Kansas agrees to increase hospital beds for mentally ill defendants

TOPEKA, Kan. — Kansas has promised to provide more hospital beds for mentally ill criminal defendants to settle a federal lawsuit filed over defendants waiting months for evaluations of whether they were fit for a trial.

The agreement between state officials and representatives of five defendants requires the state to “use its best efforts” to open a new psychiatric hospital by January 2027 in Wichita, the state's largest city. Officials also must seek funding from the Kansas Legislature to reopen a previously closed 30-bed unit at its psychiatric hospital in Larned in western Kansas, about 130 miles (209 kilometers) northwest of Wichita.

The agreement was announced this week by the two groups pursuing the lawsuit, the American Civil Liberties Union of Kansas and the National Police Accountability Project, based in the Seattle area. The groups sued in 2022 on behalf of attorneys for four defendants and the mother of a fifth. The accused were identified only by their initials.

The state operates two psychiatric hospitals, but only the one in Larned has a unit for evaluating whether mentally ill criminal defendants can understand their cases and participate in their own defense. Since the COVID-19 pandemic, Larned State Hospital has had fewer than 80 beds for defendants awaiting evaluation.

The state Department for Aging and Disability Services, which runs the Larned facility, acknowledged before the lawsuit was filed that defendants were waiting an average of about 11 months to be evaluated. The lawsuit said defendants remained in county jails that weren't providing adequate treatment, making the inmates' conditions worse and violating their rights. The lawsuit also said the state was violating the federal Americans with Disabilities Act by discriminating against people with mental health problems.

“This settlement is more than a legal agreement; it’s a lifeline for those who have been lost in the system, a promise that their dignity and humanity will no longer be ignored,” said Lauren Bonds, the police accountability group's executive director.

One of the five defendants covered by the lawsuit had been held in a county jail for 13 months facing criminal threat charges when the lawsuit was filed. That's longer than the maximum prison sentence for a conviction on that charge.

“Remaining in the jail environment is devastating and deeply harmful even for those whose mental health is not in question, and condemning Kansans to languish across the state in their county jails was contradictory to our values of justice," said Monica Bennett, the ACLU of Kansas' legal director.

State officials argued that they already had been addressing the long waits. The state began having Larned State Hospital officials operate a mobile evaluation unit in 2019; and in 2022, the Legislature passed a law to allow other qualified hospitals and organizations to examine criminal defendants.

The state and Wichita's home county hope to start construction early next year on a secure, $101.5 million psychiatric hospital with 104 beds, half of them set aside for the state. Federal COVID-19 relief dollars provided part of the funding.

KDADS spokesperson Cara Sloan-Ramos said the department and Gov. Laura Kelly are committed to reducing wait times.

Republican state Rep. Stephen Owens, chair of the House committee handling criminal justice issues, was pleased that the state could settle the lawsuit.

“We’ve certainly been aware of this issue and have been working on solutions," Owens said Tuesday.