The

The

Shelby

Law

O f fi c e s

county

of

Public

Defender

September 23, 2016

E. Douglas Varney, Commissioner
Tennessee Department of Mental Health & Substance Abuse Services

Andrew Jackson Building - 6^*^ Floor
500 Deadrick Street

Nashville, TN 37243

Re: Crisis in admissions to state hospitals from the Shelby County Jail
Dear Commissioner Varney:
I am shocked to learn of the extraordinary delays endured by individuals detained
in the Shelby County Jail who have been court ordered for admission to Western Mental
Health Institute in Bolivar, Tennessee, for treatment due to serious mental illness.

As of this moment, there are ten people in the Shelby County Jail awaiting
involuntary judicial hospitalization after a state court judge determined they require
treatment and care in an inpatient setting. Together they have been waiting a total of
795 days, which creates unnecessary risk of harm and is extraordinarily costly to Shelby
County taxpayers. Only one person has been admitted to the state hospital system from
the Shelby County Jail since July 21, 2016. He waited 162 days.
The present precarious situation places unfair burdens on jail personnel who
bear the responsibility to provide care and ensure safety. In addition each person
awaiting admission has also been found to lack adequate mental competence to
proceed with the adjudication of charges against them. As a result, not a single person
on your waiting list can exercise the right to have a trial, or otherwise resolve the
charges he or she is facing.

I know you agree it is unconscionable for individuals who suffer from serious
mental illness to languish for so long after a judge has determined that hospitalization is
required. Over the course of more than twenty-five years of my legal practice there have
been times when the state claimed it lacked suitable accommodations, but I have never

seen delays like those we are experiencing in Shelby County. I am seeking immediate
corrective action. Thank you for your attention to these concerns. My office stands
ready to assist in any way.

Stephen Bush
Shelby County Public Defender

S T E P H E N . B U S H @ S H E L B Y C 0 U N T Y T N . G O V 2 0 1 P O P L A R , 2 ^ ° F L O O R T: 9 0 1 . 2 2 2 . 2 8 0 0

MEMPHIS, TN 381 03 F: 901.222.2801