence offered by the court at jail arraignments
(which are held within 24 hours of a person’s arrest). Thus, a "normal" defendant may spend one
or two days in jail and his case is dismissed. The plight of the mentally ill defendant is much
different.
Depending on the mental state of the defendant at the time of his arrest, the arresting officer may
decide to Baker Act the defendant. Having a person Baker Acted is an involuntary process
designed to get mental health treatment for the person who is posing a significant danger to
himself or others and who is not able to take care of himself. These persons are also recycled
through the system. Recidivists Baker Act examinations increased 50% between 2000 and 2002. In
Fact, Florida law enforcement officers alone initiate nearly 100 Baker Act cases each day.
Moreover, in 2000, there were 34 percent more Baker Act cases (80,869) than DUI arrests
(60,337). Many of them will be referred to the state forensic hospitals.
The costs for this treatment is staggering. In 2003, Miami-Dade County had 250 persons
committed to a Florida state forensic hospital. The cost for treatment was $28 million – for
Miami-Dade County alone.
If the officer decides to arrest the subject instead of Baker Acting him, the subject is taken to the
jail. Again, the defendant is screened during processing and a determination is made as to the level
of his present mental condition. Depending on that assessment, he will either be placed in general
population, or if undergoing a more severe episode, placed on one of the psychiatric floors.
In an effort to identify the magnitude of the "revolving door" problem, a study was conducted of
persons with mental illnesses in the jail who were arrested over a one-year time period. Within that
12-month period (2002), 3,070 individuals with mental illnesses were arrested and booked into the
jail. More than half of all the bookings were for 3rd degree felonies (45%) and misdemeanor
offenses (7%). The majority of the 3rd degree felonies were drug-related charges. The 3,070
individuals actually accounted for 3,452 bookings because many of them were arrested multiple
times during the course of the year. Of the total number of persons arrested, one in ten were
arrested more than once during that year. Forty-one percent (41%) of the 3,070 arrests were made
by officers with the Metro-Dade Police Department. Approximately thirty percent (30%) were
made by the City of Miami Police Department. It was estimated that half of the arrests might
have been avoided by taking mentally ill persons in crisis to a receiving facility instead of to
the jail. Further, providing specialized training to more uniformed officers could
assist the officers in identifying individuals who may have mental illnesses and
de-escalating potentially volatile situations. Absent the specialized training and
availability of Crisis Stabilization Units ("CSUs") those suffering from mental illness
are arrested and the jail becomes the primary treatment facility for that segment of
our community. The jail does little more than warehouse (on a temporary basis) and
medicate thousands of mentally ill inmates every year. It is not intended, nor was it
designed to treat persons whose primary problem is sickness, not criminality.
Once they are arrested, other disparities in the criminal justice system begin. As
previously stated, mentally ill inmates in the jail stay eight times longer than
inmates in general population. This also is not just a local problem. On Rickers
Island, New York City’s largest jail, the average length of stay for all offenders is

file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (8 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

42 days; it is 215 days for inmates with serious mental illness. The inmate undergoing
a mental health crisis is also very likely to be placed in an administratively
segregated section of the jail (psychiatric wings and suicide watch cells) which will
afford him less comforts and privileges (including the right to visits from family
members) in comparison to other inmates. Some of these conditions themselves are
very likely to bring on or exacerbate the psychosis of those housed in such units.
However, there is hope for improvement.
C. A PRESCRIPTION FOR IMPROVEMENT
In spite of all the dire information set forth thus far in this report, there is some good news to share
regarding misdemeanor offenders who suffer from mental illness and/or substance abuse.
In the year 2000, the Eleventh Judicial Circuit Criminal Mental Health Project was created. Under the
leadership of the Honorable Steven Leifman, Associate Administrative Judge, Circuit Court Criminal
Division, partnerships were formed with the Florida Department of Children and Families (DCF),
Jackson Memorial Hospital ("JMH"), The National Alliance for the Mentally Ill ("NAMI"), several
police departments and the criminal courts. The goal was to develop better ways of dealing with the
number of repeat misdemeanor offenders who suffered from mental illness and were coming in contact
with the criminal justice system. One of the greatest benefits thus far from that collaboration was the
creation of the Jail Diversion Program.
The Jail Diversion Program is designed to make jail the place of "last resort" for persons with mental
illness. It has two components (pre-arrest and post-arrest diversion program) and includes a
comprehensive case management program that addresses transition and housing issues as well as
substance abuse.
As to the pre-arrest diversion, the program’s intent is to prevent persons with mental illness from ever
entering the criminal justice system. In coming to an understanding of how the program works, we also
came to an understanding of why so many partners had to be included in this effort. It starts with the
uniformed police officers on the street who are usually the first to encounter individuals who are in crisis
due to mental illness. Ideally, the officer responding to the call has received Crisis Intervention Team
Training and is a member of the police department’s Crisis Intervention Team. Based on the training the
officer is able to recognize that he is dealing with someone with a mental illness and, using the tools
developed during the training, bring the encounter to a non-violent end. Once the misdemeanor offender
is in custody, the officer takes the individual to a county mental health receiving facility. Upon arrival,
the individual is evaluated and treated (stabilized) and referrals are ultimately given for aftercare,
housing and job training. The diversion to the mental health receiving facility is in lieu of taking the
misdemeanor offender to jail.
However, even in situations where an arrest is made for a misdemeanor offense, the post-arrest aspect of
the Criminal Mental Health Project may still be used to provide treatment outside of the jail setting.
Under the County Court Jail Diversion program, a misdemeanor defendant suffering from a mental
illness, who is taken to the jail, will have his charges and mental health history reviewed. If the defendant
meets the criteria, within 24-48 hours after his arrest, he will be diverted to a community mental health
facility for appropriate treatment. In many cases, after a review of the charges and the defendant’s mental
health history, the State Attorneys Office and the defense attorney may agree to have the charges
dropped upon the defendant’s stabilization and successful completion of a discharge plan. In

file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (9 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

situations where this is done, the defendant and his case have effectively been removed
from the criminal justice system within 24-48 hours after his arrest.
The costs saved as a result of this diversion program include the following: daily jail
costs for housing, feeding and treating the inmate in the jail; additional correctional
officers who are needed to monitor the mentally ill jail population; court costs and
expenses of the judge, court clerk, bailiff, prosecutor, defense attorney, court reporter,
correctional officers and others who are present every time the case appears on a court
calendar; and the costs of taking police officers off the street to appear for trials and
hearings, sometimes at overtime rates because the court schedule is not within the
officer’s work schedule.
The primary reason that the recidivism rate for this population is so high is that
traditionally, a lot of money is spent stabilizing the individuals after they are arrested
and in the jail; however, no money (or thought) is given to providing a way to keep them
stabilized once they are released. The Mental Health Project addresses this much needed
strategy.
We were pleased to hear that, as a result of tremendous success, the Criminal Mental
Health Project was awarded a one million dollar grant from the Substance Abuse &
Mental Health Administration to expand the existing jail diversion program. The MMHP
was only one of seventeen sites across the United States to receive funding specifically
for jail diversion purposes.
As part of the expansion, the new program will provide more Crisis Intervention Team
police training, which will allow more officers to be trained per year. The case
management aspects of the program will also be expanded, allowing for individualized
aftercare plans and continued reassessment of need for referrals for those involved in
the program. Finally, the expansion will also focus on jail diversion research, so that data
can be accumulated and evaluation of the program conducted.
The Florida Department of Children and Families is one of the partners in the Project. DCF
has assigned a case manager to the Post-booking Jail Diversion Program to facilitate the
discharge and aftercare planning for the misdemeanor defendants who are diverted from
the jail to mental health facilities. The aftercare is designed to provide a full array of
referrals, benefits and services to these individuals. It includes: an assessment by the
Court to determine the specific needs of the individual; a housing component to ensure
that adequate housing is available; an ID Program that offers identification cards to
individuals in the program; assistance in obtaining and expediting access to certain
benefits to which the individual may be entitled; and providing a contingency fund that is
available to indigent program clients for housing and medication needs. The aftercare
plan also includes psychiatric follow-up, medication management, mental health
treatment follow-up and treatment for substance abuse.
Does it work? Since the inception of the program, there has been a drastic reduction of
arrests for this target population. Statistics reveal that 221 individuals were diverted by
the Jail Diversion Program in 2002. The number increased to 283 in 2003. Prior to creation
of the Jail Diversion program, the recidivism rate for this population was estimated to be
file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (10 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

