Emma Murphy
Oklahoma Voice
OKLAHOMA CITY — House lawmakers on Wednesday approved a landmark settlement agreement that would give mental health officials 16 months to reduce wait times to treat defendants unable to stand trial.
The 91-0 vote moves the state one step closer to settling a 2023 lawsuit that alleged the Oklahoma Department of Mental Health and Substance Abuse Services violated the rights of mostly indigent defendants who had been declared incompetent to stand trial by failing to provide timely court-ordered competency restoration treatment. The decree requires the agency to reform its competency evaluations and restoration treatment programs.
The settlement agreement now heads to the Senate.
House leaders have said state mental health leaders plan to implement the settlement agreement by increasing training, reducing the number of defendants inaccurately declared incompetent, creating a “constitutionally appropriate, cutting edge in-jail restoration treatment program,” and by adding additional in-patient beds.
Once fully implemented, mental health officials will ultimately have a maximum of 21 days to provide competency restoration treatment or face millions in fines.
There was brief discussion on the House floor before lawmakers voted, with Rep. Andy Fugate, D-Oklahoma City, asking clarifying questions about the consent decree’s price tag, which is expected to be between $26 million and $45 million over three to five years, and the ability of the Mental Health Department to continue providing competency restoration services under the decree.
Nothing in the consent decree prevents the agency from providing jail-based competency restoration.
A board chaired by Gov. Kevin Stitt rejected the landmark mental health settlement in October, pushing back against a recommendation from Oklahoma Attorney General Gentner Drummond. Stitt and Allie Friesen, commissioner of the Mental Health Department, were outspoken against the consent decree.
State officials later came to an agreement and approved the consent decree in November, but both legislative chambers must sign off on it.
Kelsey Davis, a spokesperson for the Mental Health Department, said this was a “significant step” toward strengthening Oklahoma’s behavioral health system.
“This is a major victory for Oklahomans, reinforcing our commitment to ensuring individuals in need of behavioral health support receive timely, evidence-based services to restore competency and move toward stability. … We remain dedicated to delivering solutions that improve lives, reduce strain on our criminal justice system, and expand access to care across all 77 counties,” she said in a statement.
This article was first published by the Oklahoma Voice
