'Gap in the system': Addressing crime suspects' mental health in Travis County

Craig Staley, the owner of Royal Blue Grocery, a local downtown grocery chain, said a man who has been in and out of jail has put him out about $20,000 in window repairs.

AUSTIN (KXAN) -- Craig Staley, the owner of Royal Blue Grocery, a local downtown grocery chain, said a man who has been in and out of jail has put him out about $20,000 in window repairs.

Staley said the man has repeatedly broken into his store, even after getting arrested for the alleged crime multiple times.

The courts have found this suspect perpetually incompetent to stand trial. We are not identifying the man because of the mental health component involved. Police told KXAN the man is experiencing homelessness.

According to court records, the charges keep getting dismissed. The Travis County District Attorney's Office said people found incompetent and unlikely to restore cannot be prosecuted for a crime.

"It's terribly frustrating, and to know that it's going to happen again," Staley said.

But he also understands there's another layer here.

"There's a gap in the system," said Danny Smith, the director of mental health programs from the Travis County Sheriff's Office.

Smith said there's a mental health screening for everyone who comes into the jail. From there, staff will refer people they have competency concerns about to the courts. If a person is deemed incompetent to stand trial, they'll be put on a waitlist to go to the state hospital.

"That process is quite lengthy, it could take up to two years to get to a bed," Smith said.

District Attorney Jose Garza's office explained that this is different if the case involves someone who's unlikely to restore their competence.

"Individuals found to be incompetent and unlikely to regain competence certainly need treatment and other services, but they cannot be expected to receive this support through the criminal justice process. Therefore, it is crucial for government and non-profit organizations to collaborate and enhance mental health services in our community," Garza's office said in a statement.

Smith said the challenges his staff face on this front are due in part to what he called a lack of community resources. He said he also can't force someone to get treatment who the courts haven't required to do so.

"Unless that person is a danger to self or others though they can decline those services and walk away and that's often the case," he said.

Smith added that it also be difficult to intercept inmates with mental health needs to make that initial contact before the inmates get released, contributing to the revolving door aspect.

"It's a challenge with people coming in and out very quickly. Often, times people will come into booking overnight, then we interview first thing in the morning, and then within hours we're getting a list that they're being released, so providing services for them is very challenging, especially if you're dealing with things like homelessness," Smith said.

Travis County is in the process of creating a diversion center specifically focused on people with mental illness or drug addiction who get arrested. There's no set timeline on when exactly that will open.

"I think that's something our city our community our county really need to be focused on getting," Staley said.

Smith said about 10 people per month return to competency after receiving mental health services at the Travis County Jail, but in some cases - that can lead to another challenge.

"Some people with treatment will be restored to competency each time, so they'll come into the jail, they'll get stable, the charges will be taken care of and they're released back into the community," he said.

It's a multi-layer problem, because the man who keeps breaking into Royal Blue Grocery isn't getting the right help - and neither is Staley.

"Clock's ticking and we're probably about a month away from it happening all over again," Staley said.