approximately 70%. It was reduced to 18% in the first year of operation and dropped an
additional 2% in 2003. A cost analysis conducted at the end of the first year of operation
estimated that the program saved Miami-Dade County $2.5 million over the one-year time
period. Although we believe this cost is conservative, it still amounts to a huge saving of
taxpayer dollars.
For comparison purposes and to highlight the enormous costs that ensue due to a failure
to have a coordinated response and treatment plan for this population, we obtained
information from other jurisdictions that had done similar studies. During the year 2000,
taxpayers in King County (Seattle) Washington spent over $1.1 million on drug and alcohol
acute services and criminal justice resources for just 20 individuals. Similarly, In Summit County
(Akron) Ohio, during the year 2001, the cost to taxpayers for a group of 20 individuals was
$1.3 million.
In 2004, the Florida legislature took steps to reform our Baker Act statute and the way
courts have dealt with the mentally ill. A Baker Act reform bill was passed that now
allows court-ordered outpatient treatment for persons with severe mental illness. The
law became effective January 1, 2005 and is intended to enhance mental health
intervention and treatment services. It has worked in other states.
For instance, New York has had a similar law for a few years. Review of statistics from the
first three years reveals that of the persons placed in court-ordered outpatient
treatment, 63% fewer were hospitalized, 55% fewer experienced homelessness, 75% fewer
were arrested and 69% fewer were incarcerated. The statistics are very encouraging and
would bode well for our state. However, the Florida legislature did not fund any money
for this new law. The monitoring of this population will result in more hearings, more
court time, more work for prosecutors and defense attorneys and more treatment
facilities. The results from New York’s Kendra Law Program will not be replicated here
with Florida’s unfunded mandate.
More Good News
In the November 2004 election, voters in Miami-Dade County overwhelmingly approved the
2004 General Obligation Bond Program for Building Better Communities. Included in the
list of projects is the creation of a Mental Health Facility that is specifically designed
"to free up jail space and provide an effective and cost-efficient alternative facility to
house the mentally ill as they await a trial date." Twenty-two million dollars will be
used to upgrade the existing facility (the South Florida Evaluation and Treatment
Center) to create a short-term residential and receiving facility. The plan is to have
courtrooms and provide social services in the same building. The completion of the project
is several years away, however, it is most definitely a step in the right direction.
We do not believe that persons who are sick have to go to jail before they can receive
treatment for their illness. We also do not believe that officials should continue to spend
tax dollars on persons being recycled through our criminal justice system while at the
same time not adequately funding programs and services to help keep these persons from
returning to our jails. It is definitely cheaper (and more humane) to treat these

file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (11 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

individuals outside of a jail setting.
1. We recommend that state and local governmental officials, in conjunction with the
persons, agencies and entities involved in mental health issues, work
collaboratively and expeditiously to construct a facility that can be used to house,
treat and provide social services in one location to mentally ill inmates who are in
custody awaiting trial.
2. Until construction of the facility referred to in Recommendation 3 above, we
recommend that more doctors and more social workers be assigned to work in all
local pre-trial detention facilities.
3. Having a new law that allows the court to order outpatient treatment for the
mentally ill is useless if there are no programs or services available to which to
refer them. Accordingly, we recommend that our state legislature provide funding
for the Baker Act reform bill in hopes that Florida will reap the same benefits as
New York from passage of its statewide Kendra’s Law.
4. In connection with the Baker Act reform bill, we recommend that our State
legislature provide funding to increase the number of community based mental
health facilities and thereby increase the number and level of services available to
the mentally ill in our state.
5. The state is spending large sums of money for crisis care and stabilization of the
mentally ill after they decompensate. We strongly recommend that the state
legislature provide adequate funding for long term care, which will result in the
creation of case management works who can assist the mentally ill in maintaining a
stable lifestyle.
6. We recommend that our state and local government officials provide funding and/or
matching dollars to assist in the expansion of the Eleventh Judicial Circuit of
Florida Criminal Mental Health Project and its Jail Diversion Program.
II. POLICE INTERACTION WITH MENTALLY ILL SUBJECTS
One of the obvious results of recycling the mentally ill through our criminal justice system is increased
contact between law enforcement and this population. The interactions are fraught with danger for both
the police and the subjects. Very often, police officers responding to calls involving subjects with mental
illness are not sure what they are dealing with and resort to the techniques they were taught in training.
The officers are trained to take control of the scene and the situation and their primary goal is to get the
subject to obey and/or respond to the officer’s commands. This is usually accomplished (or sought to be
accomplished) through loud voice commands to the subject, calling for back-up and exhibiting a "show
of force." Any level of resistance is met with a higher degree of force.
In many instances, the subjects are persons who are experiencing psychiatric episodes because they
failed to take their medications. As a result, they are paranoid and feel that folks are out to get them.
Although they may be relatively harmless when properly medicated, they may very well pose a danger to
themselves, caring family members, strangers and police when they fail or refuse to take their
medications. While in this mental state, a loud, authoritative voice from a police officer only exacerbates
the situation. Presenting a show of force and closing in on the subject confirm his paranoia and increase
the likelihood that the confrontation will end in violence. There is a significant, tri-fold price tag

file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (12 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

associated with these police/citizen encounters.
First, police officers are injured and must seek medical care. Moreover, serious injuries to the officers
may also lead to time lost from work and the filing of worker’s compensation claims. Similarly, the
mentally ill subjects also receive serious (sometimes fatal) injuries as a result of these encounters. Their
medical care for the physical injuries suffered during these encounters, more often than not, is provided
by the public hospital, Jackson Memorial Hospital. All of these costs are paid with taxpayer dollars.
Finally, many of the injured subjects (or their surviving family members) file lawsuits against the
individual police officers, the police department and sometimes, even the county government or
municipality employing the police officer alleging that officers were not trained properly, should not
have been hired and/or acted inappropriately or with excessive force in the encounter. As for this final
category, millions of dollars have been paid out through settlements or as a result of damage awards by
trial juries.
At this point, it is necessary to discuss the law in the State of Florida that governs officers in these
sometimes-deadly encounters between police and civilians.
Deadly Force
Florida, like all states in this country, recognizes the inherent danger faced by police
officers in their daily occupation. Their job requires that they come into contact with
mean, vicious, sometimes sociopathic criminals on a regular basis. The acts of violence
committed by these criminals include murder, armed robbery, sexual battery (rape), child
abuse and home invasions. We, as law abiding citizens, do not want to deal with these
persons and so, when we have problems, we call "911" to summon the police. We expect them
to respond to the scene immediately and take care of whomever and whatever is causing
the problem. These encounters are often deadly for the criminals and the police. In light
of the dangerous nature of the job, the Florida legislature has granted broad powers to
police officers who are engaged in the lawful performance of their duties. One of the
powers given to police is the right to use "deadly force."
Deadly force, as defined by Florida Statute 776.06 (1), means force that is likely to cause
death or great bodily harm. This includes a law enforcement officer firing a firearm in the
direction of a person to be arrested. The term deadly force does not include the discharge by a
law enforcement officer of a firearm which is loaded with a less than-lethal munition. The statute defines
"less than-lethal munition" as a projectile that is designed to stun, temporarily incapacitate, or cause
temporary discomfort to a person without penetrating a person’s body.
In addition to the Deadly Force Statute, Florida also has a specific law governing the amount of force an
officer can use in making an arrest. Under Florida Statute 776.05, (1), a law enforcement officer in
Florida who encounters a person who is resisting or threatening resistance to being arrested is not
required to retreat or desist from efforts to make a lawful arrest. In fact, the officer is justified in the use
of any force (including deadly force), which he reasonably believes to be necessary to defend himself or
another from bodily harm while making an arrest. This provision has proven fatal for many mentally ill
subjects who were engaged in bizarre and dangerous behavior with the police.
For Failures in Providing Appropriate Treatment for the Mentally Ill, What Is the Cost In Lives?

file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (13 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

