Mental health settlement to ensure faster competency restoration treatment: Oklahoma officials

(Photo by Carmen Forman/Oklahoma Voice)

OKLAHOMA CITY – The state has agreed to settle a federal lawsuit alleging it failed to provide timely and legally-mandated competency restoration treatment to jail inmates.

The agreement, unveiled Monday, imposes deadlines for the Oklahoma Department of Mental Health and Substance Abuse Services to reduce the waiting period for defendants requiring mental health competency treatment restoration, calls for the state to increase the number of beds dedicated for competency restoration and requires increases in the number of staff along with better training.

It also requires a screening program to expedite evaluation and placement of defendants in restoration treatment settings and imposes deadlines for court-ordered competency evaluations.

The agreement imposes escalating fines if the agency fails to meet deadlines for reducing wait times.

Details of the agreement, called a consent decree, must be approved by the federal court.

The Oklahoma Legislature must also approve the settlement when it becomes final.

The civil rights class action lawsuit, filed in federal court in Tulsa, alleged the agency was violating the due process rights of mostly indigent defendants declared incompetent to stand trial and being held in county jails. The suit alleged the state was failing to provide timely court-ordered competency restoration treatment to defendants, who in some cases, had been waiting for many months while their criminal cases remained on hold.

“We filed this lawsuit because Oklahoma’s competency restoration system is broken, and hundreds of people’s constitutional rights were being violated daily,” said Paul DeMuro, plaintiffs’ lead attorney.

The plaintiffs, who are the guardian ad litems of four inmates awaiting competency restoration treatment, are not seeking monetary damages, but want the state to develop a remedial plan to reduce wait times for competency evaluations and treatment. 

They allege inmates’ state and federal constitutional rights and protections under the Americans with Disabilities Act have been violated.

Oklahoma Attorney General Gentner Drummond said the agreement will deliver long-delayed justice for victims and save the state millions.

“Under this proposal, victims and their families will not have to endure interminable delays for their cases to be resolved by the courts,” Drummond said. “This plan will strengthen the justice system and correct a process that has been fraught with problems. In so doing, this consent decree saves tens of millions of taxpayer dollars by avoiding the costs and risks of protracted litigation.” 

The settlement is the result of extensive negotiations, Drummond said.

“If this lawsuit proceeds, there is no doubt the State would be facing significant litigation risk that could cost taxpayers dearly,” Drummond said.

Last session, lawmakers approved $4.1 million to start the process of settling the suit. Lawmakers at the time said they expect it will cost considerably more to fully comply with the terms of the settlement.

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