Oklahoma is being fined nearly $1 million for failing to implement mandatory fixes to the state's mental health system.
The fines total $928,400 for the past month, the Oklahoma Department of Mental Health confirmed on Monday. The penalties are part of a consent decree requiring the agency to decrease the amount of time criminal defendants wait in county jails for treatment after they have been found incompetent to stand trial.
The state started facing fines in October and will continue to face additional penalties unless it significantly reduces wait times for mental health treatment.
The state agreed to the terms of the consent decree in March to settle a class-action lawsuit filed on behalf of people waiting in jail for treatment. The consent decree states that the department will be fined for each person who has been waiting for more than 60 days.
"Much of our foundational work has focused on training and centralizing data, crucial to untangling a complex system and preparing for improvements. This will be a long process, and we're committed to completing it," an agency spokesperson said in response to fines.
Competency restoration treatment is a little-known part of the criminal legal system. It's a due process measure that prevents a person incapable of understanding the charges being brought against them from going to trial. Before their cases can resume, defendants have a constitutionally protected right to competency restoration services.
Lawyers who brought the lawsuit against the state argued some people were waiting months in jail, all while mentally deteriorating behind bars.
Fines started at $100 per day for each person waiting up to a week over 60 days to get treatment, increasing to $600 per day for each person waiting more than 60 additional days for treatment, according to court documents. The consent decree also requires the state to pay $100 a day for each person waiting more than 30 days for a competency evaluation.
The state will be subject to the same fines again in November and December. In January, the Department of Mental Health will be fined for every person who waits longer than 45 days for treatment. Penalties to the state can't exceed $3.5 million before next March, a year after the agreement was entered.
The nearly $1 million in fines the state owes for noncompliance is deposited into a third-party account, managed by members from the class counsel, the Attorney General's Office and court-appointed experts who monitor the state's efforts to improve.
According to the consent decree, the funds in the account must be used "for the purpose of funding or supporting services for people experiencing mental illness and competency issues in Oklahoma who are charged with criminal charges, including the Class Members, and which the Department is not otherwise obligated to provide by law or under this Consent Decree."
Paul DeMuro, an attorney who filed the lawsuit on behalf of people with severe mental illness in jails across the state, said members of the committee overseeing the account will meet to decide how to use the money, but spending plans have not yet been solidified.
The Department of Mental Health reports it has reduced the wait time for treatment from 214 days in June to 79 days on Sept. 22. On the same day, the department reported there were 139 people on the waiting list.
The Department of Mental Health has been the subject of increased scrutiny this year after announcing it was facing a multi-million-dollar budget shortfall, forcing the legislature to make a last-minute appropriation of $30 million for the agency to finish out its fiscal year.
Along with decreasing wait times for treatment, the Department of Mental Health is required to develop and implement a new pilot program to provide mental health treatment for some people in jail, increase the number of patient beds at treatment facilities and improve training for staff.
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.
