A Jan. 21 article on NBC 7 San Diego reports on the unlawful confinement of Vietnam veteran Alan Alter, who spent 24 years at a California State Hospital despite never having committed a worthy offense.
According to the article, Alter, who suffers from severe PTSD and schizophrenia, was incarcerated for starting a brush fire in 1986. He was released on parole after serving a one-year prison sentence, but 10 years later he skipped one of his few remaining parole hearings and was sentenced to another two years in prison.
However, Alter was transferred to the Atascadero State Hospital a year into his second prison sentence under what is now called the Offenders with Mental Health Disorders (OMD) program. Here, Alter would spend the next 24 years in state confinement.
The problem: according to the California Department of State Hospitals’ own website, in order to qualify for certification as an OMD patient, the prisoner must have “used force or violence or caused serious bodily injury in one of the prisoner’s commitment crimes.” Additionally, under OMD guidelines, the state hospital’s medical director is supposed to evaluate patients and make recommendations for release or continued confinement.
As noted by the NBC 7 San Diego article, Alter did not hurt anyone nor did he intend to—his offense was nonviolent and therefore not eligible for certification for the OMD program. Nevertheless, the Atascadero medical director recommended that Alter remain in-facility each year since 1997, even after Alter’s original parole term expired.
The error went unnoticed or ignored for more than two decades until criminal defense attorney Patrick Dudley was assigned to represent Alter last fall. Dudley, realizing that Alter had never committed a qualifying offense, successfully petitioned the San Diego Superior Court to order Alter’s release.
Alter was freed on Jan. 7, 2021.
In response to Alter’s confinement and release, San Diego Public Defender Randy Mize told NBC 7 San Diego that his office would be reviewing 125 cases relating to the OMD program. As of the time of this writing, the results of that review or whether it is ongoing have not been made public.
The California Department of State Hospitals’ website states that there are 1,266 prisoners confined under the OMD program across its five state facilities.
The American Legion Helps Veterans Suffering from Mental Illness
The American Legion Department of California offers support for veterans suffering from mental health disorders and can connect veterans with VA and other resources.
Author: Christian Southards
Coming from a family with a proud military background and wanting to contribute his writing skills to a worthy cause, Christian began writing for the California American Legion in August of 2020. His father is a 25-year Army Veteran and his grandfather served in the Navy during Vietnam.