Based on Florida Statute 776.05 (1) most of the shootings committed by police officers in
this county are found to be "legally justified". In those situations, law enforcement
officers have encountered persons armed with knives, machetes, pistols, rifles, shotguns,
sword-length shards of glass, and other items that could be used to cause death or great
bodily harm to the officer or to others. In some cases, the persons are not armed with
weapons; however, they have things in their hands that cause officers to reasonably
believe that they are in possession of a firearm or other weapon. Finally, there are
instances where the subjects, in addition to not following the officer’s instructions, reach
in the area of their waistband (as if to pull a gun), reach under the seat of a car, reach for
a glove compartment or drive a vehicle in the direction of an officer who is trying to make
an arrest. Under Florida law, the use of deadly force by the officers in these situations
has been determined to be "legally justified." Many subjects shot by police were suffering
from mental illness and officers may have had little time to react to the violent situation
confronting them. In other words, there were no alternatives. However, a great number
of confrontations take place where, with more options and better training, lives could be
saved.
For instance, some of the subjects shot by police officers are not armed, do not appear to be
armed, but become involved in violent physical struggles with officers. Often, the police
use other tools before resorting to deadly force (batons, pepper spray, etc.) In many of
these instances, deadly force is used as a "last resort." These scenarios usually play out
over a period of time after the initial encounter, and most likely involve an escalation of
emotions and actions for both the officers and the subjects. A great number of the subjects
involved in these struggles are also persons suffering from mental illness. Again, as
reported to us, the overwhelming contributing factor to their behavior is that they failed
to take their medications. They have no desire to commit a crime and may end up doing so
only through failure to follow the officer’s commands.
The sometimes-tragic consequences from these encounters were significantly underscored
with an incident that occurred near the end of our term. According to eyewitness
accounts, the incident involved a Miami-Dade Police Officer and a resident who had a
history of mental illness, the onset of which began after the resident had served a stint in
the armed forces. After an initial verbal exchange between the officer and the subject,
there was an escalation of the encounter. Additional units were called to the scene and
after their arrival, a physical struggle occurred between a number of officers and the
subject. During the violent encounter, officers struck the subject with their A.S.P. batons.
The subject punched one of the female officers and at some point during the confrontation
he was able to obtain possession of one of the A.S.P. batons. A family member also became
involved in trying to restrain the subject and he was also struck by one of the batons
during the struggle. As the subject was preparing to strike one of the officers with the
baton, he was shot several times by an officer and died as a result of those wounds.
Some of the more troubling aspects of this incident from our perspective relate to the fact
that the subject was known in the neighborhood and was known to be suffering from some
form of mental illness. If his condition was so well known, the officers patrolling in the
area should also have known and the approach used with the subject should have been
more appropriate.
file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (14 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

We make note of this incident to highlight two (2) major trends that have been taking
place in the law enforcement community for the past few years. We think each of them has
reduced and will continue to reduce the number of deadly and violent encounters
between police and persons suffering from mental illness.
Crisis Intervention Team Training and Less Than Lethal Weapons
One of the most significant changes that has taken place over the past several years has been the
introduction of Crisis Intervention Team Training at many of the city and municipal police departments
in Miami-Dade County. Coupled with the implementation of effective "less than lethal" weapons, there
has been a sharp decrease in the number of deaths that result from police encounters with mentally ill
subjects. To fully appreciate the impact of both of these developments, we must take another historical
journey.
A. CRISIS INTERVENTION TEAM TRAINING
The Crisis Intervention Team ("CIT") model used by police departments in Miami-Dade
County originated in 1987 in Memphis, Tennessee following a police shooting of a young
black male. The CIT Training program is a 40-hour course that educates police officers
about mental illness and trains them on the different tools they can use when they come
into contact with persons suffering from schizophrenia, bipolar disorder or other severe
mental illness. More often than not, the CIT training is much different than that which
was presented in the past to rookie officers in the police academy.
For instance, the police academy trains police officers that they are to take command upon
their arrival at any given scene. Taking command is accomplished by a number of means:
verbal command; a show of force demonstrated by calling for additional police units;
yelling; physical force; surrounding and/or closing in on the subject; display of a weapon
(A.S.P. expandable baton, firearm, etc.); and ultimately, use of a weapon. Employing any of
these methods in an encounter with a mentally ill person will usually guarantee that
there is going to be a violent encounter between the police and the subject. Each of the
training tools taught in the academy is designed to work when dealing with sane, rational
individuals. However, yelling, threatening, closing in upon, displaying weapons and using
physical force exacerbate the paranoia of the schizophrenic. It creates fear in the mind of
the paranoid subject (who may be experiencing such an episode solely because he failed to
take his medications) and only serves to confirm what he believes in his mind, namely that
people are "out to get him."
Officers who undergo Crisis Intervention Team Training are taught how to identify person
with mental illness. They are educated about different tools to use when they encounter
the mentally ill. They speak to them in calmer tones. They allow a safe distance between
the subject and the officer as a means of reducing the paranoia. The use of these (and
other) tools very often allows the police to "control" these subjects without the use of
physical force. The benefits are fewer injuries to the officers and the subjects, reduced
worker’s compensation claims filed by officers injured on duty and fewer lawsuits filed
against the law enforcement agencies. The results have been nothing short of astounding
for the departments that have adopted the CIT Training program. The following police
departments have participated in the program: Miami Police, Miami Beach Police, Key
file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (15 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

Biscayne Police, Pinecrest Police, Dade County School Police, Hialeah Police and North
Miami Beach Police. Additionally, the following have expressed an interest in receiving
CIT Training: Opa Locka Police Department, Sunny Isles Police Department, Florida
International University Police Department and Miami Shores Police Department. We will
review information regarding several departments that have seen benefits from Crisis
Intervention Team Training.
City of Miami Police Department
The City of Miami Police Department (MPD) started its Crisis Intervention Team in late 2003. A group
of trained professionals at Jackson Memorial Hospital’s Crisis Intervention Center developed the 40-hour
course and taught the first group of thirty-nine officers for free. Since the graduation of that first group of
officers, the MPD now has a team of eighty-three officers who have volunteered for and completed the
training. In fact, all of the MPD’s Field Training Officers (FTOs) are members of the Crisis Intervention
Team. An additional wave of MPD officers are being trained to serve as backup CIT members. Rookie
officers are required to ride along with FTO’s during their first three months as officers.
With eighty-three officers now certified in CIT Training, the City of Miami has CIT coverage
geographically as well as across all three work shifts. This broad coverage increases the likelihood that
whenever and wherever there is an incident involving a mentally ill offender, a CIT member will be
available to respond to the call.
Pursuant to the MPD’s protocol for handling calls with mentally ill subjects, regardless of the ranks of all
officers at a scene, the Crisis Intervention Team member (regardless of his rank) takes charge of the
scene upon his arrival. The CIT member becomes the exclusive person communicating with the subject.
Rookie police officers who are present for these encounters will have the opportunity to watch their FTO
identify, de-escalate and successfully handle a mental health crisis without violence or the use of deadly
force. Through observation and interaction with the FTOs, the rookie officers gain additional tools to use
in their encounters with mentally ill subjects. MPD’s training regimen, in this regard, allows the FTOs to
pass on the knowledge they have gained to the newest crop of officers who most definitely will have
their share of mental health related calls.
Responding to calls involving mentally ill subjects is inevitable for all City of Miami Police Officers.
Within their jurisdiction lies Jackson Memorial Hospital’s Crisis Center, the Dade County Jail and a
number of homeless shelters and treatment facilities. As many of those with mental illnesses are
homeless, when they are released from the various facilities, they very often return to the same streets
upon which they were last arrested. After Crisis Intervention Teams were established, the number of
police shootings was drastically reduced. For instance, in 2003 alone the MPD’s CIT handled 3,597 calls
for service. Not one shot was fired by a MPD officer during that time period. In fact, the department went
for more than 18 months without an injury to an officer or a shooting by an officer.
Miami Beach
The Miami Beach Police Department has also had its officers trained for CIT. The
department has also tried to get the community involved by sending out notices and
information to residents with their utility bills. In the event residents are required to
call the police for situations involving persons in crisis, residents are instructed to notify
the 911 operator so that the information can be included in the dispatch to the police. The

file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (16 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

