Settlement Reached In Jail Mental Health Competency Lawsuit

The State Department of Mental Health has settled a class-action lawsuit filed by inmates at the Tulsa County Jail who say they sat in jail for months, even years, without getting mental health treatment.

The settlement outlines what the department has to do to fix the issues, but the Tulsa County District Attorney says the Department needs to clean house and hire new people.

The attorney representing the inmates says the settlement is a great start and hopes it will help speed up the process, not just for the inmates, but also the victims, who are waiting for justice.

The lawsuit says people in jail facing charges were declared incompetent, so they needed treatment that would either help them get competent to face the charges or if they remained incompetent, be put into a long-term facility.

The lawsuit was filed in 2023, saying the Oklahoma Department of Mental Health and Substance Abuse Services let inmates sit in jail for months and even years, before giving them that treatment.

Paul Demuro represented the inmates in this case and said long wait times are not new.

"The shortage of beds for people who have been declared mentally incompetent to stand trial, that has been brewing for a number of years,” said DeMuro. “It's been impacted by a lot of the same types of social problems that every other city in the country is facing."

DeMuro says as part of the settlement, the department has agreed to re-evaluate everyone who is on the list for treatment, hire more people, and increase the number of beds.

The department will also do studies on how to treat people in jail, including looking at jail-based competency restoration programs.

The Governor’s Office sent News On 6 this statement:

“Today, Governor Kevin Stitt announced a resolution in the Briggs v. Friesen case. Attorneys representing Commissioner Friesen and the Oklahoma Department of Mental Health and Substance Abuse Services, and plaintiff attorneys reached an agreement that prioritizes care of incarcerated individuals suffering from mental health concerns while protecting the Oklahoma taxpayer. "Commissioner Allie Friesen has worked tirelessly to promote the well-being of Oklahomans in state custody while ensuring Oklahoma taxpayers aren’t on the hook for tens of millions of dollars in attorney and consultant fees,” said Governor Stitt. "I am proud of her leadership. This deal will resolve the issues at hand in this lawsuit without keeping Oklahoma taxpayers in an endless settlement agreement that puts the health of Oklahomans at risk." "This resolution is a significant step forward in ensuring meaningful mental health support for Oklahomans in state custody while honoring our commitment to Oklahoma taxpayers," said Commissioner Allie Friesen. "Our priority remains improving evidence-based care and outcomes for all Oklahomans, and this agreement helps us continue that mission."’

The Office of the Oklahoma Attorney General sent News On 6 this statement:

“Attorney General Gentner Drummond and plaintiffs’ attorneys have reached an agreement to settle a class-action federal lawsuit that will deliver justice for crime victims, save the state many millions of dollars, and ensure critical improvements for state mental health services provided through the criminal justice system. Drummond lauded the agreement, which has now been endorsed by Gov. Stitt and the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS). “This settlement is a significant win for Oklahoma,” he said. “Victims and their families no longer will have to endure unnecessary delays for justice to be served, our criminal justice system will be rid of problems that have plagued it for years and Oklahomans will save tens of millions in taxpayer dollars by avoiding the costs and risks of ongoing litigation.” Filed in March 2023, Briggs v. Slatton-Hodges alleges ODMHSAS violated due process rights of some pretrial defendants by failing to provide timely court-ordered competency restoration services. Some inmates deemed incompetent to stand trial have escaped accountability in county jails for more than a year, resulting in delayed justice for crime victims. The proposed consent decree outlines a strategic plan for justice to be administered in a timely fashion by improving ODMHSAS’ restoration services.

The four-member Contingency Review Board, which Gov. Stitt chairs, is expected to consider the agreement in January.”

Tulsa County District Attorney Steve Kunzweiler sent News On 6 this statement:

“Today’s announcement of an agreed upon settlement in the class action lawsuit filed on behalf of detained inmates at the Tulsa County Jail, who languished multiple months due to the gross negligence of the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS), is welcome news. Tulsa County Sheriff Vic Regalado deserves much of the credit for bringing this issue to light. As I have said before, it is reprehensible that the citizens of Tulsa County had to bring a lawsuit against ODMHSAS, the very state agency vested with their care and safety. Instead of safeguarding these mentally ill patients, ODMHSAS embarked upon a decade long charade of deception to avoid doing its job – restoring them to competency or placing them in appropriate long term care facilities. Not only were these inmates the victims of ODMHSAS’s shell game, but also the tax payers of Tulsa County unnecessarily carried this state agency’s financial obligation. It is important to note that just this week the Oklahoma County Jail Trust authority issued its own scathing rebuke of ODMHSAS’s care of their incompetent inmates. They have requested over $800,000 reimbursement to the tax payers of Oklahoma County. I am requesting that Tulsa County make a similar demand upon ODMHSAS. If this agency had simply done the job it was constitutionally and statutorily obligated to do, then the State of Oklahoma would not have had to capitulate to the incompetence and dereliction of this agency. Once again, I renew my request to the Commissioner of ODMHSAS to clear her house, and to begin anew with committed professionals, rather than reward continued employment to those within her administration who maintained this debacle in the first place.”

DeMuro has faith in the settlement but says it comes down to how it’s put into action.

"I think this is a state-of-the-art plan, however, it's only going to be successful if it's executed well by the department,” said DeMuro. “Right now, we're getting off to a really good start, there's a lot of goodwill."

DeMuro also sent News On 6 this statement:

"We are thrilled to have finally reached an agreement regarding the class-action lawsuit in Briggs v. Slatton-Hodges, which provides us a once-in-a-lifetime opportunity to reform Oklahoma's broken competency restoration system. We applaud the Attorney General’s leadership on this critical issue, and also applaud the willingness of the Governor and Commissioner to sit down with us and work this out. We thank Lane Wilson, the settlement judge, who volunteered his considerable talent to help us bridge the final gap. There's a lot of work to do, but now we can all finally focus on fixing this serious problem."

The settlement now goes to the legislature for approval.