Lawmakers finalize decree aimed at reducing mental health wait times for inmates

State lawmakers finalized legislation aimed at enforcing a consent decree that seeks to reduce the amount of time inmates declared incompetent to stand trial must wait for mental health treatment.

The bill, which passed the Senate 33-14 and now heads to the governor’s desk, charges an official within the Oklahoma Department of Mental Health and Substance Abuse Services with ensuring full implementation of the court-ordered agreement.

Consent Decree Stems From 2023 Lawsuit

The legislation follows the approval of a consent decree in March to resolve a 2023 lawsuit that alleged the state was violating inmates' rights by delaying competency restoration services.

“We are seeing this bill today because we want to make sure the consent decree is followed to the letter of the law,” said Sen. Brenda Stanley, R-Midwest City.

We have people sitting in jail who have been declared incompetent to stand trial. We want to expedite that to make sure they get the mental healthcare they need and deserve,“ she added. "This has been going on for years, this consent decree is trying to correct the mistakes that have been made.”

Senate Approves Consent Decree Implementation

The Senate also passed the consent decree itself by a voice vote earlier this session, clearing the way for it to be filed with the Secretary of State’s Office. That approval marked the final hurdle before implementation.

"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, in a statement. “By passing this measure, we are protecting taxpayers from exorbitant costs while upholding our commitment to public health and safety.”

The consent decree resolves the Briggs v. Friesen lawsuit and requires the state to reduce wait times for mental health treatment for pretrial defendants. Once fully implemented, ODMHSAS will collaborate with experts and community leaders to improve competency restoration services.

“Avoiding prolonged litigation and excessive court fees is a win for the state,” said Sen. Chuck Hall, R-Perry in the same statement. “This consent decree is a common-sense solution that protects Oklahoma taxpayers.”

Oversight and Implementation Assigned to New Mental Health Officer

The bill designates the agency’s Chief Medical Officer, Dr. Jason Beaman, to oversee the implementation. Stanley said Beaman has already been hired and approved for the position, and will be responsible for directing appropriated funds, preparing detailed budgets, and submitting reports and audits to both the commissioner of mental health and the Legislature.

“This individual will be responsible for all appropriated dollars designated for this purpose,” Stanley said. “Fiscal year 2026 has already appropriated $9.5 million—we need to make sure this is carried out correctly, appropriately, and according to the court’s decisions.”

“He’ll be reducing the number of individuals inaccurately declared incompetent, lowering wait times to constitutionally appropriate levels of treatment, creating an effective in-jail restoration treatment program, and expanding the state’s inpatient bed capacity,” she added. “So this man has a huge job to oversee the consent decree, and I have full faith that he’ll be able to do that.”

The official will also report directly to the Legislature, the governor, the Senate Pro Tem, and the Speaker of the House, Stanley noted, saying: “We’ll have some good oversight in that agency to make sure this consent decree is carried out like it’s supposed to be.”

Stanley emphasized the broader implications of the legislation, calling mental health in Oklahoma “a crisis.”

“Our inmates in the jails can use this help. They may not have committed those crimes if they hadn’t been mentally ill,” she said. “This is just ensuring we get the help to them, to get them competent to stand trial, and give them the services they deserve. It’s just part of due process in my opinion.”

Minority Leader Voices Concerns Over Execution

Senate Minority Leader Julia Kirt, D-Oklahoma City, voted for the bill but raised concerns about whether the agency currently has the capacity and expertise needed to effectively implement the decree.

“I understand the waitlists have grown longer for people in jail, and that’s deeply alarming,” Kirt said. “We clearly need change, but I’m concerned there’s a bigger issue with cash management and putting the right humans on the ground to get people the care they need.”

She also questioned whether the new official would have enough authority and support to move quickly and effectively.

“I think we’re talking about endemic problems,” she said. “We’re not seeing progress on our responsibilities for the consent decree. I hope we can continue to raise the alarm and improve our oversight so we don’t fall apart this year and can actually put these systems back in place.”

Stanley acknowledged the concern, saying, “I wholeheartedly agree with you, and I think this is a step in the right direction. Putting it in statute makes sure we can get those reports that we need to make sure that agency is running efficiently.”

The Oklahoma Department of Mental Health and Substance Abuse Services responded to our request for comment with a statement that reads:

"ODMHSAS remains committed to transparency and regular communication, and the Commissioner and her leadership team continue to provide updates on the progress to both the Legislature and the Executive Branch."