Mirror Indy investigation sparks action to keep hospital patients out of jail

In the wake of a Mirror Indy investigation , Marion County public defenders and prosecutors are diverting people arrested at local hospitals from jail.

“The vast majority of these cases are driven by mental health or substance abuse,” said Kendal Gulbrandsen, a lawyer who oversees the misdemeanor division at the Marion County Public Defender Agency. “Hospital officers want our clients gone immediately. They tend to go straight to an arrest.”

Now, people taken to jail from hospitals for low-level misdemeanors, such as disorderly conduct, resisting law enforcement and trespassing, can enter a diversion program . People charged with batteries, Gulbrandsen said, may need the victim’s approval to join.

If participants find housing or complete treatment for mental health or substance abuse through the program, their criminal charges are dropped. The program, named Quality of Life , was started by the prosecutor’s office in 2021; public defenders are now specifically using it to refer people who are arrested at Indianapolis hospitals.

“Eligbility is based on factors such as an individual’s criminal history, circumstances and needs,” said Michael Leffler, a spokesperson for the prosecutor’s office.

Mirror Indy’s investigation found non-violent offenses — including behaviors tied to mental illness — are driving cases at Eskenazi Health, where hospital police arrest someone every two to three days on average. Public defenders say it’s part of a larger trend of arrests at four major hospital systems in Indianapolis. In addition to Eskenazi, IU Health, Ascension St. Vincent and Community Health Network have all formed their own police departments — but they operate with little public oversight.

The Marion County Sheriff’s Office, which manages the jail, was supportive of the diversion program being used for hospital arrests. “Sheriff Kerry Forestal supports programs committed to connecting those experiencing mental illness with treatment and the support they need,” a spokesperson said.

Forestal, who is running to be a state representative , previously told Mirror Indy that hospital police are “putting hands” on people experiencing mental illness instead of getting them treatment. In January, his office discontinued a partnership with Eskenazi Health, which now operates its own independent police force.

Hospital leaders were largely unaware of the diversion program being used in cases stemming from arrests on their campuses. Most did not answer specific questions about the concerns of the sheriff or local public defenders.

Eskenazi Health has maintained that police officers are needed to protect staff from rising rates of workplace violence. “This is a national issue,” spokesperson Todd Harper wrote in an email, “and we all must work together to address it.”

Harper also said the public hospital supports the Quality of Life diversion program.

Community Health Network said it focuses on creating a safe environment for patients, visitors and employees. The hospital system, a spokesperson said, values its “strong working relationships” with prosecutors and public defenders.

IU Health said it prioritizes the wellbeing of everyone at its facilities and connects patients to social workers. “We do not arrest people experiencing a mental health crisis,” said spokesperson Lisa Tellus. “We ensure they are evaluated and get the care they need.”

Ascension St. Vincent did not respond to requests for comment.

None of these hospitals appear to be tracking arrests on their campuses or what happens afterward, including if people are ever charged or convicted of a crime.

Three of the city’s private hospitals — IU Health, Community Health Network and Ascension St. Vincent — declined to release their arrest records to Mirror Indy. Unlike city, state, county, and public hospital police departments, private hospital police forces are not subject to state public records law. Experts say it’s a gap that prevents police transparency.

A reporter confirmed arrests at these three hospitals through court records. After Mirror Indy’s investigation, the Marion County’s public defender office has also started tracking hospital arrests independently.

“We’re looking at the number of cases filed and the results,” Gulbrandsen said.

Indianapolis public defenders described several trends in hospital arrests: in some cases, people were asked to leave hospital property and arrested for trespassing while waiting for rides or moving to the parking lot or a bus stop.

“Security doesn’t consider it far enough away,” said Gulbrandsen, the agency’s lead on misdemeanor cases.

In other instances, people who are experiencing a mental health crisis or chronic pain are discharged. They’re arrested for trespassing after asking to see a doctor again, public defenders said, or for disorderly conduct for yelling and complaining about their care.

“I don’t think it’s a very good use of our resources,” Gulbrandsen said. “It’s very expensive to house people in jail.”

It costs Indianapolis taxpayers about $85 per day to house a single inmate. The longer someone is in jail, Gulbrandsen said, the more likely they are to get evicted or lose social services that help them afford health care and food.

David Harrington, a public defender who works on major felony cases, said being in jail can make a person’s mental health worse.

“It’s a stressful environment that can trigger symptoms,” he told Mirror Indy. “The jail might not have the exact meds they’re taking.”

In multiple legislative hearings, Indiana nurses and doctors said hospital police are needed to protect them from violence. Federal labor data shows people in the medical field are five times more likely to experience a workplace violence injury.

The Indiana Hospital Association led a decade-long lobbying effort to create hospital police departments and upgrade penalties for battery against healthcare workers. “It shows healthcare workers that we see them and stand with them,” said Laurie Gerdt, the association’s quality and safety advisor.

Public defenders, though, said there’s another solution: diversion. These programs are an alternative to prosecution and jail time. A person must voluntarily complete the terms of an agreement, such as getting mental health treatment, in exchange for their criminal case being dismissed.

“It could make nurses safer,” Gulbrandsen told Mirror Indy. “If people are getting treatment or stable housing, they won’t be showing up at the hospital again. Or if they do show up, they might be in a better state of mind.”

When people arrested at hospitals do end up in court, it can be hard to get evidence about what happened.

“In my experience, there’s no body cams or officers turn them off in patient areas,” Gulbrandsen said. “It tends to be our word versus the officers’, who don’t have video footage to back up what they’re saying.”

Both the Indianapolis Metropolitan Police Department and the Indiana State Police wear body cameras , which became widely adopted after 2020 nationwide protests against police brutality and racial injustice.

“Community Health Network does not require police officers to wear body cameras,” a spokesperson told Mirror Indy. “We respect the perspectives of public defenders.” The hospital system did not answer further questions about the policy.

Eskenazi Health said it does not require officers to wear body cameras at all times due to patient privacy concerns. Harper, the spokesperson, noted that police could unintentionally record other patients in the emergency room or violate privacy laws protecting psychiatric units or substance abuse treatment.

“There are times when officers will utilize body cameras and will take into account the clinical nature of the encounter,” Harper wrote. “We are reviewing the use of body cameras and considering all the privacy-related concerns.”

IU Health and Ascension St. Vincent did not say whether their hospital officers are required to wear body cams.

In an email, the Indiana Hospital Association said it does not establish body camera policies for individual hospitals. The organization was also unaware of the diversion program being used for hospital arrests, a spokesperson said, and has not taken a stance on the issue.

“We do believe hospital police departments should have appropriate policies, training and accountability mechanisms,” spokesperson Steve Cooke wrote.

Public defenders said body cameras should be worn by all police officers, including those working for hospitals.

“Sometimes these officers act with impunity because it’s their word versus a homeless person’s,” said Harrington, the lawyer who works in the county’s felony division.

This story was originally published by Mirror Indy and distributed through a partnership with The Associated Press.