Tulsa, Oklahoma -- In the late afternoon of Monday, June 17, Paul DeMuro, of Frederic Dorwart, Lawyers PLLC, announced what a press release described as "a landmark Consent Decree settlement with Oklahoma’s Department of Mental Health and Substance Abuse Services (“Department”)."
The case touches "the treatment of persons found incompetent to stand trial who are forced to wait prolonged periods of time in jail for the Department to provide legally-mandated competency restoration treatment."
“Today is a great day for Oklahoma,” said DeMuro, lead counsel for the plaintiffs.
“We filed this lawsuit because Oklahoma’s competency restoration system is broken, and hundreds of people’s constitutional rights were being violated daily. This Consent Decree proves that strong, fact-based leadership, in collaboration with subject-matter experts, can develop solutions to complex problems.”
DeMuro praised Oklahoma Attorney General Gentner Drummond and recently-confirmed Department Commissioner Allie Friesen for being willing to take “a hard and honest look at the facts, instead of denying the problem exists and litigating to the bitter end.”
DeMuro said on behalf of a team of lawyers, “we are grateful for the Attorney General’s leadership on this important mental health issue, and for Commissioner Friesen’s willingness to develop a strategic plan to improve the Department’s delivery of competency restoration treatment for people experiencing mental illness in jail. There’s much work still to be done, but we’re headed in the right direction.”
The civil rights class action lawsuit was filed in Tulsa before U.S. District Judge Gregory Frizzell.
It alleges the Department was, in the words of the press release sent to CityNewsTulsa, "violating the due process rights of a class of mostly indigent persons incarcerated in county jails throughout Oklahoma who have been declared incompetent to stand trial. The lawsuit claimed the Department was failing to timely provide court-ordered treatment to class members who, in some cases, have been waiting many months for treatment while their criminal cases remained on hold."
The proposed Consent Decree must still be approved by the federal court, but DeMuro believes the proposed settlement “meets all the necessary legal requirements for final approval. We look forward to Judge Frizzell’s input and review of the proposed Consent Decree.”
The Oklahoma Legislature must approve the Consent Decree before it becomes effective because it requires an expenditure of more than $250,000 of state funds. The Parties will work with the legislative Contingency Review Board to obtain legislative approval.
DeMuro said in the release, also sent to CityNewsOKC: “The Consent Decree is a state-of-the-art model for competency restoration reform. We believe the Plan is consistent with the Governor’s prior call for “creative solutions” to improve Oklahoma’s competency restoration system.”
The proposed Consent Decree requires the Department to use “best efforts” to develop and implement a strategic Plan to improve Oklahoma’s competency restoration system, with input and approval by a panel of three subject matter experts, called “Consultants.”
The Plan includes, among other things:
* The Department’s commitment to cease operating the Department’s purported state-wide “in-jail” competency restoration program. Plaintiffs had disputed that the Department was actually running a legitimate statewide in-jail restoration program, as the Department had claimed.
* Imposing a series of deadlines on the Department, starting seven months after the Consent Decree is entered, to reduce the time incompetent defendants receive restoration treatment, down to a maximum allowable wait time of 21 days.
* A commitment to increase the Department’s inventory of in-inpatient forensic beds dedicated solely for competency restoration. Presently, the Oklahoma Forensic Center (OFC) in Vinita is the only state-run facility with beds dedicated to competency restoration. The lawsuit claimed that a lack of beds at OFC created a “waitlist” of hundreds of incarcerated persons in need of court-ordered treatment.
* The development and implementation of a competency restoration triage screening program intended to expedite evaluation and placement of class members in appropriate restoration treatment settings.
* Imposing deadlines for performing court-ordered competency evaluations.
* Upgrading and standardizing the qualifications and training of the professionals authorized to perform competency evaluations and restoration treatment.
* Development and implementation of a community-based restoration treatment pilot program in four Oklahoma counties.
* Development and implementation of an in-jail restoration treatment pilot program in two Oklahoma Counties, including Tulsa County.
* Upgrading the Oklahoma Forensic Center’s (OFC) staffing and environment-of-care standards.
* Development and implementation of a continuing education program for OFC psychiatrists, psychologists and other clinical staff involved in competency restoration.
The proposed Consent Decree imposes a regime of escalating fines imposed on the Department if it fails to meet the deadlines for reducing the wait times for defendants court-ordered to receive competency restoration treatment.
As DeMuro explained, from his perspective as litigator:
“The fines are a critical part of the plan. The fines will keep everyone’s eyes on the ball.”
DeMuro also praised the three lawyers who served as “Next Friends,” the legal representatives of the named plaintiffs, including: Leslie Briggs, of Oklahoma Appleseed Center for Law and Justice, Inc. in Tulsa; Hank Meyer of Oklahoma City; and Evan Watson of Lawton. “These lawyers dedicated their time, resources and talents to advocate for vulnerable people in need. That, in my view, is the true heart and soul of this profession.”
Although issues involved in litigation touching this issue have been a constant in Oklahoma politics and legal policy for many years, the matter gained higher scrutiny in 2023, when this particular lawsuit was filed.
Pat McGuigan, an editor emeritus for CityNews online and newspapers, prepared a report, working from available information, at that time.
For that background, go here:
https://www.citynewsokc.com/government/legal-group-files-class-action-lawsuit-against-state-agency-on-behalf-of-people-with-mental/article_7499c02c-b885-11ed-bcd2-875a0e5806f6.html
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