Breaking the Mental Health Crisis in NC Prisons: ACLU, Disability Rights and Law Firm Sue State Agency for Neglect.

A federal lawsuit has been filed against the North Carolina Department of Health and Human Services for violating the rights of mentally disabled and mentally ill individuals who are in jail in the state. The lawsuit, brought by the American Civil Liberties Union (ACLU) of North Carolina, Disability Rights North Carolina, and law firm Arnold & Porter, alleges that the state is not providing proper evaluations and care to detainees, resulting in unfair trials where defendants may not even comprehend the charges against them.

Mentally disabled individuals are being kept in jail for extended periods without proper due process, according to the plaintiffs. They also claim that these detainees are not receiving adequate counsel to help move their cases forward. This lack of proper treatment and excessive time spent behind bars is leading to self-harm and acts of violence among the detainees.

The groups emphasize that many cases involve mentally disabled individuals who are being kept in jail for longer than necessary, with time spent waiting for trial often exceeding punishment for the alleged crimes. Even detainees who are deemed capable of standing trial are waiting an average of 68 days behind bars for an assessment to be made. Moreover, individuals who are not currently capable of standing trial could potentially become capable with proper treatment but due to overpopulation in state-operated psychiatric hospitals, this process often takes more than five months.