goal is to have the officers on notice before they arrive on the scene and increase the
likelihood that a CIT member will respond to the call initially.
MDPD and CIT Training?
The Miami-Dade Police Department is the largest police force in Miami-Dade County. As expected, it
has more arrests than any other department, and consequently, more police/citizen encounters. Over the
past several years, there has been a rallying cry from elected officials and others to have MDPD adopt
the CIT Program. These cries normally come on the heels of a police shooting of another mentally ill
subject. To date, MDPD has not adopted the program. During the course of our term, the MDPD got a
new Director for its Department and we met with him.
In 2001, the MDPD conducted an evaluation of the CIT Model. Recognizing that they were operating in
a community with a significant mentally ill population and would have to train a large number of
officers, MDPD determined that the Memphis Model was not workable for a department of its size in a
jurisdiction that covers more than 2,000 square miles. Instead, what MDPD has done is to embark upon a
multi-tiered approach to improve the manner in which the department’s officers respond to and handle
calls involving mentally ill persons.
The department’s efforts to better equip its officers to deal with mentally ill subjects actually begin
before they become sworn law enforcement officers. All persons desiring to become officers with the
MDPD must successfully complete and graduate from the Department of Justice’s Regional Community
Police Institute, commonly referred to as the Police Academy. The training at the academy includes
educating cadets on the Use of Force Matrix (which has now been modified with the advent of the
deployment of Tasers) and teaches them a tool called "verbal judo." Verbal judo is designed to train the
officers how they can diffuse a situation by engaging a suspect verbally instead of by the use of physical
force. This skill becomes invaluable when dealing with a paranoid schizophrenic subject who does not
want to be touched or surrounded by a team of police officers. More importantly, beginning in July 2003,
the academy also provides a two-day, 16-hour course on Managing Encounters With the Mentally Ill.
This portion of the training is specifically designed to educate the cadets about mental illness and give
them tools they can use when they interact with mentally ill subjects and suspects. All new recruits must
pass this course before they can be sworn in as law enforcement officers with the MDPD. With 4 to 5
graduating classes per year, with approximately 35 students each, the department has a number of rookie
officers who have been joining the ranks with some general knowledge and specific tools to use when
responding to Baker Act calls or other interactions with the mentally ill.
The first tier of the Director’s three-tiered approach was to get training for the uniformed officers who
are usually the first responders to the dispatch calls. The department provided in-service trainings for
1,854 uniform patrol officers. The two-day, 16 hour training program is the same Managing Encounters
with the Mentally Ill course that is presently being taught in the academy. To date, all uniformed officers
with the MDPD have successfully completed this training program.
As part of the first tier, the Department will also provide the same training to specialized unit officers
such as Detectives in the Robbery, Domestic Violence and Sexual Battery Units. Second only to the
uniformed patrol officers, these detectives are likely to come into contact with suspects and subjects
suffering from mental illness. Next on the list to be trained are the 415 support personnel. The
department’s Training Bureau is coordinating the two-day training for all of these individuals and
departments.
file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (17 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

The second tier will begin in January 2005 and encompasses a 40-hour training for all of the
approximately 550 Field Training Officers ("FTOs"). The 40-hour Crisis Intervention Model type
training for the MDPD FTOs and the Field Training Squad is similar to the Memphis model. It is
conducted at JMH and the presenters are licensed mental health practitioners. The Director’s plan is to
have all FTOs trained by July 2005. Similar to the procedures in the other departments that adopted the
Memphis Model CIT program, rookie officers are paired with FTOs. As FTOs are spread out over all of
the department’s districts and work on all three shifts, when a call comes in and the dispatcher knows
there may be a mentally ill person involved, an FTO will be dispatched to the scene. Pairing the rookie
officers with the FTOs allows the rookies to benefit from the FTOs 40-hour CIT training when
responding to these calls.
In addition to the various training provided to the recruits, uniformed officers, specialized unit officers
and FTOs, the department also has approximately thirty (30) Special Response Team Members. The
Special Response Team Members, also referred to as Negotiators, have all successfully completed the
40-hour basic CIT course as well as an 80-hour advanced course that includes training on how to deal
with mentally ill persons. The negotiators also receive monthly refresher training that may include
mental health encounters. They comprise the third tier of the MDPD’s department-wide training of its
officers to handle mental health calls.
Through the training conducted for the MDPD officers at all levels in the department, Director Robert
Parker is trying to change the way his officers handle calls involving the mentally ill. Although our
preference would have been for the largest department in the county to adopt and buy into this very
successful program, we recognize that we are not law enforcement officers and are not in a position to
second-guess the department’s decision that the Memphis model CIT Training Program is not workable
for the department. We applaud the Director and his department’s effort and encourage its brass to
continue its efforts in developing and extending its progress on Crisis Intervention Teams.
1. We strongly recommend that every police department is Miami-Dade County create Crisis
Intervention Teams with its uniformed officers.
2. We recognize that tragedies can be averted by swift reaction and response to crime scenes
by CIT members. In that regard, we strongly recommend that area residents who call 911
when they observe a family member, friend, loved one or stranger in crisis, do the
following:
a. Inform the dispatcher that the nature of the call relates to someone who is suffering from
mental illness;
b. Inform the dispatcher of any relevant medical history of the subject, and
c. Request that a Crisis Intervention Team member respond to the scene.
A. TASERS
One of the other major developments that has been occurring in our communities (and
nationwide) is the use of an innovative "less than lethal" weapon – the Taser. Tasers,
maybe more appropriately called "stun guns", are used by officers to temporarily
immobilize and incapacitate subjects so that officers are able to dissipate threats or
effectively apprehend otherwise unruly subjects. The popular models used by local
departments fire two probes that are attached to wires. The probes can be fired from a
distance of up to 21 feet. In close physical struggles, the Taser will also deliver its
file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (18 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

"stunning" effect by direct placement of the Taser against the subject. Upon contact with
the probes or direct contact with the Taser, the individual receives 50,000 volts at very
low amperage that neurologically causes the individual to lose control of his motor
functions. The "stunning" effect usually lasts only about five seconds and after that 5
second time period, the individual has total and complete control of his body and can
continue whatever activity he was engaged in before he was tased.
We must first note that there have been several recent incidents involving Tasers used on
children here in Miami-Dade County. As reported by the media, the children’s ages were 6,
12 and 16 years. Although several of the incidents gained nationwide attention, the use of
Tasers on children is not a focus of this report.
In that regard, however, many, if not all, of the police departments have specifications for
classifications of persons who should not be Tasered. For instance, the policy for the
Aventura Police Department provides that the Taser "should not be used on any juvenile
under the age of 12 and/or a juvenile who appears to be physically under the age of 11.
Similarly, it recommends that the Taser "shall not be used on females who are known to be
pregnant or who appear to be pregnant." Although we offer no opinion on these guidelines
and prohibitions, we do recognize that they indicate efforts by the departments to protect
those who may be vulnerable to the stunning and immobilizing effect of the Taser.
Further, even though the general use of Tasers as a tool in apprehending criminals and
protecting officers and civilians is mentioned in this Grand Jury Report, it too is not the
issue we want readers to focus upon. This section of the report is specifically written to
address the issue of persons who suffer from mental illness who become involved in
encounters with the police in Miami-Dade County. In light of the tremendous benefits
that have been received from the use of this "less than lethal weapon", we strongly
recommend that police departments in our community continue to train and equip its
officers with Tasers. This Grand Jury strongly recommends the use of Tasers by police as a
"less than lethal" weapon in their confrontations and dangerous encounters with
mentally ill subjects. It saves lives!! Our justifications for these recommendations are set
forth below.
We Believe Tasers Save Lives
Many community residents may take issue with this recommendation, as they believe it constitutes
mistreatment of a segment of our population that is routinely misused and abused. However, the
members of this Grand Jury have come to realize that in many cases, if police do not have ready use of a
"less than lethal" weapon, the likely end of the conflict will be the death of the mentally ill subject. Thus,
when the choice is between five seconds of neurological incapacitation or death, we choose the former.
As indicated earlier in this report, Florida law empowers officers to use deadly force in these situations.
We recognize that there is a possibility of abuse and that Tasers, as well as pepper spray, batons and
firearms can be used inappropriately by some police officers. We do not see that as a justification to take
these tools away from the officers. Instead, we think all of the police departments should adopt and/or
refine their guidelines for use of these weapons. Further, we believe they should be consistent in
imposing discipline against all officers that violate the guidelines.
Individuals in our community who are not knowledgeable about the information we received during our
file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (19 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

term may dispute our statement that the use of Tasers by police officers in our community has saved, and
will save, lives of adults in our community, particularly those with mental health issues. To drive this
point home, we decided to include some specific case scenarios we reviewed that ended in death or
serious bodily injury, but which may have been avoided if the officers had Tasers available during the
encounters.
State Attorney’s Office Shooting Review Team
We must first point out that the State Attorneys Office has a Police Shooting Review
Team that ultimately reviews every police shooting in Miami-Dade County that results in
death or injury to a subject or other officer. It is a process that has been completely
re-shaped by State Attorney Katherine Fernandez Rundle and we commend its design. The
SAO’s review chronologically begins when the Assistant State Attorney on call responds
to the scene of the shooting. The SAO’s review is specifically designed to determine
whether the shooting was legally justified under Florida law. Each review is concluded
with a close-out memo that is sent to the police department whose officer was involved in
the shooting. Based on Florida law, most of the shootings are ruled "legally justified"
even when they were also preventable. This was the conclusion in a number of the Police
Shooting Review Team close-out memos.
In the Appendix we have provided descriptions of six of those encounters that actually
occurred in recent years between officers and civilians in Miami-Dade County. The
incidents involved persons who were in crisis as a result of mental illness or had a prior
history of mental illness. One of the reasons for including so many incidents is to make the
point that lives can be saved with the use of Tasers. One of the other reasons is to make
our legislators and other elected officials intimately aware of the danger they are
placing our officers in as a result of their failure to fund the necessary programs and
services to treat the mentally ill population. We strongly encourage every reader to not
put this report down until he has read all six incidents.
The law authorized the use of deadly force in each of these situations. Absent any viable
alternative, officers are forced to use deadly force to protect themselves or to secure an
arrest. Training and use of the Taser gives an alternative for the officer that does not
have a deadly consequence. Based on the information we received during our
investigation, no deaths have been caused solely by the use of Tasers. Tasers are not
designed to kill nor are they used for that purpose. On the other hand, when an officer
uses his gun, it is accurately described as "deadly" because that is exactly what it is
intended to do – kill. Contrary to television entertainment programs and westerns, police
officers are not trained to shoot weapons out of the hands of armed suspects nor are they
trained to "wound" persons who are posing threats. They are trained to use "deadly force"
to dissipate a threat. Again, "deadly force" is force that is likely to cause death or great
bodily harm. We applaud all of the police departments in Miami-Dade County that have
adopted use of the Tasers and we recognize that lives have been saved as a result.
Officers Believe Tasers Save Lives Too
In addition to our belief that the continued use of Tasers will save lives, we received testimony from law
enforcement officers who agreed with us. A Major with the Miami-Dade Police Department described
file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (20 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

