Any person who has been or will be charged with a crime in Oklahoma state court, declared incompetent to stand trial by the state court, and is incarcerated in a county jail or similar detention facility awaiting court-ordered competency restoration services to be provided by the Department will be affected by a proposed settlement.

There is a proposed settlement of claims made under 42 U.S.C. § 1983, the due process clauses of the Fourteenth Amendment to the United States Constitution, and Article 2, Section 7 of the Constitution of the State of Oklahoma, and Title II of the Americans with Disabilities Act, 42 U.S.C. § 12132.

What is the issue in the lawsuit?

The lawsuit, styled Briggs, et al. v Allie Friesen, et al., Case No. 4:23-cv-00081-GKF-JFJ, pending in the United States District Court for the Northern District of Oklahoma, claims that the Commissioner of the Oklahoma Department of Mental Health and Substance Abuse Services (“Department”) and the Executive Director of the Oklahoma Forensic Center (OFC), located in Vinita, Oklahoma, failed to provide timely court-ordered competency restoration treatment to persons charged with a crime in Oklahoma state court and who are incarcerated in county jails, or similar detention facilities, throughout the State.

Who is included?

A Class Member is any person who has been, or will be, charged with a crime in Oklahoma state court, declared incompetent to stand trial by the state court, and is incarcerated in a county jail or similar detention facility awaiting court-ordered competency restoration services to be provided by the Department.

What is the proposed settlement?

The Plaintiffs and the Defendants have reached a proposed settlement agreement that, if accepted by the Court, would result in a “Consent Decree” being entered by the Court. The Consent Decree will resolve all of Plaintiffs’ claims in the lawsuit. The purpose of the Consent Decree is to reform and improve the Department’s delivery of competency evaluations and timely restoration treatment to Class Members, including significantly reducing the amount of time Class Members wait to receive competency restoration treatment while locked up in jail. For a detailed description of the resolution provided by the Consent Decree, see FAQ 3.

The Consent Decree will not impact your rights, defenses and arguments in your state court criminal case. The Consent Decree only deals with improving the Department’s timely delivery of competency evaluations and restoration treatment

When will the Court decide whether to approve the proposed Settlement?

The Final Approval and Fairness Hearing will be held on January 15, 2025, at 9:30 a.m., in Courtroom 3 of the Boulder Building, 224 S. Boulder Ave., Tulsa, Oklahoma 74103.