The House Appropriations and Budget Committee voted today to approve a consent decree between the Oklahoma Department of Mental Health and Substance Abuse Services and the plaintiffs who brought action against the state. The decree is a result of a 2023 lawsuit against ODMHSAS for violating the substantive due process rights of pretrial defendants in Oklahoma State Court proceedings who had been declared incompetent to stand trial and were awaiting competency restoration treatment. The Complaint alleges that the Department was allowing incompetent criminal defendants to endure unreasonable wait times beyond what is Constitutionally allowable for competency restoration treatment at the Oklahoma Forensic Center. The decree has been agreed to and negotiated by the Governor's office, the Office of the Attorney General and ODMHSAS. It now must be approved by the House and Senate to move forward. As part of this settlement, ODMHSAS is working with experts as well as community leadership to improve competency restoration services in the State of Oklahoma by: increased training of forensic health care professionals, reducing the number of individuals inaccurately declared incompetent, reducing the wait times to Constitutionally appropriate levels of competency restoration treatment, creating a Constitutionally appropriate, cutting edge in-jail restoration treatment program, and expanding the State’s resources including additional in-patient competency restoration beds. The agreed upon consent decree proposes a 16-month on-ramp for providing services. The state can ease into this plan under the decree, which proposes a strict five-year deadline for completion of services. "We would not choose to set policy through the courts in this way, but we feel like this consent decree is the best path forward so we can restore these competency services in a meaningful and timely way," said House Speaker Kyle Hilbert, R-Bristow. "This will ensure those who committed crimes are held accountable and victim families are allowed to see justice served, all while we are providing Oklahomans accused of a crime needed mental health services." It is anticipated implementing the decree could cost between $26-45 million, depending on how long it takes for the state to come into compliance with the requirements of the decree. "We have been assured by the Department of Mental Health that they have a plan for implementation of this decree and are hopeful it will not take the full five years to fulfill the terms needed for the department to come into compliance," said House Appropriations and Budget Chairman Trey Caldwell, R-Faxon. "In a year with declining revenue, this is not a price tag anyone in the state wants to pay, but we know this needs to get fixed quickly and we are all committed to getting this done this session." The Oklahoma Department of Mental Health and Substance Abuse Services is statutorily obligated to provide competency evaluations and restoration treatment for persons found incompetent to stand trial in Oklahoma state court criminal proceedings. When an Oklahoma state court determines that a person is incompetent to stand trial because he or she is a "person requiring treatment", but is capable of achieving competency with treatment within a reasonable period of time, the state court must suspend the criminal proceedings and order the Department, or its designee, to provide treatment, therapy, or training calculated to allow the person to achieve competency. The Oklahoma Forensic Center is currently the only Department-operated hospital that provides secure, in-patient competency restoration treatment in Oklahoma. "This helps our state avoid the costs, uncertainties and risks of protracted litigation, likely saving the Department millions of dollars in legal fees and expenses if the case were litigated to a conclusion," said Caldwell. "This is the right thing to do and the House is committed to move this through quickly knowing time is of the essence." House Concurrent Resolution1004 passed the House Appropriations and Budget Committee unanimously and will next be considered on the House floor. -END-