The parties in the Trueblood case have reached a settlement agreement, subject to court approval. The intent of the settlement agreement is to provide for systemic reforms of the competency evaluation and restoration services system, but also focuses on arrest diversion and community-based supports for people with mental illness. Cities are particularly challenged by chronically ill individuals for whom long-term care services simply do not exist. As a result, these individuals end up on our streets and often cycle in and out of contact with local law enforcement and the criminal justice system.
After a 2015 trial in A.B. by and through Trueblood et. al. v Washington State DSHS (Trueblood), the federal court ordered the Washington State Department of Social and Health Services (DSHS) to move individuals facing criminal charges out of jail and into treatment facilities within seven or fourteen days when they are eligible for competency evaluation and restoration services. Demand for these services continues to rise and people with serious mental illness worsen as they wait in jail for their competency evaluation. The court has since found DSHS in contempt and imposed tens of millions of dollars in monetary sanctions based on DSHS’s ongoing failure to comply with the court’s orders.
Demand for these services continues to rise and people with serious mental illness worsen as they wait in jail for their competency evaluation.
All people charged with a crime have the constitutional right to assist in their own defense. If a court believes a mental disability may prevent someone from assisting in their own defense, the court puts the criminal case on hold while an evaluation is completed to determine the person’s competency and whether they need treatment to restore competency. DSHS has the obligation under state law to provide these competency evaluation and restoration services.
The agreement requires the state to make changes in five substantive areas:
- Competency evaluations
- Competency restoration services
- Crisis triage and diversion support
- Education and training
- Workforce development
The reforms will roll out in phases. Phase one corresponds to the 2019-2021 budget biennium and will roll out in the Pierce, Southwest, and Spokane region. Phase two will roll out in the King County region in 2021-2013. Phase three will roll out in 2023-2025 and will focus on improvements to the phase one and two regions and potential expansion into other high-referral regions. The need for additional phases will be determined.
More information and the agreement can be found on DSHS’s website and the website of advocacy group Disability Rights Washington.
If the court grants preliminary approval of the agreement, the public will have an opportunity to comment on the settlement agreement before the court holds a fairness hearing. At the fairness hearing, the court makes a decision about whether to grant final approval of the settlement.
AWC held a discussion on the proposed settlement agreement in June between members, the Governor’s Office, and DSHS. We appreciate the conversation on these important issues and that all parties are working to understand the impact on cities. Our feedback on the proposed settlement agreement included what we believe is critical to address this crisis – permanent supportive housing for people facing persistent behavioral health challenges, including those who are in or could find themselves in the Trueblood class. The agreed settlement recognizes that temporary housing is unstable, and it includes elements that focus on securing housing for the chronically ill.
AWC will continue to engage in this process until the court grants final approval. As always, we are interested in hearing from cities as to whether you think this settlement agreement will address the problems you see in your community.