two specific recent incidents that occurred in the same week involving officers in his district. One
involved a 6’9" tall male with a history of mental problems who was refusing to be Baker Acted. He was
immobilized with the Taser, cuffed and taken away without injury to the officers or himself. The other
incident involved a young female who also had a history of mental problems. She was wielding two
butcher knives and slashing at officers and civilians. By placing chairs between the knife-wielding
subject and themselves, the officers who initially responded to the scene were able to keep her at bay
until an officer with a stun gun arrived. She was stunned, dropped the knives, was handcuffed and taken
away. Absent the arrival of the Taser, officers may have had to use deadly force to dissipate the threat
and/or prevent her from causing death or serious bodily injury to the officer or others.
Coupled with the three-tiered approach to educating its officers in handling calls involving the mentally
ill, the department also initiated the use of Tasers in June 2003. Initially, 72 Tasers were issued only to
sergeants. Four months later, after determining that Tasers were a viable option for its officers, a decision
was made to begin issuing Tasers to the uniformed officers. As of November 2004, the MDPD had
issued 422 Tasers. They are presently evenly distributed throughout the Department’s 9 districts. Prior to
receiving a Taser, each officer is required to complete an eight-hour training course on use of the Taser.
Under the present policy, each officer is also stunned with the Taser as part of the training.
According to the Aventura Police Department, it is another police agency that has seen positive results
with the use of Tasers. Aventura was the first department in Miami-Dade County to issue Tasers to all of
its officers. All officers were trained prior to receiving a Taser and they receive refresher training
annually.
Use of Tasers by law enforcement also brings another benefit: it protects the health of the arresting
officer. Many of our witnesses described incidents where they or their colleagues were bitten, scratched
or spat upon by persons that they later discovered were HIV positive, had AIDS or hepatitis. One witness
described how a Baker Act subject bit a plug out of his forearm. The same witness described how
another veteran officer retired due to complications with liver disease. These complications were a direct
result of the officer contracting hepatitis C. Most of us do not leave home wondering whether we will
contract a life-threatening disease while at work. It is a daily occupational hazard for law enforcement
officers, a risk that is sometimes diminished through use of the Taser.
The Aventura Police Department, though small in size, has a high arrest rate, primarily due to the
presence of the Aventura Mall in its jurisdiction. The Aventura Hospital is also under its jurisdiction and
as a result, officers regularly encounter persons with mental illnesses who decide to leave the hospital.
Often times, the persons are acting out by the time police arrive at the scene. Taking these individuals
into custody, either for return to the hospital or to jail, sometimes requires physical altercations. As
previously stated, two of the direct consequences of these struggles are injuries to officers and subjects.
Aventura’s police department has seen a reduction in injuries to both groups with the deployment of the
Tasers. The Chief of the Department provided us with some statistics to make his point.
From April 1, 1997 to September 15, 2004, the department had 131 use of force incidents. Fifty-five (55)
of the use of force incidents did not involve the use of Tasers; seventy-six (76) of them did. The
comparisons of injuries to officers and offenders in both categories is very telling. Of the 55 non-Taser
incidents, 17 officers (30%) and 25 offenders (45%) were injured. Conversely, of the 76 incidents where
Tasers were used, there was a 41% decrease in injuries to officers and a 60% decrease in injuries to
offenders. See Appendix C.

file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (21 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

Policies on Use of Tasers by Officers
As with most of the police departments using Tasers, Aventura has specified policies
dictating when the Taser can be used and requires that a report be written every time the
Taser is discharged. This is designed to prevent (or discourage) any abuse or unauthorized
use of the weapon. Each of the Tasers has a records storage function, which stores the
time, date and type of discharge (prongs or direct contact). Additionally, when fired, the
weapons release numerous small chads (confetti sized bits of paper), which contain the
serial numbers for the Taser being fired. The chads provide physical evidence at the scene
that Taser probes were fired from the cartridge. The information on the chads makes it
easy to identify the officer(s) who fired a Taser cartridge during an encounter. The
Aventura Police Department also conducts random checks of the Tasers. The policy
requirement of random checks of Tasers is another deterrent to abusive use of the Tasers.
1. We recommend that police departments continue with the deployment of Tasers to its
officers and that the officers receive adequate training on proper use of Tasers.
2. To the extent they do not have them, we recommend that all police departments in
Miami-Dade County that issue Tasers to its officers adopt policies and procedures
that require, at a minimum:
a. Documentation and/or reports of every discharge of a Taser;
b. Random testing to ensure that officers are documenting all discharges of their
Tasers;
c. Severe discipline for any officer who inappropriately uses his Taser or engages
in abusive behavior with the Taser;
d. Specified guidelines on target populations for whom Tasers should not be used;
Each of these incidents corroborates our belief that the continued (and even expanded)
use of Tasers by law enforcement officers in our community will save lives and prevent
injuries to officers and offenders alike.
CONCLUSION
During our term, this Grand Jury was made aware of a serious problem affecting our community and our
state – the failure to provide effective, long-term treatment and care of the mentally ill who live among
us. We are spending significant amounts of taxpayer dollars on stabilization and crisis care when we
could more effectively spend less money for long-term care and obviate the crisis. We trust that our
elected officials reading this report will take heed to the recommendations contained herein. Their failure
to do so will only result in more persons being recycled through our jails and prisons and, very probably,
more deaths.
In that regard, this Grand Jury has also come to an understanding of the ever-present dangers and stresses
faced by law enforcement officers as they engage in their daily occupations. We now recognize that
uniformed officers with these departments will more than likely be the ones to respond to calls for
assistance when the mentally ill are in crisis in our homes and communities. We hope the police
departments will also take heed to the recommendations set forth herein. We believe adhering to these
recommendations will result in better understanding of mental illness by the police, and less loss of life
for those who are sick and in crisis.
file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (22 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

RECOMMENDATIONS
With regard to Section I of the Report, we make the following Recommendations:
1. In light of the close continuous contact between correctional officers and the mentally inmates
they guard we recommend CIT Training for all correctional officers who work on those floors.

1.

2.
3.

4.

5.

6.

2. As there are with some of the police departments that have Crisis Intervention Teams, we
recommend that the Department seek and award pay incentives to those correctional officers who
elect to serve their shifts working on the floors where the mentally ill inmates are housed.
We recommend that state and local governmental officials, in conjunction with the persons,
agencies and entities involved in mental health issues, work collaboratively and expeditiously to
construct a facility that can be used to house, treat and provide social services in one location to
mentally ill inmates who are in custody awaiting trial.
Until construction of the facility referred to in Recommendation 3 above, we recommend that
more doctors and more social workers be assigned to work in all local pre-trial detention facilities.
Having a new law that allows the court to order outpatient treatment for the mentally ill is useless
if there are no programs or services available to which to refer them. Accordingly, we recommend
that our state legislature provide funding for the Baker Act reform bill in hopes that Florida will
reap the same benefits as New York from passage of its statewide Kendra’s Law.
In connection with the Baker Act reform bill, we recommend that our State legislature provide
funding to increase the number of community based mental health facilities and thereby increase
the number and level of services available to the mentally ill in our state.
The state is spending large sums of money for crisis care and stabilization of the mentally ill after
they decompensate. We strongly recommend that the state legislature provide adequate funding for
long term care, which will result in the creation of case management works who can assist the
mentally ill in maintaining a stable lifestyle.
We recommend that our state and local government officials provide funding and/or matching
dollars to assist in the expansion of the Eleventh Judicial Circuit of Florida Criminal Mental
Health Project and its Jail Diversion Program.

