The number of people waiting for the state to provide court-mandated mental health treatment has grown by 58% in the last two months, consultants said in a new report.
The report found there were 218 people stranded in county jails waiting for mental health treatment, as of Jan. 13. In November 2025, there were 138 people on the waitlist.
The Oklahoma Department of Mental Health and Substance Abuse Services' progress to improve the state's mental health system "is still halting," consultants said. The independent consultants have been hired to monitor the agency as it implements reforms that are part of a consent decree to settle a class action lawsuit.
The lawsuit filed in 2023 accused the Department of Mental Health of violating the civil rights of people in the criminal justice system with severe mental illness who sometimes wait months in jails for treatment. Before their cases can resume, defendants who have been found incompetent to stand trial must receive mental health treatment so they can understand the court proceedings and help their attorneys with their defense.
There's no sign the steadily increasing waitlist will stop growing, the consultants said in the report.
"If unchecked, this increase will soon result in a waitlist at or exceeding the number of people on the waitlist when the [consent decree] was entered," consultants wrote.
The department was unable to provide an official statement in time for this story, citing reduced staffing due to winter weather.
The state agreed to make fixes to the competency restoration system last year in March. At the time, at least 250 people were believed to be on the department's waitlist, but consultants said that the data they received from the agency was "so flawed and internally contradictory," it was not possible to establish a precise count.
Nearly a year later, consultants still had questions about the validity of data the department is reporting, and called for a full-time external auditor to verify the figures.
The latest report, and the slew of deadlines and requirements it creates for the department, is the result of a mediated session with the attorneys who filed the lawsuit on behalf of people in county jails waiting for treatment. Paul DeMuro, a lawyer for the plaintiffs, had previously asked the court to sanction the Department of Mental Health for its lack of progress.
DeMuro's request was denied by a judge, but penalties have already begun for failing to come into compliance with agreed-upon fixes. Since November, the department has been fined more than $3.1 million for failing to reduce wait times for treatment and make other improvements.
DeMuro said in a statement that he agreed with the consultants' latest findings, and admonished the department for its slow progress.
"After seven months of missed deadlines and rising wait times, the Department has still not implemented the Plan it agreed to," DeMuro said. "People with serious mental illness are sitting in jail far longer than the law allows. This puts incredible strain on every aspect of Oklahoma's criminal justice system. The court-appointed Consultants have given the State a clear roadmap. It's time to act before this crisis overwhelms our jails and our justice system."
Missed deadlines as agency deals with financial turmoil
The most significant violation the consultants identified was the department's failure to create a mandated "plan" to speed up wait times and improve the state's competency restoration system. The consent decree required the plan be submitted in June, but consultants said it "neither exists nor has it been implemented."
The consent decree also tasks the Department of Mental Health with creating two pilot programs to treat people at jails instead of waiting for a bed at the state mental hospital in Vinita.
The consultants reported they have received no documented effort at developing and implementing the pilot programs in Tulsa or another county. The initial deadline was also in June. The Tulsa County jail pod originally made available for the pilot program is no longer available because of the need to hold ICE detainees, the department told consultants.
Court consultants reported multiple requests for information from the department have been ignored, including questions about waitlist criteria, accreditation reports and other key data.
"[The Department of Mental Health's] response to requests has substantially improved since entry of the Decree, after change of executive leadership at the agency. However, there are still occasions when requests for information receive no response," consultants wrote.
The Department of Mental Health has been strained by a budget crisis and a change of leadership over the past year. The agency ran out of money to pay its 2,000 state employees last May and had to get an emergency infusion of cash from the Legislature.
Interim Commissioner Greg Slavonic has been in charge of the department since June, after state lawmakers fired former Commissioner Allie Friesen. During his time as the head of the department, Slavonic has made significant cost-cutting measures to "right the ship," including slashing contracts for mental health providers. Slavonic has repeatedly identified coming into compliance with the consent decree as one of his key priorities.
Consultants acknowledged some improvement since Slavonic's hire, but said the department is still not meeting "best efforts" to improve wait times for people waiting in jails across the state.
Slavonic could soon leave his temporary post, underscoring the need for a "solid plan," the report said.
Along with an increased number of people waiting for treatment, admissions to the state's lone state mental hospital have "sharply decreased," the consultants said.
The facility, the Oklahoma Forensic Center, is in the process of adding a new wing with 80 new beds. In October, the department hosted a job fair seeking 100 new hires. A spokesperson for the department reported that more than 25 job offers had been extended.
Oklahoma Attorney General Gentner Drummond's office called on the Department of Mental Health to work toward reforms after the consultants issued their report.
"We appreciate the prompt and thoughtful work of the consultants and we hope this gives the department the additional insight it needs to comply with the consent decree and begin to provide prompt and meaningful mental health restoration services to people needing those services before their criminal charges can be pursued and appropriately resolved," the Attorney General's office said in a statement.
The consent decree required the agency to reduce wait times for treatment to 45 days buy Jan 10. As of Jan. 13, the median wait time was 77 days.
This report was produced by the Oklahoma Public Media Exchange, a collaboration of public media organizations. Help support collaborative journalism by donating at the link at the top of this webpage.
