A federal judge has declined to require daily monetary penalties against the state’s mental health department for failing to meet certain benchmarks.
The benchmarks are a part of an agreement to begin providing timely competency restoration for indigent defendants.
U.S. District Court Judge Gregory Frizzell directed the parties to use a dispute resolution process outlined in a consent decree to resolve differences.
The Oklahoma Department of Mental Health and Substance Abuse Services has begun implementing a settlement agreement stemming from a 2023 lawsuit that alleged the agency failed to provide timely competency restoration services, leaving some inmates, who were ordered by a court to receive competency restoration services, languishing in jails.
The agency entered an agreement with the plaintiffs to resolve the lawsuit. It set out certain benchmarks for the agency to meet.
A September report from the court-appointed consultants determined the agency had not met those benchmarks.
Plaintiffs in the case sought monetary penalties of $10,000 a day against the agency.
Frizzell with the U.S. District Court for the Northern District disagreed with plaintiff’s allegations the noncompliance was willful, adding that the consultants said the agency was acting in good faith.
But he was also critical of the agency.
“It is true that Class Members continue to endure long wait times for restoration treatment, often in conditions that exacerbate their mental illness,” his Wednesday order said. “The continued delay in the provision of restoration treatment by the Department should be and is of great concern to this court, as well as the general public.”
The agency issued a statement saying it welcomed the decision.
“We remain mission-driven and steadfast in this long-term process, supported by all of our facilities and state partners, to meet the consent decree’s requirements and strengthen Oklahoma’s competency restoration system,” the statement said.
Paul Demuro, the plaintiffs’ attorney, said the ruling was not what they wanted, but he appreciated the court’s quick action to decide the motion.
He said they’ll use the dispute resolution process before asking the court to intervene again.
“We’ve already initiated that process,” he said. “We won’t stop fighting until the competency restoration system is fixed.”
The agency has been in financial turmoil. It received a $27.4 million supplemental appropriation from lawmakers. The agency is requesting an extra $79.5 million for the upcoming fiscal year. Agency officials said some of that funding would help the agency comply with the settlement agreement.
Lawmakers in May removed former Commissioner Allie Friesen from her post, saying they had lost confidence in her.
Gov. Kevin Stitt appointed Gregory Slavonic as interim commissioner.
The agency has launched a search for a new permanent commissioner of mental health.
