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Hi everyone! My name is Anusha Tembe, and I am the Arch Policy Institute’s Housing Insecurity Policy Center lead. This piece aims to discuss the effects of housing insecurity on individuals living in Athens-Clarke County. Through Oconee Street United Methodist Church’s Courtwatch program and their Bail Fund Initiative, I have witnessed the negative effects of the criminal justice system on people facing housing insecurity.
When an individual is arrested, they are held in jail until their first appearance bond. The judge then sets their bond, and they are able to leave just a few hours later—but only if they are able to pay this bond. Oftentimes, people who struggle with housing insecurity do not have the means to pay cash bonds—some are even unable to pay bonds as low as one dollar.
Due to the cash bond system, many individuals have remained in jail for days, months, and even over a year because they are unable to pay for their release. Many unhoused individuals commonly face nonviolent charges such as trespassing, loitering, and disorderly conduct. In most cases, these charges have relatively low bonds, yet many are still unable to afford them. They are forced to remain in jail until their hearings/trials, or until their case is resolved, which can be weeks or months later.
In addition, there are at least a dozen in the Athens-Clarke County justice system that have been deemed “incompetent to stand trial” by a mental health professional (as observed by John Vodicka, Oconee Street UMC Courtwatch Program). This means that these individuals need to be admitted into a program or treatment plan that restores them to competency before they are able to go to trial. The programs must help them understand the charges against them, as well as communicate with their lawyer and others in the justice system. If the individual is able to pay their bond, they are released from jail and able to get the evaluation in outpatient care.. However, if the individual is unable to pay their bond—which often happens with those facing homelessness—the evaluation will be pending while they remain in jail.
People deemed “incompetent to stand trial” and who cannot afford bail must wait for care at the Augusta State Prison Hospital, a hospital plagued by long wait times. Currently, the waiting period for bed availability is 14 months (as stated by State Court Judge Charles Auslander in court). This means that individuals who are unable to pay bond have to wait in jail for around 14 months before they can be admitted. The restoration itself could then take several weeks or months. After they are restored to competency, their case can finally be added to the docket to go to trial, and they could have to wait even longer before their trial. The defendant would remain in jail during this entire process.
Although this issue is complex and requires reform at many different levels, one possible way to combat the problem is to create a transportation network to other regional or state hospitals. While these facilities may be further away, restoring individuals to competency progresses their criminal cases and helps people receive care in a timely manner.
The county jail could use a shuttle to transport defendants from the Athens-Clarke County jail to hospitals and treatment centers. These hospitals could include centers outside of the Augusta Hospital, such as Central State Hospital in Milledgeville. Local community mental health centers could also be involved. This shuttle would run between the jail and various psychiatric facilities every few weeks, depending on demand. Law enforcement would also be crucial in ensuring security and effectiveness.
There are some shortcomings that would need to be addressed. Although transportation to other hospitals and treatment centers would alleviate some of the pressure from the Augusta Hospital, availability in those locations might also be limited. There should be coordination with all locations to ensure that there is equal distribution, and one location is not overwhelmed with patients. Additionally, this would require additional funding and resources to implement effectively, which could put a burden on the county. However, if additional transportation is able to lead to less overcrowding in the jail, this could mean more effective utilization of jail resources (and potentially cost savings), thus helping the county in the long run.
Creating a shuttle system for mental health treatment would enable defendants to receive timely care and resolve the issue of lengthy jail detention for their pending cases. Restoration to competency can begin earlier, which would accelerate the cases through the judicial process. It would also benefit the county, as it would minimize jail overcrowding and reduce strain on the jail resources.
Funding and resources for this could potentially come from state or federal grants that work to improve the criminal justice system. Partnerships with nonprofits or other community organizations could also catalyze this program. A transportation program could be highly beneficial for the Athens-Clarke County justice system. This would not only ensure fair treatment towards those who are affected by this issue, but would benefit the county as a whole. Most importantly, individuals would no longer spend months in jail waiting for their case to progress through the system, simply because they are not able to afford their cash bond to receive outpatient treatment.
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