The state of Oklahoma is making insufficient effort to fix a system that keeps people languishing in jail instead of getting mental health treatment, according to U.S. District Judge Gregory Frizzell.
The federal judge sided with independent court consultants tasked with monitoring the Oklahoma Department of Mental Health and Substance Abuse Services' ability to meet conditions outlined in a 2025 consent decree.
Frizzell's decision puts new stress on the department and the state to deliver on a promise to reduce wait times for defendants in jail who are entitled to competency restoration services before their cases can proceed.
"The Court has breathed new life into the Consent Decree," said Paul DeMuro, lead attorney for plaintiffs in the case against the state. "This is an impactful ruling for the hundreds of Oklahomans confined in county jails who are waiting to receive constitutionally required mental health treatment."
Under Frizzell's ruling, the department must hire a full-time data analyst to verify wait list data, appoint a person to be in charge of responding to court consultants' requests for information and will be subject to an independent forensic audit.
The department originally pushed back against these added safeguards, citing shifting leadership and financial turmoil as reasons for its stalled progress. The agency also contested the evaluation process, arguing the consultants' findings shouldn't hold real weight.
Frizzell acknowledged the department's "uncertainty and limited financial resources," but said difficulties aren't enough to prevent the agency from making "best efforts" to improve. He said the defendants waived their right to object to the evaluation process by agreeing to its terms last year.
Wait times for mental health treatment for people in Oklahoma's county jails have fluctuated, but remained high, according to data in court documents filed in the case. Since November, the department has been fined $100 for every person waiting more than 30 days, with additional penalties for longer waits.
Since then, the department has been fined at least $3.5 million for noncompliance. The money 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.
The consent decree also tasked the Department of Mental Health with creating two pilot programs to treat people in jails while they wait for one of the limited beds available at the state mental hospital in Vinita. Frizzell's ruling reaffirmed a lack of "best efforts" to get a program off the ground in Tulsa.
Department officials told consultants a pod at the Tulsa County jail originally made available for the pilot program was no longer available because of a need to hold ICE detainees.
In an interview with KOSU in February, Tulsa County Sheriff Vic Regalado disputed that claim. The Tulsa County jail entered into a 287g contract that allows local police to take a federal immigration enforcement role, but Regalado said the county does not have a contract with ICE to hold detainees.
"We've always had a pod," Regalado said. "And we would always make that pod available to our citizens first before engaging in any other kind of contract."
Regalado said the jail pod can hold about 90 people and has private access, which would allow mental health professionals to enter as needed. He said some work will need to be done to make the pod more conducive to treatment, including possible structural changes to accommodate individual and group therapy needs.
"It is my sincere hope that we do get this going," Regalado said.
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.
