North Carolina Disability Rights has filed a lawsuit against the state’s Department of Health and Human Services in federal court, alleging that long waits for mental health care in jails and prisons violate the civil rights of incarcerated individuals. The lawsuit highlights one specific case involving Devonte Watson, who was found to lack mental capacity to assist in his defense after being incarcerated for assaulting a law enforcement officer in 2022. Despite state law requiring him to receive care in order to move his case forward, Watson spent an average of nearly five months waiting for a bed at a psychiatric hospital.
The lawsuit argues that the long waits for mental health care not only violate the civil rights of those with mental illness but also contravene the Americans with Disabilities Act and the Rehabilitation Act. One key factor identified in the complaint is the lack of available beds in North Carolina’s psychiatric hospitals, which results in defendants with mental disabilities waiting an average of nearly five months to be placed in a facility.
The Department of Health and Human Services has acknowledged that current wait time for a bed is approximately 159 days, or just over five months, and has implemented measures to address the issue. For example, a ten-person restoration unit has been established in Mecklenburg jail, with plans for another unit to begin operating soon in Wake County. The American Civil Liberties Union (ACLU) has also joined the lawsuit, urging a federal court to compel the state to develop a plan to decrease wait times for mental health care services.
The WFAE series “Fractured” explored extended waits for mental health services in North Carolina’s criminal justice system, highlighting how these delays can result in serious harm and even death to those who are unable to receive timely treatment. The series drew attention to how long wait times can impact individuals’ ability to access other necessary resources such as housing, education and employment opportunities. It also highlighted how these delays can have long term consequences on their lives and well-being after they are released from prison or jail.
Overall, this lawsuit brings attention once again to an issue that affects many individuals within North Carolina’s criminal justice system. It emphasizes on the need for more resources and funding towards providing adequate mental healthcare services not only as it is crucial not only for those currently incarcerated but also it is important for them reintegrating back into society successfully.
