In North Carolina, a legal battle is underway between disability rights groups and the state’s Department of Health and Human Services (DHHS) over the extended delays in receiving mental health care for incarcerated individuals. The lawsuit was prompted by the case of Devonte Watson, who was found to lack the mental capacity to participate in his defense after being incarcerated for assaulting a law enforcement officer in 2022. Despite state law mandating that he receive care in order to proceed with his case, Watson spent an average of nearly five months waiting for a bed at any of North Carolina’s three psychiatric hospitals.
The complaint by North Carolina Disability Rights argues that these prolonged waits for mental health care are a violation of the civil rights of individuals with mental illnesses. It also alleges that these delays breach the Americans with Disabilities Act and the Rehabilitation Act. The lawsuit points to a lack of available beds for individuals with mental disabilities as a contributing factor to the delays. Since 2022, defendants have been waiting an average of nearly five months to be placed in any of North Carolina’s three psychiatric hospitals.
The Department of Health and Human Services acknowledges that the current wait time for a bed is 159 days, just over five months, and is taking steps to address the issue by establishing in-jail restoration units in Mecklenburg and Wake counties. The ACLU has joined the lawsuit, urging the federal court to compel the state to develop a plan to reduce wait times for mental health care. By bringing attention to these challenges, advocates hope to improve access to timely and appropriate mental health services for incarcerated individuals in North Carolina.