With regard to Section I of the Report, we make the following Recommendations:
7. We strongly recommend that every police department is Miami-Dade County create
Crisis Intervention Teams with its uniformed officers.
8. We recommend that police departments continue with the deployment of Tasers to its
officers and that the officers receive adequate training on proper use of Tasers.
9. To the extent they do not have them, we recommend that all police departments in
Miami-Dade County that issue Tasers to its officers adopt policies and procedures
that require, at a minimum:
a. Documentation and/or reports of every discharge of a Taser;
b. Random testing to ensure that officers are documenting all discharges of their
Tasers;
c. Severe discipline for any officer who inappropriately uses his Taser or engages
in abusive behavior with the Taser;
file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (23 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

d. Specified guidelines on target populations for whom Tasers should not be used;
12. We recognize that tragedies can be averted by swift reaction and response to
crime scenes by CIT members. In that regard, we strongly recommend that area
residents who call 911 when they observe a family member, friend, loved one or
stranger in crisis, do the following:
a. Inform the dispatcher that the nature of the call relates to someone who is
suffering from mental illness;
b. Inform the dispatcher of any relevant medical history of the subject, and
c. Request that a Crisis Intervention Team member respond to the scene.
Appendix A: Demographic Information on Mentally Ill Subjects Arrested And Booked
into the Dade County jails in 2002
Demographic Information for 3,070 individuals who were 1) arrested and jailed at the
Pre-trial Detention Center or Women’s Annex in 2002; and 2) suspected of having severe
and persistent mental illness.
Descriptive statistics for the 3,070 are:
● Gender
❍ Male 78.4% (2,407)
❍ Female 21.6% ( 663)
● Age
❍ Under 21 4.6% (134)
❍ 21-29 23.4% (719)
❍ 30-39 26.2 % (803)
❍ 40-49 35.7% (789)
❍ 50-59 14.0% (430)
❍ 50 and older 6.4% (195)
● Race
❍ Black 51.9% (1,593)
❍ White 48.1% (1,476)
❍ Unknown < 1% ( 1)

Appendix B: Actual Police Encounters With Violent Subjects
Actual Police Encounters With Violent Subjects
file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (24 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

Incident #1
On Saturday, February 8, 2003, around midnight, two officers with the Miami-Dade Police Department
responded to a call regarding a disturbance at a residence in North Dade. One officer had been with the
department 10 months. The other, a trainee, had been in training for 6-7 months. Upon arrival, the
officers observed a male subject with shirt, pants and no shoes holding what appeared to be a 10-inch
knife in his hand. The officers made repeated requests to the subject to drop the "knife." Instead of
dropping it, the subject advanced towards the officers with the "knife." To defend themselves, the
officers would have been authorized at that point to use deadly force. Instead, they jumped into the police
car and retreated from the subject. The subject continued to advance upon the officers in the police car as
the officers continued their demand that he drop the weapon. In an effort to avoid a confrontation, the
officers actually backed up approximately 2-3 houses away from the scene of the original call. At some
point, the subject turned away from the police and headed back to the residence where the incident
began.
The officers followed the subject back to the house because of concerns for the persons who were inside.
The subject had broken the front living room window of the residence before the police arrived. Officers
exited their police car again and the subject began the same behavior. He was now yelling for the officers
to shoot him. The officers retreated to the safety of their police car and started backing up again. The
officers were still yelling over the public address system in the police car for the subject to drop the
weapon and get down on the ground. He continued his advancements on the police car.
Additional back-up officers arrived on the scene after these events had transpired. The two back-up
officers got out of their cars and also ordered the subject to drop his weapon and get on the ground. The
subject began charging the back-up officers in a threatening manner while displaying the weapon. When
he got within approximately 10 feet of the officers, they opened fire with their guns. They each fired
several times, striking the subject about the body until he fell to the ground. He expired on the scene.
Follow-up investigation revealed that the weapon in the subject’s hand was not a knife, but instead, was a
huge piece of glass from the broken living room window. Friends and relatives of the subject confirmed
that he had health problems for which he took medications. A friend of the subject indicated that he had
stopped taking his medication and was not acting normally on the day in question. The subject had had a
conversation with his girlfriend during the early morning hours of February 8th wherein he told her that
he was an angel of God named Michael and that on March 24th something very bad was going to happen
in the world and he was going to be there to help. He had also told his girlfriend that he was going to die.
The medical examiner’s office discovered during their investigation that the subject suffered from
bipolar disorder and had been treated for that mental condition. Officers may have been able to use
Tasers in this instance to disable and disarm the subject. It would have avoided the use of deadly force,
protected the officers and civilians and saved the life of the subject.
Incident #2
On May 31, 2002, a detective with the City of Miami Springs Police Department stopped by a
convenience store to get a cup of coffee. As he was leaving the store, he saw a
disheveled-looking man in a hospital gown who appeared to be talking to himself. The man
was also carrying a metal pipe in his hand. The pipe measured twenty-two and one half
inches (22 ½) in length and one and one eighth inch (1-1/8) in diameter. The detective

file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (25 of 30) [1/11/2005 10:38:15 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

decided to investigate. He drove across the street, exited his car and called out to the man
with the pipe. The subject turned and started walking toward the detective. As he got
closer, the subject charged at the detective. The detective started back pedaling while
trying to unholster his weapon and ordering the subject to stay back. The subject kept
charging and began beating the detective with the pipe. The beating caused the detective
to drop his gun. He bent down to retrieve his weapon while the subject continued to beat
him. The detective raised his arm to ward off the blows. After gaining control of the
weapon, the detective fired twice. The subject was struck in the left groin area and in the
lower left buttocks. Notwithstanding being shot twice, the subject grabbed the
detective’s weapon and they became engaged in a life-and-death struggle over control of
the gun.
One of the convenience store employees who knew the detective saw most of the
confrontation and began running toward the fracas when he heard the gunshots. The
detective was screaming for help at that point. The store clerk grabbed the subject in a
chokehold, kneed him in the ribs and tried to pull the subject away from the detective.
The subject steadfastly maintained his grip on the gun.
The store clerk then called out to another civilian he knew who happened to be standing
nearby. That civilian got involved and was able to wrestle the gun away. Eventually, the
subject weakened and the civilians were able to pull him off of the detective. The subject
survived the shooting. Officers who arrived at the scene moments after the incident was
over indicated that the detective was dazed, bleeding from the head, looked pale and was
not able to communicate. He could not hear out of his left ear and thought he had been
shot. The detective suffered blunt trauma to his head and a broken wrist.
Investigation by law enforcement officers revealed that on the day before this incident,
the subject had been taken to the Jackson Memorial Hospital Crisis Center by an officer
with the City of Miami Police Department. The City of Miami Officer had responded to
Camillus House because the subject was threatening people. Based on that officer’s
observations, he determined that the subject was suffering from mental problems.
Surprisingly, the subject was detained and transported without incident the day before.
We are uncertain as to what transpired that resulted in the subject walking around on
the streets the very next morning in a hospital gown.
The subject was charged with the attempted murder of the detective. Psychiatric
evaluations conducted after his arrest concluded that he was incompetent to stand trial.
Approximately two years later, his competency has been restored and his case was set for
trial.
Incident #3
On Tuesday, May 28, 2002 at approximately 7:00 p.m., a 66-year-old man flagged down a Miami-Dade
Police Department uniform patrol officer. He advised the officer that an unknown male had become irate,
begun swinging a knife and had attacked him. The victim was placed in the police car and driven back to
the scene (an apartment complex) where he identified his assailant.
The officer called out to the subject for him to stop walking. The subject cursed the officer and continued

file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (26 of 30) [1/11/2005 10:38:16 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

walking away. He pulled what appeared to be a knife from his waistband. Upon seeing the knife, the
officer called for back-up. Several officers responded to the scene. The subject began yelling obscenities
and profanity at the officers, all of whom were ordering him to drop his weapon. The subject was
challenging the officers to shoot him as he waived his weapon in the air.
While facing the officers, he began backing away in an attempt to leave the area. The subject then began
stabbing himself repeatedly while stating he could kill all the officers. In an attempt to disarm him, one
officer pulled out his A.S.P. baton and tried to flank the subject to knock the weapon out of his hand. The
subject cut off the officer’s approach and threatened him with the weapon. One of the officers described
the subject as acting "very, very crazy." The group of officers followed the subject for more than half a
mile as he walked across a golf course near the apartment complex. The officers were in a semi-circle
formation as they followed the subject with their weapons drawn.
At some point, the subject stopped and confronted the officers again with more name-calling and threats.
The officers were able to determine at that point that the subject had an ice pick. The subject lunged at
the officers in front of him and three of the officers fired, striking the subject in the chest, back and legs.
He died on the scene. In addition to numerous gunshot wounds, the subject had forty-one (41) puncture
type abrasions in the center of his chest area. A toxicology report revealed a blood alcohol level of .20 %
(more than three times the legal limit) and a drug alprazolam, popularly known as Xanax. Many of the
civilians who had contact with the subject on the day in question indicated that he had been acting
strangely.
Use of a Taser in this situation could have saved the life of this subject.

