Officers arrested Fred Casself on March 8, charging the schizophrenic, homeless, Vietnam veteran with trespassing and assault on a law enforcement officer.
In court that day, a judge ordered a psychiatric evaluation after Casself spat, cursed and made an obscene gesture.
An evaluation five days later concluded Casself was unfit to stand trial.
Normally, a judge would drop the charges and commit the suspect to Dorothea Dix Hospital.
That did not happen in Casself's case, and three months later, he remains in jail.
Everyone involved in Casself's case is expected at the jail Tuesday to straighten out the situation.
Casself's attorney expects he will be released from jail and transported to the mental hospital by the end of the day.
Last month, it was discovered that a homeless man named Chauncey Holliday spent nine extra months in the jail on trespassing charges. The charge should have meant that Holliday served 20 days in jail.Because of a paperwork mistake, Holliday served 316 days, costing taxpayers $21,000.