New Law Makes Involuntary Commitment Easier Judges Now Have More Leeway To Lock Up People With Mental Illness

The arrest of a mentally ill man in a fatal stabbing in Seattle last weekend brings back a rush of unpleasant memories for Al and Jennie Drinkwine.

Two years ago, the Kirkland school teachers desperately sought help for their son Troy after he got out of the hospital following a suicide attempt.

But a mental health counselor declined to admit Troy into a mental hospital against his wishes, even though it was his parents making the request and even though he had a history of hospitalization and other problems associated with mental illness.

Two days later, Troy took his own life. He was 25.

It’s a tragic story that’s experienced too often by families of the mentally ill. However, thanks partially to the Drinkwines’ willingness to share the frustrations of their loss, it’s a story that might not be repeated as often in the future.

A new state law that took effect a month ago Wednesday with no fanfare makes it easier for judges to detain the mentally ill. The Drinkwines hope that lives can be saved by giving families a better chance of obtaining help for their loved ones.

“I truly believe that if the law were in place (two years ago) our son would be alive today,” Jennie Drinkwine said in an interview Tuesday. “We tried and tried and tried to get him help. It was inhumane to watch how sick he’d have to get to qualify (for commitment).”

The new law garnered little public attention during the legislative session that ended in April. But its significance has been recognized in recent days as people try to make sense of a fatal attack Sunday in Seattle following a Mariners baseball game.

Stanley Stevenson, a 64-year-old retired firefighter, was stabbed in the chest, allegedly by a man with a history of mental health problems and arrests.

Court records indicate the man arrested in the stabbing, Dan Van Ho, was deemed incompetent and recommended for confinement following an evaluation earlier this month at Western State Hospital, where he was sent after being charged for stealing a bicycle. But Ho was returned to the King County Jail, the theft charge was dismissed and he was set free.

As King County officials examine the case to see how it could have been handled differently, there have been conflicting reports as to whether the new law would have helped had it been in effect when Ho allegedly stole the bicycle in early July.

But the Drinkwines have no doubt that the law could have helped them save their son.

Acting under the old law, the mental health counselor who rejected their request for involuntary commitment couldn’t take into account Troy’s depression, history of mental treatment for schizophrenia, jail time or even his suicide attempts.

Under the new law, judges considering a request for recommitment may give “great weight” to evidence of recent hospitalizations or law enforcement intervention related to a person’s mental illness. They also can order people who aren’t taking their medications - schizophrenics often quit taking their medicine because it puts them in a zombielike state - to return to the hospital.

There are some who have concerns about the effect of making it easier to commit people to mental hospitals.

“Unlimited involuntary commitment is alarming,” said Steve Pearce, director of the Seattle chapter of the Citizens Commission on Human Rights, an international group that investigates civil rights abuses by psychiatrists. “It just opens up the door to all sorts of possible abuse.”

But prosecutors and advocates for the mentally ill note the high recidivism rate for criminals with mental illness, and believe better intervention could prevent crimes such as the attack at the Mariners game Sunday.