Delayed and Denied: North Carolina’s Failure to Provide Adequate Mental Health Care to Incarcerated Individuals

In a federal court, North Carolina Disability Rights has filed a lawsuit against the state’s Department of Health and Human Services, accusing it of violating the civil rights of individuals with mental illnesses by causing extended delays in receiving mental health care while incarcerated. The case was prompted by the tragic incident involving Devonte Watson, who was found to be mentally incapable of participating in his own defense after being sentenced to assault an officer in 2022. Despite state law mandating that he receive mental health care before proceeding with his case, Watson spent over 600 days in a Cleveland County jail before being admitted to a psychiatric hospital.

The lawsuit alleges that prolonged waits for mental health care are a violation of the civil rights of individuals with mental illnesses, as well as breaching both the Americans with Disabilities Act and the Rehabilitation Act. The WFAE series “Fractured” highlighted Watson’s case and shed light on the issue of lengthy wait times for mental health care in correctional facilities.

The complaint argues that a lack of available beds for individuals with mental disabilities is one of the primary reasons behind these 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 this issue and is taking steps to address it by establishing in-jail restoration units in Mecklenburg and Wake counties.

The American Civil Liberties Union (ACLU) has joined forces with North Carolina Disability Rights to push for change. The ACLU is urging the federal court to force 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.