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Utah lawsuit on jail mental health backlog to go forward, US appeals court says

By Mark Shenefelt, Standard-Examiner Staff - | Nov 9, 2016

The U.S. 10th Circuit Court of Appeals in Denver has refused to hear the state of Utah’s effort to stall a class action lawsuit filed over a backlog in mental health treatment for criminal suspects in county jails.

The Utah Attorney General’s Office asked the appeals court to hear its challenge of U.S. District Judge Robert Shelby’s ruling that certified the Disability Law Center’s suit as a class action.

Without explanation, the appeals court on Monday, Nov. 7, issued a brief order denying the state’s petition. The case now returns to Salt Lake City federal court for preparation for trial.

Because of a persistent backlog at the Utah State Hospital, people judged to be mentally incompetent to stand trail are stacked up in county jails awaiting treatment to restore their competency, the Disability Law Center said in its suit filed in September 2015.

In a memorandum decision Sept. 27, 2016, Shelby agreed to certify the case as a class action, finding that dozens of mentally ill criminal suspects are held in county jails around Utah waiting for competency restoration treatment. Earlier, he dismissed a motion by the state that sought to have the case dismissed.

While state law sets out a process for treating suspects so their competence may be restored and they can go to trial, “this procedure does not appear to be working,” Shelby wrote.

Wait times have tripled in three years, increasing to 180 days for a defendant to get into the state hospital at Provo, the Disability Law Center said. Sometimes more than 50 such defendants are kept at county jails.

As of late September, 41 inmates judged mentally incompetent by Utah district judges were in county jails, including six in Weber County and one in Davis, Disability Law Center attorney Aaron Kinikini said. Updated numbers were not immediately available as of about 2:45 p.m. Wednesday, Nov. 9.

The Disability Law Center contends the delays are an unconstitutional violation of the defendants’ civil and due process rights.

You can reach reporter Mark Shenefelt at mshenefelt@standard.net or 801 625-4224. Follow him on Twitter at @mshenefelt and like him on Facebook at www.facebook.com/SEmarkshenefelt. 

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