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PINELLAS COUNTY---Sixth Circuit Court Judge Crockett Farnell, no stranger to controversy and in his last days as a judge, has charged the secretary of Florida's Department of Children and Families (DCF) with seven counts of indirect criminal contempt for failing to transfer mentally ill inmates from the Pinellas County Jail.
In October, Farnell had ruled that the social services agency was in contempt for placing mentally ill inmates in jeopardy by failing to comply with state law which requires DCF to transfer mentally ill inmates who have been found to be incompetent to stand trial from county jails to state hospitals within 15 days.
Due to a shortage of beds and funding, some 300 inmates statewide have been waiting more than three months for a bed in mental health facilities.
In late September, Farnell ruled that he would fine DCF $1,000 a day, at the expense of the taxpayer, for each mentally ill inmate who remained in the Pinellas County Jail more than 15 days.
At a status hearing on Nov. 16, Farnell found DCF Lucy Hadi in contempt and subject to five months and 29 days in jail for each of the seven counts.
Farnell has reportedly told the St. Petersburg Times that he'd "love" to jail Hadi. "I'll do whatever I have to do to get somebody's attention", Farnell reportedly told the publication. She is scheduled to be arraigned on Dec. 14.
Pinellas-Pasco Public Defender Bob Dillinger told Farnell at the earlier hearing that DCF's blatant and intentional refusal to comply with state law had to be addressed. Calling Farnell's actions courageous, Dillinger says that DCF and Hadi are breaking the law and should have to answer for it. He says that "regular citizens who ignore court orders go to jail" and he doesn't think "government people should be any different".
Robert Gualtieri, attorney for the Pinellas County Jail, told Farnell at the September hearing that 3,773 inmates were incarcerated which was 1,300 over capacity including about 30 mentally ill inmates who should have been transferred weeks previous.
DCF counsel acknowledges that the agency isn't complying with its statutory duty but says that they don't have the ability to comply due to lack of funding and beds. Dillinger argues that when DCF made its budget request for 2006-07, it was for $53 million less, money that would have paid for 530 more hospital beds.
The issue is statewide but Farnell's actions are by far the harshest. Five inmates have sued thus far. The Hillsborough County sheriff has sued DCF over the delays and lawyers in other counties have initiated legal action against DCF.
A DCF spokesman says that putting Hadi in jail wouldn't create more beds and has announced plans to appeal Farnell's previous ruling. The spokesman says that the agency "has found" about $5 million in administrative funds that will be used to create more beds for the mentally ill but it's unknown how long that could take. He said DCF had been working on the problem long before the agency had been taken to court. 11-23-06
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© 2006 North
Country Gazette
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