Incident #4
On October 16, 2001, Miami-Dade Police Department officers were dispatched to an area in
Northwest Miami-Dade. The call initially went out as an emergency disturbance. It was
later upgraded to an assault between two females. Upon their arrival, the officers
encountered an elderly woman (67 years old) in the front yard who indicated she had
been assaulted by her niece (the subject) who lived in the residence with her. The subject’s
ten year old son called 911 as a result of the fight between his mother and great aunt.
The aunt indicated to the officers that she wanted her niece removed from the residence.
As officers approached the front porch, the subject was standing inside the doorway with
her hands behind her back. However, the subject came at her aunt with a pair of scissors
raised over her head and tried to stab her. The subject grabbed her aunt by the throat,
pinned her against the wall with one hand and attempted to stab her with the scissors
with the other. As the officers yelled for the subject to drop the scissors, the aunt
continued to struggle and dodge the subject’s continued efforts to stab her. When the
subject refused to drop the scissors, one of the officers fired twice, striking the subject in
the abdomen and the hip. She survived her injuries.
Subsequent investigation and discussion with the subject’s aunt revealed that the subject
had just been released from the JMH Crisis Center and transported to the aunt’s
file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (27 of 30) [1/11/2005 10:38:16 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

residence. The subject had a history of hearing voices and engaging in violent behavior.
According to the aunt, the subject also abused drugs and alcohol. The subject admitted to
officers that she heard voices telling her to kill and further explained that she has been
hearing voices for years. She indicated that she never heard the officers telling her to
drop the scissors.
The circumstances of this case required the officer to use deadly force to protect the aunt
from death or serious bodily injury at the hands of her niece, the subject. This was another
situation where a Taser could have been used to stun and disarm the subject.
Incident #5
On February 9, 2002, at about 10:20 a.m. a truck driver in the vicinity of the railroad tracks near 107th
Avenue and Northwest 127th Street observed a bearded man wearing several layers of clothing. The
subject was carrying three foot long, 2" x 2" board that he was swinging like a club. The board contained
nails or spikes, which had been driven into the board in several areas.
The witness called the police. Because of confusion over jurisdiction, officers from both Hialeah Gardens
and Miami-Dade County were dispatched to the scene. Upon arrival, the officers got a description and
determined that the subject had gone into an overgrown, wooded area near the tracks. As they
approached the area, the subject emerged and started walking towards them, still armed with the
spike-and-nail encrusted board. The officers retreated and started walking backwards. They ordered the
subject to drop the club.
Two officers decided to use Mace in an effort to stop the subject from advancing. The subject used a
raincoat and jacket he had on to shield his face. Thus, the Mace was not effective. After ordering him
again to drop the club, the subject turned and began to walk away. Officers followed at a distance. The
subject walked behind a group of boxcars on the track. Officers pursued the subject on both sides of the
boxcars. He continued to walk away in spite of commands to stop and drop to the club.
Eventually, the subject stopped, turned toward the officers and raised the club. He charged at the officers
with the club. One of the officers slipped on the gravel next to the railroad tracks. As the subject got
within 8 to 10 feet of the fallen officer, other officers began to fire. The subject fell with the club in his
hand. He died at the scene. A homemade sheath and a long knife were in the subject’s waistband. The
entire incident lasted 20 – 30 minutes.
Investigation revealed that the subject was living in a couple of empty construction culverts nearby.
Sharpened knives, spears, homemade crossbows and Mace were found in the subject’s "residence."
Several of the officers recalled during the incident that the subject was shouting that he was God.
Workers in the area indicated that the subject had become a problem and that they had to shut down one
of the rail lines that day because the subject was blocking the path of the train.
Incident #6
During the early morning hours of June 6, 2001, a 55-year old man with a history of mental
illness was involved in an altercation at a cafeteria located near West Flagler Street
and 12th Avenue in the City of Miami. He left the scene. The manager of the cafeteria
flagged down two officers with the Miami Police Department ("MPD") and informed them
that the man had threatened him with a knife. One of the uniformed officers knew the
file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (28 of 30) [1/11/2005 10:38:16 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

subject from prior incidents and knew him to be a "Baker Act." The officers saw the subject
as he was walking away from the cafeteria and tried to get him to stop. He continued
walking away while carrying an pen pocket knife with a 3 ¼ inch blade. Repeated
commands in English and Spanish were give to the subject to drop the knife. He refused to
do so. As a result, a call went out over the police radio advising officers that there was a
"man walking northbound on Northwest 12th Avenue swinging a knife." Others recall the
dispatch as a "Baker Act with a knife." A number of officers responded to this "walking
chase" which proceeded north from Flagler Street, across the bridge to Northwest 12th
Street.
As officers responded to the moving scene, a number of efforts were made to disarm the
subject and take him into custody. Officers tried boxing the subject in with their patrol
cars (he would roll over the top of their patrol cars), using pepper spray approximately
five times (it had no apparent effect), giving voice commands through the public address
system of the police cars (he continued to slash the knife at the officers, the windshields
and the cars themselves), walking parallel to the subject to box him in (he continues
walking with the knife), attempting to strike him with an A.S.P. baton to knock the knife
out of his hand (the subject realized what was happening, turned toward the officer with
the baton and made a stabbing motion with the knife), and attempting to pin him against a
fence with one of the patrol cars (he rolled off the bumper and lunged at the driver’s side
window).
By the time the subject got to northwest 12th Street, there were approximately ten
officers on foot, walking near and/or parallel to the subject, a number of police in marked
cars with lights flashing, who were shouting commands. At one point, the subject lunged
toward one of the officers who was walking near him. The officer fired repeatedly,
striking the subject numerous times and causing his death. At the time of the shooting,
there were more than fifteen officers in the vicinity, including a number of sergeants and
a lieutenant. Many of the officers who responded to the dispatch knew the subject and
knew that he "was a little bit crazy, wacko."
A review of the subject’s background revealed a number of arrests for Aggravated
Assault on police officers, as well as resisting Arrest With Violence. He was usually sent
to a mental health program from the jail and at one point was found by the court to be
incompetent.
This last incident took an incredibly long time to come to its violent conclusion. The time
involved also included waiting for the 12th Avenue bridge to come down before the
subject could continue his northbound walk up 12th Avenue. Obviously, a Taser in the
hands of either one of these officers could have safely and effectively ended this pursuit
long before its tragic end. Predictably, officers recalled that the subject grew more
agitated as the "show of force" increased.
The failure to have effective police treatment plans in place in our community
contributed to the likelihood of this encounter. The failure to have a Crisis Intervention
Team member with a less-than-lethal weapon contributed to the death. We hope through
this Grand Jury Report that we have raised such an alarm that there will be no repeats of
file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (29 of 30) [1/11/2005 10:38:16 PM]

MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM: A

the predictable, avoidable scenarios described herein.

