Senate Approves Mental Health Consent Decree

Senate vote finalizes decree, sending it to the Secretary of State

OKLAHOMA CITY – The Senate voted today to approve the mental health consent decree that reduces wait times to treat defendants who have been declared incompetent to stand trial and awaiting competency restoration treatment. 

The resolution passed by a voice vote on the Senate Floor. The consent decree now goes to the Secretary of State’s Office to be filed. The Senate’s approval was the final hurdle to finalize the decree. 

"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, R-Tuttle. “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.”

The consent decree resolves a 2023 lawsuit against the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) that alleges the agency violated the due process rights of pretrial defendants in state court proceedings.

According to the agreement, and once fully implemented, ODMHSAS will work with experts as well as community leaders to improve competency restoration services in the state. 

"Avoiding prolonged litigation and excessive court fees is a win for the state,” said Senator Chuck Hall, R-Perry, who serves as Senate Appropriations Chairman. “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.” 

Provisions of the decree include:

• 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.

Governor Kevin Stitt and Attorney General Gentner Drummond negotiated and agreed to the consent decree. 

To read House Concurrent Resolution, click here.