Judge: Nevada violating settlement to care for mentally ill inmates

A federal judge on Wednesday found Nevada to be in violation of a 2014 federal lawsuit settlement to provide prompt treatment to mentally ill inmates languishing in jail.

A state official said Nevada takes the issue seriously and will work to find a fix.

The last group of about seven court-ordered patients, who were transported to Lake's Crossing Center in Sparks, waited for treatment between 90 and 125 days, according to Clark County Deputy Public Defender Christy Craig. As of Sept. 1, the state was required to provide treatment to inmates within seven days.

Lake's Crossing is the state's only maximum-security psychiatric facility for evaluating and treating offenders to restore their competency.

The settlement phased in the time frames for the state to provide treatment. It started with 21 days, which later decreased to 14 days and then to seven days.

"They never met any of the benchmarks," Craig said. "They never came close."

During the hearing held by video conference at the U.S. District Court in Las Vegas, Judge Miranda M. Du directed state officials to work with the Clark County public defender's office to come up with a remedy within 30 days for the state to come into compliance.

That proposal may include using an independent monitor to oversee compliance.

Both sides are hoping to meet in the coming weeks, said Attorney Margaret A. McLetchie, who is working on the issue with the public defender's office.

"We want to work with them, and we want the court to work with them to find a permanent solution to this problem," she said. "They had quite some time to get this done. They haven't done it, and they need help."

If the state doesn't come into compliance, the court could impose a solution of its own, Craig said.

There's only one remedy as far as the public defender's office is concerned: The state must comply with the settlement by providing treatment to mentally ill inmates within the required seven days.

"This is about getting the people the treatment that they need and about public safety," said Clark County Public Defender Philip J. Kohn.

The public defender's office also contends that the constitutional rights of the inmates are being violated.

The state has proposed providing limited mental health services to court-ordered patients prior to their transfer to Lake's Crossing, said Chrystal Main, spokeswoman for the state's Department of Health and Human Services.

The services are "designated to alleviate the suffering of those with mental illness and assist the (Clark County) Detention Center," Main said.

The state also has added 20 beds at the Rawson-Neal Psychiatric Hospital in Las Vegas to try to ease pressure on the system.

She said state officials will work with the public defender's office to identify other possible solutions, such as jail-based competency treatment. Six states currently use that model, Main said.

The state's long-term plan is to open the Stein Hospital, which will be the equivalent to Lake's Crossing in Southern Nevada. The 47-bed facility is expected to open Nov. 15. It will take six patients the first week and grow from there, Main said.

"DHHS looks forward to continue to partner with all aspects of the criminal justice system as Stein opens and resources are maximized for this population," Main said.

But McLetchie remains skeptical. She said Nevada long has lacked the political will to adequately address mental health issues.

An independent monitor is needed to ensure state compliance and help officials develop a "plan for the future in a way that they have never been able to do," she said.

Contact Yesenia Amaro at yamaro@reviewjournal.com or 702-477-3843. Find her on Twitter: @YeseniaAmaro