A judge in Washington state has ordered the state to pay over $100 million in fines for failing to provide adequate mental health services to mentally ill individuals in jail. The decision comes as a result of a federal lawsuit filed on behalf of people with mental health disabilities who were charged with crimes and required to undergo competency evaluations. If found incompetent to face charges, the state is responsible for providing services to restore their competency to stand for trial.
U.S. District Judge Marsha Pechman ruled in favor of the plaintiffs, stating in her order that the Washington Department of Social and Health Services has been violating the constitutional rights of mentally ill individuals charged with crimes. She found the department in contempt for making them wait for extended periods in jails for their competency evaluations.
According to the judge, the department breached a preliminary injunction that mandated court-ordered competency evaluations for those in jail within 14 days, and for those at state hospitals within seven days. Furthermore, individuals found incompetent to stand trial must be admitted for restoration services within seven days. However, due to a lack of funding, personnel, and beds in mental health facilities, these timeframes were not met.
Judge Pechman criticized the department for its “own lack of foresight, creativity, planning, and timely response to a crisis of its own making.” She noted that Washington state had entered into a settlement agreement in 2018 to address the wait times, but they have only increased since then.
This is not the first time the state has faced legal consequences for its handling of mental health services. The court previously found Washington state in contempt of violating a settlement agreement on two occasions, resulting in $400 million in fines. The department has paid approximately $100 million of those fines, with the remaining amount held in abeyance. However, the judge has now ordered the state to pay $100 million in fines.
The judge also criticized the state for its failure to provide more space in psychiatric hospitals. Instead, the state removed civil beds at one hospital and closed wards, exacerbating the problem. Judge Pechman expressed her skepticism towards the Washington Department of Social and Health Services’ planning and response to the bed shortage.
Following the judge’s ruling, Norah West, a spokesperson for the department, stated that officials are assessing the ruling and trying to understand what actions the court expects them to take. Meanwhile, Beth Leonard, an attorney with Disability Rights Washington, praised the order, stating that it will lead to significant improvements for the most vulnerable individuals in Washington.
In conclusion, a judge in Washington state has ordered the state to pay $100 million in fines for its failure to provide adequate mental health services to mentally ill individuals in jail. The ruling follows a federal lawsuit and highlights the department’s violation of constitutional rights. The state is criticized for its lack of planning and response to the bed shortage, resulting in the prolonged wait times for competency evaluations. This is not the first time the state has faced legal consequences, with previous fines totaling $400 million. The ruling is expected to bring about improvements for the most vulnerable individuals in Washington.
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