OKLAHOMA CITY (June 18, 2024) – Attorney General Gentner Drummond announced a brokered settlement with plaintiffs' attorneys on a class-action federal lawsuit. The settlement aims to deliver long-delayed justice for crime victims and save the state millions of dollars by ensuring due process for criminal defendants deemed "not competent" to stand trial.
Filed in March of last year, Briggs v. Slatton-Hodges alleges that the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) has violated due process rights of some pretrial defendants by failing to provide timely court-ordered competency restoration services. Some inmates deemed incompetent to stand trial have remained in county jails for over a year, delaying justice for crime victims.
The proposed consent decree, filed yesterday in U.S. District Court for the Northern District of Oklahoma, outlines a strategic plan to improve ODMHSAS’ restoration services and administer justice more efficiently.
“Under this proposal, victims and their families will not have to endure interminable delays for their cases to be resolved by the courts,” Drummond said. “This plan will strengthen the justice system and correct a process that has been fraught with problems. In so doing, this consent decree saves tens of millions of taxpayer dollars by avoiding the costs and risks of protracted litigation.”
The agreement also addresses concerns raised by Governor Stitt in his veto message last year regarding legislation that sought changes to the competency restoration system.
“We must do a better job addressing rampant mental health issues plaguing our society,” Gov. Stitt stated in his June 2023 veto of Senate Bill 552. “This includes taking a hard look at the methods and structures being used to restore to competency those criminal defendants who may be afflicted by mental health disorders.”
Drummond expressed hope that Gov. Stitt and legislative leaders would approve the plan.
“If this lawsuit proceeds, there is no doubt the State would be facing significant litigation risk that could cost taxpayers dearly,” he said. “This settlement, the result of months of extensive negotiations, will initiate important improvements and fix a broken system that has been a travesty of justice.”
Read the application for consent decree.
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