OKLAHOMA CITY – The House voted Feb. 19 to approve a consent decree resolving a 2023 lawsuit against the Oklahoma Department of Mental Health and Substance Abuse Services.

The lawsuit alleges ODMHSAS violated 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.

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 decree has been agreed to and negotiated by the Governor’s office, the Office of the Attorney General and ODMHSAS and now approved by the House. It must also pass the Senate in order to move forward.

“The House vote today shows the need to move forward with the parameters outlined in the decree to ensure those who committed crimes are held accountable while those accused of a crime get the mental health services they need,” said House Speaker Kyle Hilbert, RBristow.

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. The ODMHSAS has an implementation plan they believe will satisfy the parameters of the decree.

“This helps our state avoid the costs, uncertainties and risks of protracted litigation,” said House Appropriations and Budget Chairman Trey Caldwell, R-Faxon. “This is the right thing to do and I am glad the House was united in moving this through quickly knowing time is of the essence.”

HCR1004 passed the House unanimously with a vote of 91-0 and will next be considered by the Senate.