The Oklahoma Department of Mental Health and Substance Abuse Services paid over $900,000 in fines as a result of noncompliance with a competency restoration consent decree.
Under the federal consent decree, the agency is subject to fines based on their ability to reduce the waitlist for competency restoration services on a set timeline.
The fines began accruing Oct. 1, and the agency paid $928,400 on Nov. 10 with funds appropriated by the Legislature for this purpose, said Maria Chaverri, an agency spokesperson.
The consent decree settled a 2023 lawsuit that alleged the Mental Health Department violated the rights of mostly indigent defendants who had been declared incompetent to stand trial by failing to provide timely court-ordered competency restoration treatment. The Legislature approved the settlement in March.
It’s expected to cost between $26 million and $45 million over three to five years, depending on the agency’s ability to provide competency restoration services on a set timeline, as required.
“Much of our foundational work has focused on training and centralizing data, crucial to untangling a complex system and preparing for improvements,” Chaverri said in a statement. “This will be a long process, and we’re committed to completing it.”
The fines are based on the number of people on the waitlist and how long individuals have been awaiting mental health services.
Seven months after the settlement’s approval, the Mental Health Department was supposed to reduce the wait time to 60 days. As of Oct. 22, the average wait time for admissions to Oklahoma Forensic Center was reduced from 214 days to 79 days, an agency spokesperson said.
After 16 months, the agency is required to reduce the waitlist to 21 days, according to the consent decree. The settlement includes other benchmarks between seven and 16 months.
The daily fines range from $100 to $500 per individual on the waitlist, depending on how long the person has spent awaiting services beyond the “maximum allowable” wait time, according to the consent decree.
The lowest tier fine costs the Mental Health Department $100 per day for each individual on the waitlist for one to seven days longer than allowed. The fine can reach $500 per day per individual that waits more than 60 days beyond the allowed wait time.
Court-appointed consultants previously released reports in June and September that found that while the Mental Health Department has made changes to improve services and comply, but hasn’t done enough to meet the required benchmarks of the settlement.
Plaintiffs had sought additional, separate monetary sanctions against the Mental Health Department for noncompliance following these reports, but a judge declined to issue an order doing so.
The state agency requested $17 million from the Legislature for the upcoming fiscal year to implement a court agreement to fix the state’s competency restoration system and to cover any related fines for noncompliance.
