Incarcerated Innocence: The Long Long Wait of Pretrial Detention

Seven months ago, my son was arrested for “attempted purse-snatching”. He was identified as the “suspect” because the woman accusing him had video of him riding away on his bicycle. That’s it.

But what really incriminated him, I think, was his appearance. Ben has schizophrenia, managed currently by a medication with side effects of trembling and fatigue. Add to that the fact that he looked homeless at the time, and (truth) was probably stoned. After months of trying in vain to get a job, he had returned to his old addiction to marijuana.

So - the police had to decide - who to believe? The lady with the Louis Vuitton purse (still in her possession) or the homeless-looking young man with the confused, vacant stare?

Yep. Incriminated by his illness. It’s an old story, sadly.

What has followed, though, is another kind of crime.

My son’s bail was set at - get this - $100,000.

100K!

I’ve heard of murder suspects with lower amounts. Eventually it was reduced to 25K, but still. To be honest, I’d thought a week in jail, waiting for the court date, might not be a bad thing for Ben. He’d sober up, learn a lesson, get some structure back.

But that was nearly seven months ago. Still no evidence, and all sides have thankfully agreed (dozens of character references and court appearances later), that Ben qualifies for a jail diversion program that will give him treatment he sorely needs - substance use, mental health.

This is wonderful news, sure.

But there are NO BEDS. He is currently #10 on a waiting list at last report (haven’t had any response to further inquiries in weeks), and we can’t get updates. If only he could count down to a release date, so he’d know how long he’ll stay in jail, waiting for the chance to see the sunlight again.

Could be months, they said.

So Ben sits, with 55 other pretrial inmates, counting the days. Trying to stay positive, make some friends, help out the newbies. There are positives to knowing he is safe, sober, in a low-security situation more like a big room of “cube-mates” than a prison with bars. Thankfully, he has companions, a tablet, regular injections of his medication, and commissary access once a week. For this, I am grateful. Certainly, it could be worse.

But it is still, well, jail. Very little outdoor time, very little to do. Frequent lockdowns. One day just like the other. There are no self-development services for pretrial incarceration. No classes, no meetings, no opportunities to do anything except play cards, try out “prison cooking” and hope for mail or visitors.

Seven months. So far. And what breaks my heart is that I can feel the hope draining out of Ben. There’s only so much a mother can do - except love him, encourage him, listen to him, and advocate for a better system.

Ben is clearly one of hundreds, thousands, of incarcerated individuals who need treatment. And while he is one of the lucky ones who has been approved to get help, he sits there, still, in jail.

This is a crime. A crime of the very system designed to rehabilitate, not just punish.

We need more beds for those with mental illness challenges, and we need them now. I know my son does.

What’s a mother/conservator to do? I wrote to the public defender, the intake teams at the jail diversion program, the forensic social worker, the jail counselor.

Still no answers. Should Senators and Reps be next? I think so.

Don’t let him lose hope. And he is not the only one. We need change, and we need it now.