Todd Spitzer’s unjust approach to justice fails the mentally ill and the homeless

When someone is arrested, the district attorney wields tremendous power in deciding whether charges are brought and what penalties are sought. These decisions have far-reaching implications for our safety and our quality of life, as involvement in the criminal justice system is a key driver of homelessness.

The current district attorney’s approach endangers us and degrades our quality of life.  Since District Attorney Todd Spitzer took office, homicides have reached a 22-year high. His second year in office, assaults with a firearm increased 51%. During his tenure, homelessness has ballooned 41%.

While violent crime surges in Orange County, DA Todd Spitzer continues to focus prosecutorial resources on low-level crimes. Case in point, the top 10 most prosecuted crimes in Orange County are all low-level, nonviolent offenses. This approach siphons police and prosecutorial resources away from violent crime. It also exacerbates our homelessness crisis.

Here’s why.

Responding to behavior stemming from addiction and mental illness with incarceration alone significantly increases the likelihood that one will end up homeless. In fact, the nonpartisan Urban Institute found that being incarcerated just once leaves someone seven times more likely to be homeless. To make matters worse, drugs are readily available in most lock-ups and incarceration has been shown to exacerbate mental illness. We simply cannot fix addiction, mental illness or homelessness by throwing people into a concrete box. If that approach worked, the behavioral health crisis on our streets would be getting better. Instead, it has gotten significantly worse.

Incarcerating people experiencing homelessness, mental illness and addiction may get them off the street temporarily, but low-level offenses don’t carry serious time. As a result, people are released back into society without treatment and with a criminal conviction that makes it more difficult to find employment and housing. Indeed, a criminal conviction is one of the greatest impediments to employment, housing and education. It creates a vicious cycle which significantly increases recidivism and homelessness.

Instead of accepting this reality and implementing proven solutions, Todd Spitzer — a 30-year politician — perpetuates policies that exacerbate crime and homelessness in our communities. For example, a recent study conducted by criminal justice experts recommended that he eliminate arbitrary barriers to diversion, which would more effectively break the cycle of petty crime and homelessness. Instead, Spitzer continues to pursue short stints in jail and criminal convictions for first-time, low-level, nonviolent offenders. Spitzer in 2018 called mental health diversion a “get-out-of-jail-free card,” which reflects a gross misunderstanding of mental illness in the criminal justice system.  A shocking 80% of kids in our juvenile hall and over 20% of those in our jail system suffer from mental illness.

Studies show that a majority of individuals who seek addiction and mental health treatment ultimately achieve sobriety and healing, and lead productive lives.  We should implement strategies that help people along that path, not criminalize and demonize them.

The upcoming June election presents you with an opportunity to chart a new course for Orange County. If elected district attorney I will prioritize the prosecution of violent crime while implementing modern solutions to improve our quality of life by reducing homelessness and treating mental illness and addiction as the public health crises they are.

I’ll work with the Orange County Health Care Agency to eliminate arbitrary restrictions and expand eligibility criteria to divert the addicted and mentally ill at the earliest point of contact. I’ll collaborate with law enforcement to implement modern approaches, like Law Enforcement Assisted Diversion (LEAD), which have been shown to effectively disrupt the cycle of addiction, mental illness and short stints of incarceration by helping participants work towards achieving stability in the community.

From my time serving in Afghanistan as a combat soldier to my career as a local and federal prosecutor, I’ve spent my life fighting to protect the safety and security of our communities. I’m raising my son here, and if elected district attorney I will listen to the experts, the science and the data to chart a path toward healthier and safer neighborhoods for every family in Orange County.

Pete Hardin is a former Marine judge advocate, special assistant United States attorney, deputy district attorney and candidate for Orange County district attorney.

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