Nowhere to go: State rules spell uncertain future for mentally ill inmate

Feb. 15--BLOOMINGTON -- Growing up, David Olsen's four siblings thought he would be the one to make it big in the world, maybe own his own business.

"David was a whiz in high school. He graduated a whole year early. He could just look at a picture of something and build it," said Marc Olsen, of Bloomington.

But for the past two decades, the Olsens have seen their brother slip into chronic homelessness and unemployment. He's been stabbed, severely beaten and arrested more than 40 times, mostly for petty crimes while living on the street.

Olsen has been jailed on felony theft charges since mid-October, a detention part of a calculated effort to resolve the criminal case in conjunction with a guardianship petition that could lead to his placement in a nursing home.

McLean County State's Attorney Jason Chambers said Olsen's well-being was one reason behind the upgrade from a misdemeanor to a felony.

"We had concerns that he could freeze to death" if he were released, said Chambers.

Olsen challenged the state's effort. At a jury trial Friday on the petition, with Marc sitting in the gallery behind his brother, a six-member jury ruled that Olsen needs help with housing and finances.

Physical abuse as a child, injuries suffered on the streets and years of alcoholism have taken their toll on Olsen, said Marc.

He worked for a local car dealer for about 20 years before his drinking got in the way of his job in the early 1990s. Odd jobs as a carpenter were sidelined after he fell from a roof.

Alcoholism was a battle for Olsen's father and both brothers. Marc recently marked 21 years in recovery. Over the years, he and other relatives encouraged Olsen to end his bond with alcohol; there were periods when he was sober.

"He's been in treatment many, many times. Each time he's been sober, he's hit another bottom," said Marc.

Olsen hit rock bottom about seven years ago when he was beaten and left for dead behind a garbage bin in Bloomington. "He's gone downhill since that trauma," which included memory loss, said his brother.

The siblings allowed Olsen to stay with them over the years but "when he's drinking, he's Dr. Jekyll and Mr. Hyde," Marc said.

Last summer, Marc found his brother, frail and weighing about 100 pounds, roaming downtown Bloomington. Marc bought a pop-up camper and set it on his property for his brother, but ran into problems when the city of Bloomington cited him for violating ordinances.

There have been efforts to secure disability benefits for Olsen, but he refused each time he was required to see a doctor to certify his medical condition.

"He lives in his own world. Our whole family loves him to death but you can only do so much," said Marc.

Jail is not the best option for people whose criminal offenses stem from a mental illness, he added.

"They're not bad people trying to get good. They're sick people trying to get well," he said.

Marc understands his brother's reluctance to be housed in a nursing home and would prefer he be allowed to live in an apartment. He has started an account on gofundme.com for donations to help his brother.

Judge Rebecca Foley is expected to appoint the Office of the State Guardian to handle Olsen's affairs at a Feb. 24 hearing on the matter.

In an objection filed Feb. 9, OSG lawyer Pamela Connell argued that Olsen's lengthy criminal history and lack of public benefits stand in the way of his placement in a nursing home.

Rusty Depew, the Bloomington lawyer appointed temporary guardian for Olsen, said Connell's suggestion of an involuntary commitment to a mental health facility may not be possible.

In a report filed with the court, Depew notes that Olsen's dementia, if considered organic, could exclude him from treatment at a state mental hospital.

Depew urged "creative measures" be used to find a solution for the difficult case. The jail is not the proper place, said Depew.

"Incarceration only adds to his dementia," he said.

Robert Carter, the lawyer who argued Olsen's position Friday, told the jury that it was no accident that Olsen's arrests often came as the weather was turning cold.

The county jail has been as expensive as it has been ineffective for Olsen.

Using the county's $50 per day estimate for the basic costs of housing an inmate, taxpayers have spent more than $29,000 to keep Olsen over the 584 days he has been incarcerated since 2009.

Assistant Jail Superintendent Diane Hughes said jail cells are serving an unintended purpose.

"The jail has become the surrogate mental health facility, shelter medical and mental health treatment center, and quasi-nursing home for the homeless, particularly those with mental illness or co-morbid heath issues," said Hughes.

Mentally ill inmates who cycle through the jail are staying longer and for more serious charges, according to data provided to the McLean County Criminal Justice Coordinating Council.

Between 2007 and 2013, 72 percent of 945 mentally ill inmates were booked multiple times into the facility. About half had a felony record, according to the data.

The county is currently working with consultants on a proposed expansion to the jail that would include a mental health unit.

Follow Edith Brady-Lunny on Twitter: @pg_blunny

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