$4.1 million was quietly tucked away in the state budget in anticipation of settling a lawsuit that alleges Oklahoma’s mental health agency is not providing proper treatment to inmates in county jails.
House Appropriations Committee Chairman Rep. Kevin Wallace, R-Wellston, said funding from House Bill 2929 would be allocated to the Oklahoma Department of Mental Health and Substance Abuse Services in case the state settles any lawsuits during the legislative session.
A federal lawsuit filed last year alleges that the department and a forensic science center in Vinita, Oklahoma, failed to provide court-ordered competency restoration services to inmates in the county jail in a timely manner.
The plaintiffs, who are the legal guardians of four inmates awaiting competency restoration treatment, are not seeking monetary damages but rather want the state to develop an improvement plan to reduce wait times for competency evaluations and treatment.
They argue that inmates’ state and federal constitutional rights and protections under the Americans with Disabilities Act are being violated.
“Many Oklahomans who suffer from serious mental illness and are presumed innocent languish in county jails while awaiting competency rehabilitation treatment for periods far beyond constitutional limits,” the lawsuit states. “Many have waited months to receive the rehabilitation treatment required by law.”
“Some have been waiting for over a year. Almost all of them are poor.”
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The lawsuit alleges that prisons lack the facilities to treat inmates and have become de facto psychiatric wards.
During budget negotiations, lawmakers mentioned costs could exceed $4.1 million, and the state could face hefty fines, according to discussions.
Wallace said in an interview with Oklahoma Voice on Tuesday that projections suggest it could cost $45 million over five years to fix the problem.
But a lot needs to happen before that money can be spent, Wallace said.
Wallace said that could include seeking approval of a consent decree from a court or judge.
A consent decree is an agreement between the parties to resolve a lawsuit.
The consent decree could include strengthening capacity at the county jail and training staff, he said.
Wallace said that could include creating a plan similar to the multi-year Pinnacle plan.
The Pinnacle Plan was launched in 2013 to settle a federal class action lawsuit against the Oklahoma Department of Human Services.
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It’s designed to improve the state’s foster care system.
Tulsa attorney Paul DeMuro is representing the plaintiffs in the case.
“I’m grateful that the budget has been put in place. This is a necessary budget,” DeMuro said.
He declined further comment.
The Oklahoma Department of Mental Health and Substance Abuse Services did not respond to a request for comment.
Oklahoma Voice Editor Janelle Stecklin contributed to this report.
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