TOPEKA, Kan.
Kansas has committed to increasing hospital capacity for mentally ill criminal defendants as a resolution to a federal lawsuit that highlighted the lengthy wait times for competency evaluations prior to trial.
In a settlement reached this week, state representatives are required to exert maximum effort to establish a new psychiatric hospital in Wichita by January 2027, which is the largest city in the state. Additionally, they must pursue funding from the Kansas Legislature for the reopening of a previously closed 30-bed unit located at a psychiatric hospital in Larned, positioned about 130 miles (209 kilometers) northwest of Wichita.
The agreement was made public by the organizations involved in the lawsuit, which include the American Civil Liberties Union of Kansas and the National Police Accountability Project from Seattle. The legal action was initiated in 2022 on behalf of four defendants, whose attorneys, along with the mother of a fifth defendant, termed the accused only by their initials.
Kansas currently operates two psychiatric facilities, with Larned being the only one that offers assessments to determine the competency of mentally ill criminal defendants. Since the onset of the COVID-19 pandemic, Larned State Hospital has had less than 80 beds available for such evaluations, which has been a significant bottleneck in the legal process.
Before the lawsuit was lodged, it was acknowledged by the state Department for Aging and Disability Services that individuals awaiting evaluation faced an average wait time of around 11 months. The lawsuit contended that many of these defendants remained in county jails that failed to provide appropriate treatment, worsening their mental health conditions and infringing upon their rights. Furthermore, it asserted that the state was in violation of the Americans with Disabilities Act through its discriminatory practices against individuals suffering from mental health issues.
“This settlement signifies more than just a legal agreement; it’s a critical lifeline for those who have been overlooked in the system, reaffirming that their dignity and humanity will now take precedence,” stated Lauren Bonds, the executive director of the police accountability group.
One of the defendants addressed in the lawsuit endured a staggering 13 months in a county jail awaiting trial on criminal threat charges, which exceeded the maximum sentence for such a conviction.
“Being confined in a jail setting is profoundly damaging, even for individuals without any mental health concerns, and forcing residents of Kansas to languish in county jails contradicts our fundamental principles of justice,” remarked Monica Bennett, legal director of the ACLU of Kansas.
State authorities have contended that they have been actively working on reducing the long waits prior to the lawsuit. Beginning in 2019, officials from Larned State Hospital were deployed to operate a mobile evaluation unit. Additionally, in 2022, the state legislature enacted a law permitting other accredited hospitals and organizations to conduct evaluations for criminal defendants.
There are plans for the state and the local county in Wichita to commence construction on a secure psychiatric facility valued at $101.5 million, featuring 104 beds, with half allocated for the state’s use. Funding for this development includes a contribution from federal COVID-19 relief resources.
Cara Sloan-Ramos, a spokesperson for the Kansas Department for Aging and Disability Services (KDADS), expressed the department’s dedication, alongside Governor Laura Kelly, to minimize the wait times for evaluations.
Republican State Representative Stephen Owens, who chairs the House committee overseeing criminal justice matters, expressed satisfaction with the resolution of the lawsuit.
“We have been aware of this concern and have actively sought solutions,” Owens commented this Tuesday.