Massachusetts Madness: Jailed If You're Sick

by anonymous NSSC member

We expected to be celebrating my son Ross’* 37th birthday at our home in Massachusetts with family by his side. Instead of in our home hearing us sing Happy Birthday to him and enjoying cake, Ross was alone in a Massachusetts state hospital. He suffers from a severe mental illness/serious brain disorder. Specifically, he was diagnosed with bipolar 1 with psychotic features.

After being accepted to an Ivy League college, Ross studied social policy and social work, and excelled academically while playing four years of college football. He was on a highly successful career path having graduated from a prestigious college. After being employed in governmental prevention programs funded by the CDC, he went on to teach Spanish at an elite school, coach sports, and chaperone students in immersion programs across the globe.

Ross complained about the debilitating side effects of his psychiatric medication. He had recently taken himself off medication, after being compliant for thirteen years, and truly believed his success would continue without taking medication. As a result, he became quite psychotic and developed problematic behaviors of which he was totally unaware. This lack of insight into his psychosis is a common neurological condition known as anosognosia.

Ross had numerous encounters with police. His psychosis took the form of believing he was assisting society by reporting what he believed were safety concerns to law enforcement officials. Ross became an annoyance to the police. They were informed of his serious mental illness, but wanted his behavior to stop. A parked police car would sit outside his apartment, observing him, waiting for any opportunity to arrest him.

Ross eventually moved out of his apartment, and moved back in with his parents, returning to his childhood home in a small suburban community where he was known as a hero. Unfortunately, because of the behaviors he exhibited as the disorder progressed, neighbors began calling the police. The police went to the neighbors’ homes to conduct extensive interviews. They advised the neighbors to file criminal complaints against Ross for disturbing the peace.

Ultimately, Ross was arrested in our own backyard. He had questioned an unknown worker in the neighborhood as to why the worker was on his property. Ross then called the police to report this stranger. The police reported that they had no knowledge of repair work being done on our street. Ross became frightened and told the person to get off his “f—ing property” or he would “kill him!” He was hundreds of yards away from the worker. The police were called and handcuffed Ross. It is important to note that other neighbors also called to complain about the worker. I asked the arresting officer why he didn’t issue an involuntary transfer to the hospital for him, knowing his mental health status. I was told by the officer that he simply didn’t know how to do the paperwork.

Ross has been criminalized in the Massachusetts judicial system for having a serious mental illness. Massachusetts is one of two states in the United States which doesn’t have a structure in place to treat the mentally ill who end up in the criminal system.  Without an Assisted Outpatient Treatment (AOT) program in place, the most vulnerable in our state are punished and denied treatment for their mental illness. AOT is court-ordered outpatient treatment that reduce rates of incarceration, hospitalizations, and homelessness. Massachusetts and Connecticut are the only two states that don’t allow AOT.

After Ross served his jail time, the police department stepped up their efforts to keep him out of the community. He was brought to court again for disturbing the peace while wearing a Brittany Spears shirt. Ross was outside a liquor store where he had previously worked and he was told that people in the community felt uncomfortable around him. 
When in jail, Ross became sicker than I had ever observed. He was unmedicated and had little, if any, access to mental health services. He allegedly attacked a guard and was brought to court. Reportedly, Ross was pepper sprayed during the incident which was excruciatingly painful. This escalated his psychosis. He was transported to a different jail, which increased his paranoia. I reached out to the clinical director of the jail and pleaded with them to send him to a psychiatric hospital, to no avail.

I attended most of his court hearings, and never once did the mention of serious mental illness get addressed with an action plan presented to improve Ross’ level of functioning. After his first involuntary commitment hearing in late February, he was considered competent to make his own decisions and sent back to jail while waiting for his open cases to be heard. I was extremely concerned about his deteriorating health as he had not been medicated for over three months.

Ross is currently at Bridgewater State Hospital, which technically falls under the jurisdiction of the Department of Correction. While at Bridgewater, his commitment hearings keep getting delayed by the Committee For Public Counsel attorneys. I referenced his serious mental illness not being addressed in three local courts. Not one judge acknowledged his impairment in judgment by connecting it to his serious mental illness.

As each day passes, Ross misses every holiday and family gathering. His beloved grandmother died, who was his confidante and greatest supporter. He was unable to attend her unveiling ceremony.

If the court had focused on mental health instead of punishment, Ross would be in a different place. It is getting harder for me to live without him. I look around our home and see traces of a happy childhood and a young adult who excelled at everything he pursued. I wonder if he will ever see his dog, sleep in his bed, or play his guitar. Will I ever be able to hug him and prepare his favorite foods? How will he get his life back on track by being involved in the criminal justice system?

These are the questions that haunt me nightly. I feel panicked, frightened and full of despair. My son's story is one of thousands that support the critical need for AOT in Massachusetts. Not only would an AOT program have helped my son, but these programs have been shown to save millions in taxpayer money being spent on untreated mental illness, crisis intervention, law enforcement, jails, and more. The time is now to support legislation in favor of AOT. Massachusetts must do better to help the seriously mentally ill.

​*Name has been changed to protect identity.