AG Drummond office faces Sept. 13 deadline for mental health consent decree

OKLAHOMA CITY, Okla. (KFOR) – As the contested battle of improving mental health services in Oklahoma jails continues a federal judge expects all parties to be in court this week.

A lawsuit accuses the state of not providing required mental health services for inmates held inside county jails across Oklahoma. The suit was filed in 2023 on behalf of four inmates who waited months, some more than one year, inside jail for mental health evaluations.

Previously, Oklahoma Attorney General Gentner Drummond, alongside the plaintiff’s attorney, awaited a federal judge’s review on the drafted consent decree to settle a federal lawsuit tied to improving mental health services and processes.

U.S. District Court Judge Gregory Frizzell , addressed the consent decree’s plan late Friday and concerning the development and implementation of a pilot restoration treatment program stating:

“Whether Oklahoma should permit outpatient competency restoration treatment services to persons charged with a crime, declared incompetent by a state-court judge, and incarcerated at a county jail or similar detention facility is best left to the judgment of the Legislature, not this court,” Frizzell wrote in his order.

U.S. District Court Judge Gregory Frizzell

U.S. District Court Judge Gregory Frizzell has given Drummond and plaintiffs’ attorneys until September 13 to re-address the consent decree, after Judge Frizzell said the program would violate state law because outpatient restoration services are not permitted in Oklahoma.

KOSU reported AG Drummond’s response after the ruling saying,

“Judge Frizzell asked for clarification on a specific issue regarding community-based placements.
It is worth noting that neither Gov. Stitt nor ODMHSAS have ever complained about this aspect of the proposed consent decree. Despite what the Governor might think, the consent decree does not violate state law and was not rejected by the judge. This political theater is a distraction. ”

Attorney General Gentner Drummond

Drummond re-affirmed his office continues to work toward an appropriate resolution on behalf of Oklahoma taxpayers.

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