Federal judge gives preliminary approval to resolve Oklahoma mental health lawsuit

Attorney General Gentner Drummond and State Auditor and Inspector Cindy Byrd attend the State of the State Address on Feb. 5 in the Oklahoma State Capitol. (Photo by Kyle Phillips/For Oklahoma Voice)

OKLAHOMA CITY – A federal judge on Thursday gave provisional approval to a plan to resolve a class action lawsuit against the state alleging competency restoration services for defendants awaiting trial take too long.

Judge Gregory Frizzell of the U.S. District Court for the Northern District of Oklahoma ruled the proposed consent decree is remedial in nature, narrowly tailored and consistent with Oklahoma law.

A hearing for final approval is set for Jan. 5.

“I am pleased the court has given preliminary approval for this settlement,” said Oklahoma Attorney General Gentner Drummond. “This consent decree will allow Oklahoma to deliver long-delayed justice for crime victims and save the state millions of dollars by ensuring due process for criminal defendants who have been deemed not competent to stand trial.”

Drummond represents the defendants, Allie Friesen, Oklahoma Department of Mental Health and Substance Abuse Services commissioner, and Debbie Moran, Oklahoma Forensic Center interim executive director

The lawsuit alleges the state agency is violating the rights of mostly indigent defendants declared incompetent to stand trial and being held in county jails.

The suit alleges the state is failing to provide timely court-ordered competency restoration treatment to defendants, who in some cases, had been waiting for many months while their criminal cases remained on hold.

Friesen said in a statement Friday that she opposed the proposed settlement agreement.

“This consent decree threatens to leave hundreds of individuals without the treatment they desperately need,” Friesen said. “It will force individuals, many suffering from severe mental health crisis, to remain in jail cells without the care they so desperately need.

“This situation is inhumane and heartbreaking. For the Attorney General or anyone else to suggest this plan serves the best interest of the most affected – Oklahomans in need of compassionate care – is unfathomable.”

Gov. Kevin Stitt’s office did not respond to a request for comment. He’s previously said he opposed the settlement agreement.

The plaintiffs and Drummond appeared to resolve a concern brought up earlier by Frizzell, who said the law does not allow for a community-based restoration treatment pilot program, a provision of the original agreement. The law does not permit competency restoration services to be provided outside of physical confinement, he said.

The parties are now proposing to make the pilot program contingent upon a future change or clarification in law, according to the order.

SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

DONATE: SUPPORT NEWS YOU TRUST