Appendix C
Aventura Police Department Use of Force
April 1, 1997 to September 15, 2004
Total Use of Force Incidents – 131
Non-Taser -55
Taser-76
Non Taser Incidents
30% resulted in injuries to officers (17 officers injured)
45% resulted in injuries to offenders (25 offenders injured)
Taser Incidents
13% resulted in injuries to officers (10 officers injured) 41% decrease
13% resulted in injuries to offenders (10 offenders injured) 60% decrease

We strongly believe that under these circumstances, lives can be saved (and as was
reported to us, lives have been saved) as a result of having a "less than lethal weapon" to
use when the conflict is spiraling out of control or alternatively, becomes too dangerous
for the officer or other citizens.

file:///C|/Documents and Settings/ASegura/Desktop/FinalReport S04 - latest.htm (30 of 30) [1/11/2005 10:38:16 PM]

INDICTMENT

INDICTMENT
NAME OF DEFENDANT CHARGE RETURNED
JOHN MOLINA and
ULY S. GRANT Murder First Degree True Bill
CALVIN P. MOORE Murder First Degree No True Bill
DANIEL ZEBULON DUNCAN Murder First Degree
Firearm/Weapon/Possession by Convicted Felon/Delinquent
Aggravated Assault True Bill
DAVID DWAYNE BROWN,
also known as "DABO", and
COLLIES JASPER ROBINSON Murder First Degree (A&B)
Murder First Degree (A & B)
Murder First Degree / Attempt (A & B)
Firearm / Concealed Weapon / Possession
by Violent Career Criminal (A)
Firearm/Use, Display While Committing a Felony (A)
Firearm / Weapon / Possession by Convicted Felon (B)
Firearm/Use, Display While Committing a Felony (B) True Bill
ANTWANN L. ROGERS Murder First Degree
Firearm/Weapon/Posn by Convicted Felon/ Delinquent
Robbery/Armed/Attempt True Bill
VICTOR GUZMAN Murder First Degree True Bill
DEMETRIUS ANDRE COOPER,
also known as "MIMI" Murder First Degree
Murder First Degree
Firearm/Possession by Convicted Felon
Firearm/Use, Display While Committing Felony True Bill
THOMAS MOBLEY, JR. Murder First Degree
Burglary / With Assault or Battery
Child Abuse / No Great Bodily Harm True Bill
ISRAEL MEDINA ROMAN Murder First Degree
file:///C|/Documents and Settings/ASegura/Desktop/Indictments for Final Report S 04.htm (1 of 6) [1/11/2005 10:38:56 PM]

INDICTMENT

Arson First Degree True Bill
EMMANUEL ETIENNE Murder First Degree
Burglary / With Assault or Battery/Armed True Bill
ANTHONY EROMOSE BANMAH, (A)
OKEFFE OMAR LEWIS, (B) and
JASON ALPHONSO NEWBOLD (C)
Murder First Degree
Murder First Degree
Robbery / Armed/ Firearm
Firearm / Possession by Convicted Felon (A only)
Firearm / Possession by Convicted Felon (B only)
Firearm / Possession by Convicted Felon (C only) True Bill
INDICTMENT
NAME OF DEFENDANT CHARGE RETURNED
RAMON MACHIN GONZALEZ, also known as
RAMON GONZALEZ MACHIN
Murder First Degree
Arson First Degree
Stalking / Aggravated True Bill 07/14/04
ALONSO VALENCIA Murder First Degree True Bill 07/14/04
RAFAEL ENRIQUE GIL (A),
ANDY HERNANDEZ (B),
ALEX ABREU (C),
CONTRELL WORSLEY (D) Murder First Degree
Robbery / Carjacking / Armed True Bill

GIVIOR JEAN (A) and
JAMES PARET (B) Murder First Degree
Murder First Degree / Conspiracy True Bill
ARIEL HERNANDEZ Murder First Degree

file:///C|/Documents and Settings/ASegura/Desktop/Indictments for Final Report S 04.htm (2 of 6) [1/11/2005 10:38:56 PM]

INDICTMENT

Sexual Battery / Deadly Weapon or Serious Injury True Bill
DERRICK BROCKINGTON Murder First Degree
Murder First Degree
Murder / Premeditated / Attempt True Bill
LARRY ROBERT WILLIAMS Murder First Degree
Deadly Missile/Shoot, Throw True Bill
LEWIS ANTHONY DRAYTON Murder First Degree
Arson First Degree
Burn to Defraud Insurer True Bill
ALEXANDER TRAVIS BELL Murder First Degree True Bill
GARVEY ALEXANDER BURROWS (A)
TEDDRICK ALLEN (B) Murder First Degree True Bill
JOSEPH ALLEN MORGAN, also known as
"BULLET", (A),
DAVID RUSSELL SUTTON, also known as
"THE KID" (B), and
DAVID LASH HANNA (C) Murder First Degree
Robbery / Armed / Weapon True Bill
CHARLES WILLIAM CARTER Murder First Degree
Robbery/Armed/Attempt
Firearm/Weapon/Posn by Convicted Felon/Delinquent True Bill
OVIDIO BORROTO Murder First Degree
Robbery/Armed/Attempt/Mask
Con Wea/Felon/Mask
Murder Second Degree/Felony True Bill
INDICTMENT
NAME OF DEFENDANT CHARGE RETURNED
COREY SMITH, also known as "BUBBA" (A),
LATRAVIS GALLASHAW, also known as ‘TRAV" (B),
ANTONIO GODFREY, also known as "GARHEAD" (C),
JULIUS STEVENS, also known as "JUDOG" (D),
file:///C|/Documents and Settings/ASegura/Desktop/Indictments for Final Report S 04.htm (3 of 6) [1/11/2005 10:38:56 PM]

INDICTMENT

ERIC STOKES, also known as "ERIC STEWART,
Also known as "CRAZY E" (E),
JEAN HENRY, also known as ‘HAITIAN JEAN" (F),
EDDIE HARRIS, also known as "EDDIE BO" (G), and
CHAZRE DAVIS, also known as "CRIP" (H)
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.

RICO/Conspiracy (A-H)
Racketeering/RICO (A-F)
Cannabis/Conspiracy to Traffick (A,B,C,D,E.F)
Cocaine/Conspiracy to Traffick (A,B,C,D,E.F)
Conspiracy to Commit First Degree Murder (A)
First Degree Murder (A)
First Degree Murder (A,C)
Murder/Premeditated /Attempt (C)
Conspiracy to Commit First Degree Murder (A,H)
First Degree Murder (A,H)
Conspiracy to Commit First Degree Murder (A,D,E,F)
First Degree Murder (A,D,E,F)
Murder Second Degree/Firearm (A,B)
First Degree Murder (B)
Conspiracy to Commit First Degree Murder (A,D,E,F,G)
First Degree Murder (A,D,E,F,G)
First Degree Murder/Solicit (B) True Bill

GUSTAVO JAVIER GUERRA Murder First Degree
Robbery/Strongarm True Bill
ALBERTO F. REAL, also known as
ALBERTO FALCON REAL, also known as
FRANCISCO SANCHEZ HERNANDEZ, also known as
ALBERTO REAL, also known as
"ALBERTO THE BARBER" Murder First Degree
Firearm/Weapon/Possession by Convicted Felon/ Delinquent True Bill
JULES DUCAS Murder Fist Degree
Murder/Premeditated/Attempt
Attempted Felony Murder
Robbery/Armed/Firearm or Deadly Weapon

file:///C|/Documents and Settings/ASegura/Desktop/Indictments for Final Report S 04.htm (4 of 6) [1/11/2005 10:38:56 PM]

INDICTMENT

Firearm/Weapon/Posn by Convicted Felon/ Delinquent True Bill
MELISSA M. NADER Murder First Degree
Child Abuse/Aggravated/Great Bodily Harm/Torture True Bill
CAMERON COTTON Murder First Degree
Murder/Premeditated/Attempt/Firearm
Deadly Missile/Shooting, Throwing
Firearm/Possession by Minor True Bill

INDICTMENT
NAME OF DEFENDANT CHARGE RETURNED
COREY LAMONT EDWARDS (A),
RICHARD BERNARD LATSON (B),
CHARLIE THOMAS (C) and
DAVON MONTRELL FRANCIS (D)
Murder First Degree
Murder/Premeditated/Attempt/Firearm
Attempted Felony Murder/Deadly Weapon
Murder/Premeditated/Attempt/Firearm
Attempted Felony Murder/Deadly Weapon
Robbery/Armed/Firearm
Assault/Aggravated/With a Firearm True Bill
RICHARD BERNARD LATSON (A) and
DAVON MONTRELL FRANCIS (B)
Murder First Degree
Robbery/Armed/Firearm True Bill
BRANDI NICOLE SMITH (A) and
GERARD WILLIAMS (B) Murder First Degree
Kidnapping / With a Weapon
Robbery/Armed/Firearm
Arson Second Degree
Firearm/Use, Display While Committing a Felony ("B" only)
file:///C|/Documents and Settings/ASegura/Desktop/Indictments for Final Report S 04.htm (5 of 6) [1/11/2005 10:38:56 PM]

INDICTMENT

Firearm/Possession by Convicted Felon ("B" only) True Bill
DERRICK LAMAR EVANS (A) and
ERIC LASCHON JOHNSON (B)
Murder First Degree
Burglary/With Assault or Battery
Robbery/Strong Arm True Bill
RUBEN MALDONADO Murder First Degree True Bill
CESAR EDUARDO RUANO, JR.
Murder First Degree
Burglary/With Assault or Battery Armed True Bill
JOSE LEONEL LONDONO Murder First Degree
Burglary/With Assault or Battery/Armed True Bill

file:///C|/Documents and Settings/ASegura/Desktop/Indictments for Final Report S 04.htm (6 of 6) [1/11/2005 10:38:56 PM]