Forced to Wait: North Carolina’s Mental Health Care Crisis in Correctional Facilities

In a legal battle for the rights of incarcerated individuals with mental illnesses, North Carolina Disability Rights filed a lawsuit against the state’s Department of Health and Human Services in federal court. The complaint alleges that extended delays in receiving mental health care for incarcerated individuals violate their civil rights.

The case of Devonte Watson served as the catalyst for this lawsuit. Watson 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 600 days in a Cleveland County jail before being admitted to a state psychiatric hospital.

The complaint by North Carolina Disability Rights argues that 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. Watson’s case was highlighted in a WFAE series called “Fractured,” which shed light on the issue of lengthy wait times for mental health care in correctional facilities.

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 American Civil Liberties Union (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.