Options slim for mentally ill inmate

A mentally ill woman who tried to hire a hit man to kill her husband may not be able to afford treatment at a mental health facility for her bipolar disorder, which could leave the judge two choices: Sentence her to prison or probation.

Erszebet Racine has been in custody at Wayne Brown Correctional Facility since March, when she was arrested as she tried to hire an undercover informant to kill her husband Dennis Racine for $5,000.

Since the arrest, Dennis Racine has taken care of their two children, 10 and 5.

He said his wife, who he is in the process of divorcing, had struggled with bipolar disorder for most of their 12-year marriage.

Nevada County Judge Robert Tamietti has said he would like to sentence Racine to a combination of jail time and a year in a secure mental health facility, but no facility of the kind exists in Nevada County.

"I have to take into account the public safety aspect as well," Tamietti said Tuesday.

In court Tuesday, Racine's attorney Monica Lynch said she has found an appropriate facility - Crestwood Behavioral Health in Sacramento - but the spousal support payments Racine would receive in a pending divorce settlement would not be enough to pay for the treatment.

And the facility will only take Racine, Lynch said, if her commitment is voluntary, not mandated.

Lynch asked Tamietti if a conservatorship through the county or any other county funding is at all possible to aid Racine financially.

"It would be news to me if it were available," Tamietti said.

In the meantime, Lych has asked for more time before sentencing in order to let Racine's divorce proceedings play out in family court.

Deputy District Attorney Katy Francis said she wants the court to send Racine to state prison for a 90-day evaluation, which would determine if Racine is a suitable candidate for prison.

She said the Immigration and Naturalization Service has placed a hold on Racine, who is a citizen of Hungary.

"The (INS) has given every indication they will deport her after she completes her punitive time," Francis said. "We could be spinning our wheels."

The mental health facility is not considered punitive by the INS, Francis has said.

Tamietti said he thought a 90-day evaluation in prison is a good idea, but he wants to give family court the time it needs to resolve the divorce.

Racine's sentencing has been postpones to 1:30 p.m. Sept. 25 in Nevada County Superior Court.

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To contact Staff Writer Robyn Moormeister, e-mail robynm@theunion.com or call 477-4236.