On a cold fall night in 1997, in Green Bay’s Broadway neighborhood, a homeless man fell asleep on the steps of a church after drinking a bottle of vodka. A few hours later he was dead. An autopsy revealed that he died of asphyxia; choking on his own vomit. The death was ruled natural, the result of chronic alcoholism.
Research suggests that many homeless people suffer from mental illness, drug addiction and alcoholism. These characteristics often result in behaviors that draw police attention and as a result, the homeless have a higher frequency of police contact than the general population. Their behavior is often self destructive and harmful to others. Herman Goldstein, author of Problem Oriented Policing observed, “The police at times are forced to use ordinances or criminal statutes, a process that is unkind to the homeless, distasteful to the police and inappropriate for the criminal justice system.” Since these behaviors are often related to substance abuse or mental illness, the criminal justice system is ill equipped to handle these problems.
It is important to note that people become homeless for a variety of reasons including economic hardship. This can include working families and children who have suffered economic loss through no fault of their own and, most likely, will not have any contact with the police. This blog focuses on those who are chronically homeless and whose behavior somehow merits police attention. Since the police are likely to have frequent contact with this demographic of the homeless population, part 2 of this blog will review best practices and suggest alternative strategies in policing the homeless.
How we got here
The U.S. Department of Housing and Urban Development defines a chronically homeless person as, “an unaccompanied disabled individual who has been continuously homeless for over one year. Factors that contribute to stereotypes about the homeless are behaviors such as sleeping on the streets, panhandling, disruptive and disorderly behavior, lack of personal hygiene, and defecation outdoors. Panhandlers can deter customers from patronizing local businesses. Because the homeless themselves are frequent victims of crime they tend to sleep in public places like parks during the daytime. Such behavior has a tendency to deter legitimate park usage and may result in complaints from the public.
Citizen concerns about the homeless can be fraught with stereotypes reinforced by the media and personal observations. One Green Bay resident who lives near a homeless shelter related this account in an email to city officials;
“The homeless alcoholics use containers so that they won't get stopped for public urination. So, do not be naive and pick one up. Several people I've talked with recently, since September, have noted an increase in the number of cans and bottles on the streets and in St. John's and Whitney Parks. Being a draw for drunks doesn’t make me happy.” (Anonymous)
The message illustrates a perception many people have about the homeless and unfortunately the public may not differentiate between the mentally ill or substance abusers and a person who was displaced for economic reasons. The stigma of being labeled homeless seems to be closely associated with the stereotype of the New York’s squeegee men or as the Green Bay resident puts it, “homeless alcoholics”.
The Human Cost
Numerous studies confirm that a high percentage of people who suffer from mental illness and substance abuse are homeless. A 2007 survey conducted in Milwaukee revealed that 33% of the chronic homeless suffer from mental illness, 30% abuse drugs, and 30% abuse alcohol. In 2008, research conducted by the National Alliance for the Mentally Ill (NAMI) states, “44% of seriously mentally ill individuals had been arrested.” According to the 2008 Annual Homeless Assessment Report to Congress, chronic substance abusers accounted for 36.5% of the overall homeless population and 26.3% were classified as severely mentally ill.
Author E. Fuller Torrey explains why the mentally ill and substance abusers are such a prevalent part of the homeless population in his book, The Insanity Offense. De-institutionalization of the mentally ill began in the 1950’s with the discovery that anti psychotic drugs could alleviate the symptoms of mental illness. Substandard conditions in mental hospitals added to the momentum and over the next three decades over 75% of those once institutionalized were released. With the emptying of mental hospitals came an increase in prison populations. A study in 81 cities revealed “a direct correlation between the reduction of public psychiatric beds and an increase of arrests rates, crime rates and homelessness among the mentally ill.”
In what was perceived at the time to be a victory for civil rights dealt another devastating blow to the mentally ill. A 1972 court case, Lessard v. Schmidt, reversed the seven hundred year old legal principle of parens patriae, which established a government’s responsibility to protect people who are unable to protect themselves. The Lessard case defined stricter criteria for declaring a person a danger to themselves or others. Researchers argue that the criteria are unrealistic and so restrictive that it prevents those suffering from mental illness from receiving the care they so desperately need. The Lessard case set in motion a chain of events that some argue has resulted in countless deaths that would have otherwise been preventable, something Torrey calls, “The Consequences of Unconstrained Civil Liberties”. The Insanity Offense presents a number of case studies where people diagnosed with mental illness go on to commit murder because their mental illness went untreated. Torrey asserts this occurred because the patients did not meet the criteria of immediate danger, a standard defined in the Lessard case. He argues that the legal system has failed to protect the mentally ill and the victims of these violent acts. Researchers George Kelling and Catherine Coles support Torrey’s theory in their book, Fixing Broken Windows. Kelling and Coles describe a “catch 22 system” that provides temporary treatment and once the individual responds the treatment, they are no longer an “immediate threat” and are therefore released to repeat the cycle.
One aspect of mental illness, especially paranoid schizophrenia, is that those afflicted often do not view themselves as being sick or requiring treatment, a condition known as anosognosia. This may explain why so many individuals afflicted with mental illness fail to take prescribed medication. Those who do not feel the need to take medication are free to disregard medical advice until their behavior steps outside of social norms and may become, in some cases, violent or self destructive. These individuals find it difficult to function within the confines of social norms and as a result, many become homeless. Research and case studies in Massachusetts, New York and Philadelphia suggest those suffering from mental illness who do not take prescribed medication are more likely to become homeless.
Chronic alcoholism is another affliction which impacts homelessness and police resources. In 2009 the Green Bay Police Department took 300 people into protective custody due to incapacitation from alcohol. Of these 300 people, 25% were involved in three or more police contacts in one year where alcohol was a factor. Examples of these contacts were disorderly behavior, depositing human waste in public, panhandling and possessing open intoxicants in a park. One individual alone accounted for 28 police contacts. Another Green Bay study of people who had frequent alcohol related contacts with the police revealed 25% were homeless. The research revealed two important details, a small percentage of the population accounts for a disproportionate amount of police contacts and, chronic alcoholics were more likely to be homeless than those who were not alcohol dependent.
One example in Green Bay involved a chronic alcoholic known as “Rooster”, a homeless man known to local residents and business owners as the town drunk. Rooster averaged three police contacts per week for behaviors such as aggressive panhandling and public urination. Beginning in the 1980’s Rooster was taken into protective custody and committed to the Brown County Mental Health Center over 80 times. The cost of each visit was estimated at over $1,200, totaling over $96,000 in treatment with no apparent change in behavior. Despite efforts of local law enforcement to seek court ordered committal for Rooster, he continued to live on the street until he succumbed to medical complications resulting from alcoholism and died. Unfortunately, this situation is not unique to Green Bay. A Boston study revealed that 92% of street deaths involved people who were chronic alcoholics who chose not to stay at local shelters.
This is a serious problem that affects all communities, but what can be done about it? In part 2, Effective Strategies and Best Practices I will examine how police across the nation are coping with this universal problem and suggest strategies that may help with your local problem.
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