Diridon: San Jose mayor is meeting the homeless housing challenge

Compliments to San Jose Mayor Matt Mahan for his inciteful, humane and more affordable program for meeting the homeless challenge — a great first step.

But the Santa Clara County Health Department estimates that 15% to 20% of the homeless population does not have the capacity to live alone and will not stay in unsupervised housing due to addiction or other mental health issues. As a result, they become emotionally unstable and revert to the streets — and are considered “a danger to themselves and others.”

This behavior was treated differently until the early 1970s. Back then folks were detained permanently in long-term mental health state-operated facilities. In our region that was Agnews State Hospital East along the Guadalupe River in a securely fenced, pastoral setting in North San Jose.

Inpatient care for those with mental illness was discontinued at Agnews in 1971 following a movement toward deinstitutionalization. This came about for three primary reasons — conditions were considered inhumane, new medications had come on the market and state governments wanted to push people into the community for treatment to save money.

Prior to the system’s termination in the early 1970s, a homeless person might be assigned by a judge to permanent supportive detention if determined to be an irreconcilable recidivist. That usually occurred after having had at least three cycles of being apprehended by law enforcement for acting in a manner considered dangerous to themselves or others.

The individual would then be interviewed by medical staff, usually at Valley Medical Center. Afterward the individual, with legal presence, would stand before a judge to determine if the person was guilty of the charges, three times. The first two such hearings usually resulted in a judge authorizing a 72-hour hold in jail or a mental health facility. After the third such judicial review, the judge had the option to authorize permanent placement in a mental health hospital.

That individual could live the rest of their life in supportive, protective custody unless the medical staff recommended a new judicial hearing. The person might then be released by judicial action, and many were, if the medical staff testified that they had permanently recovered from their illness or had a responsible adult who accepted legal custody.

That system protected society and the individual from harm when operated effectively. And was much more economical and humane than the current system that repeatedly encumbers law enforcement, behavioral health workers, the judicial system, probation services and the broader impacted community.

Currently, that demeaning and expensive cycle continues, sometimes dozens of times for those who suffer from severe mental illness and will never get well living on the streets. The revolving door cycle for these individuals encumbers law enforcement, hospitals, judiciary, temporary housing and supervision — until the impaired person seriously harms themselves or others.

That sad and dangerous deterioration of the system happened after former California Gov. Ronald Reagan signed the Lanterman-Petris-Short Act in 1967, ending the practice of institutionalizing patients against their will. This led to dumping those with severe mental illness on the street, which has been heartbreaking for many.

Though a proud progressive and champion of human rights, I’m convinced the old way was best, though it must be properly staffed and supervised. The mayor’s attempt to reestablish a version is humane, more affordable and should be supported.

Rod Diridon, Sr. is a retired six-times chair and 20-year member of the Santa Clara County Board of Supervisors and chair-emeritus of the Silicon Valley Ethics Roundtable.