Settlement Agreement Could Help Keep Mentally Ill Out of Washington Jails

A lawsuit between Disability Rights Washington and the Department of Social and Health Services in Washington settled yesterday. The suit revolved around a lawsuit filed by Disability Rights Washington back in 2014 on behalf of “mentally ill people who’ve been warehoused in jails for weeks or months while awaiting competency services.” When the lawsuit was first filed, it was seeking “relief for criminal defendants who were languishing for months in county jails while waiting to be evaluated to see if they were competent to help in their defense.” Those who were eventually found incompetent often had to wait additional “weeks or months before being taken to a state-run mental hospital for treatment.” As a result, the suit argued that the state “was violating their constitutional rights.”

A lawsuit between Disability Rights Washington and the Department of Social and Health Services in Washington settled yesterday. The suit revolved around a lawsuit filed by Disability Rights Washington back in 2014 on behalf of mentally ill people “who’ve been warehoused in jails for weeks or months while awaiting competency services.” When the lawsuit was first filed, it was seeking “relief for criminal defendants who were languishing for months in county jails while waiting to be evaluated to see if they were competent to help in their defense.” Those who were eventually found incompetent often had to wait additional “weeks or months before being taken to a state-run mental hospital for treatment.” As a result, the suit argued that the state “was violating their constitutional rights.”

The settlement is a welcome relief and will bring the state of Washington “into compliance with a judge’s 2015 ruling that said the state was violating the rights of its most vulnerable citizens.” Additionally, it’s expected that the settlement agreement will bring an end to the “contempt fines the state has been paying for years which have exceeded the $60 million mark.” On average, the state has been paying between $3 and $4 million in fines each month.

Before any parts of the agreement can be implemented, though, it must first be approved by U.S. District Judge Marsha Pechman. However, Kimberly Mosolf, an attorney for Disability Rights Washington, is hopeful that the judge will grant final approval, and said:

“Every day that someone with a serious mental illness sits waiting for help in jail, they get sicker. This plan will keep people out of jail when mental health treatment and community supports are more appropriate, and it will get people with mental illness who are currently in jail into community settings where appropriate.”

Prior to the announcement of the settlement agreement, Pechman spent years working with both sides of the aisle to “devise a plan to get the state into compliance.” The process involved many groups and individuals, including “family members, lawmakers, behavioral health organizations, law enforcement agencies, jails and courts,” according to David Carlson, a member of Disability Rights Washington. He said:

“This settlement reflects the ideas of those people closest to the problems and most knowledgeable about what it will take to fix those problems…The proposed settlement lays out a comprehensive plan to reform the way we treat people with mental illness who interact with our criminal justice system.”

But what kind of reform will be implemented going forward? Well, according to Disability Rights Washington, the plan will accomplish the following:

• Provide more crisis-response services to communities, including mental health professionals who will work directly with law enforcement
• Call for an increase in crisis facilities, more beds in hospitals and more residential support.
• Set up training for law enforcement and jail staff
• Identify people who cycle through the system frequently, so they can receive additional support

When commenting on the proposed settlement and the plan for reforming current procedures, lawyer Christopher Carney said:

“This is about supporting people in or at risk of crisis with the right service at the right time, in the right place. Anything less is immoral, financially irresponsible, and in the case of our clients, unconstitutional.”

Sources:

Washington reaches settlement in suit involving mentally ill awaiting competency services in jails

Deal over lawsuit could keep Washington’s mentally ill out of jail