The Oklahoma State Senate on Tuesday approved the mental health consent decree which will reduce wait times to treat defendants who have been declared incompetent to stand trial and who are awaiting competency restoration treatment. The Senate’s approval is the last needed for the decree to move forward.

News On 6’s Cal Day with stakeholders about what happens next.

WHAT DOES THE AGREEMENT DO?

It resolves a lawsuit filed in 2023 against the Oklahoma Department of Mental Health and Substance Abuse Services. The department is accused of violating the due process rights of pretrial defendants in state court proceedings.

Tulsa attorney Paul DeMuro is the lead class counsel for the plaintiffs.

WHAT HAPPENS NEXT?

DeMuro says the real work starts now.

As part of the agreement, the state department of mental health services and substance abuse services must increase training of forensic health care professionals, reduce the number of people inaccurately declared incompetent, reduce the wait times of competency restoration treatment, create an in-jail restoration treatment program and expand resources, which include adding more in-patient competency restoration beds.

The state could be fined for failure to make improvements within the agreed-upon timeline.

DeMuro says within the next 16 months, the state must also determine how to get mental health treatment to inmates within 21 days. DeMuro says some inmates are currently waiting as many as 100 days before treatment.

WHO SUPPORTED THIS ON THE STATE LEVEL?

Governor Kevin Stitt, Attorney General Gentner Drummond and lawmakers all approved the agreement. It took more than two years to get final approval.

“It’s rare that you get so many people on all sides on the same page at the same time,” said David Leimbach, another attorney for the plaintiffs.

WHAT IS THE GOAL OF THE AGREEMENT?

Attorneys and some lawmakers hope this improves mental health resources in Oklahoma.

“It is a big step in the right direction and it is an opportunity for people to come together, meet the metrics in the consent decree, find solutions,” said Leimbach.

WHAT DID THE TULSA COUNTY DISTRICT ATTORNEY SAY ABOUT THE AGREEMENT?

Tulsa County district attorney Steve Kunzweiler is praising the progress, but slams the department of mental health services and substance abuse services over the handling of mentally incompetent citizens “unnecessarily held in jails all over Oklahoma.”

His full statement to News On 6:

“Today’s approval of the consent decree by a voice vote in the Senate Legislative Chamber is an ironic comment placed upon the deplorable legacy of the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS). It speaks volumes about ODMHSAS’s handling of incompetent citizens unnecessarily held in jails all across this State. At every turn ODMHSAS said out of one side of its mouth that it was providing appropriate and timely services to these poor souls. However, on the other side of its mouth it was shamefully mismanaging the program for more than two decades. District Attorneys, Sheriffs, Defense Attorneys, Mental Health advocates and family members finally said enough is enough. Thank goodness their voices were finally heard by legislators – who unfortunately will now have to tackle other areas of historic neglect within ODMHSAS. If ODMHSAS had simply done its job, none of this would ever have been necessary. Just think of it – a voice vote in the State Senate (without opposition) is a loud rebuke of the now obvious ineptitude of ODMHSAS’s administration, which lorded over incarcerated Oklahoma citizens whose mental illness was not their fault. I am especially grateful to those legislators, law enforcement officials, attorneys, and mental health advocates who persevered in righting this injustice.”

WHAT ARE STATE LAWMAKERS SAYING ABOUT THE AGREEMENT?

“This agreement forces the state to improve fair treatment for people when they have mental health conditions and are waiting in jail for their trial. By settling this lawsuit, the state can get to work on the problem, which will not only save the Oklahoma taxpayers money, but also resolve criminal cases faster. We can prevent people in crisis from needing to go to the hospital or having unnecessary contact with the police by having more services in our communities and better access to mental health experts. We need to make it easier for people across Oklahoma to get early mental health treatment.”– Senate Democratic Leader Julia Kirt

"This consent decree represents a responsible path forward, ensuring those in custody will serve their sentence while continuing to receive mental health services without unnecessary, costly legal battles,” said Pro Tem Lonnie Paxton. “By passing this measure, we are protecting taxpayers from exorbitant costs while upholding our commitment to public health and safety. The details of the decree were negotiated in good faith by the governor and attorney general that led to a successful resolution.”

"Avoiding prolonged litigation and excessive court fees is a win for the state,” said State Senator Chuck Hall. “This consent decree is a common-sense solution that protects Oklahoma taxpayers. It is a responsible approach that ensures accountability to those in custody while ensuring essential services are met.”