Treatment delays for mentally ill inmates prompts call for release

Nevada’s continuing failure to transfer court-ordered inmates to the state’s maximum-security psychiatric facility in a timely manner has prompted the Clark County public defender’s office to file dozens of motions to dismiss charges, ranging from murder to battery, and release the inmates now languishing in jail.

The motions were filed this week in Clark County District Court on behalf of inmates who have been waiting at the Clark County Detention Center beyond the 14 days the state has to admit them to Lake’s Crossing Center in Sparks, said Clark County Deputy Public Defender Christy Craig. Under the latest federal lawsuit settlement on the issue, the state is supposed to provide treatment to mentally ill offenders within 14 days of a court order.

The public defender’s office is asking the court to dismiss all pending charges and immediately release these detainees from custody because the state is violating their constitutional rights, claim the motions. The motions are not related to the federal lawsuit, which addressed state violations.

“The state of Nevada has a duty to provide prompt restorative treatment to pretrial detainees and they have failed to do so, despite having agreed to do so in federal court,” Craig said Thursday. “As a result, the county has no choice but to release the pretrial detainees.”

All motions were filed individually and the majority are scheduled to be heard at 9 a.m. on July 31 by District Court Judge Jennifer Togliatti, who hears competency cases.

Clark County District Attorney Steven Wolfson declined to comment on the motions at this time. State officials say they are moving inmates into Lake’s Crossing every week, and have supplemented air transportation with ground transportation.

No later than Sept. 1, Lake’s Crossing is supposed to start treating inmates within seven days of receiving a court order. The state has been sued twice for the same issue in the past 10 years.

The motions said that “the (9th U.S. Circuit Court of Appeals) has been clear that a lack of funds, staff, or facilities cannot justify the state’s failure in accepting detainees and providing treatment necessary for prompt rehabilitation.”

The wait times for those involved in the motions range from 90 days to 150 days, Craig said.

“Those people are languishing,” she said. And that is happening at a “tremendous” cost to Clark County taxpayers.

It costs about $135 to house an inmate per day at the Clark County Detention Center.

According to the motions, the current delays in getting inmates into Lake’s Crossing, meet and or exceed the delays that existed at the time when the federal lawsuit was filed.

One of the inmates waiting at the detention center is Dennis Chavez Martin. He’s accused of battery on a Henderson police officer, according to court documents.

“The court found that Mr. Martin is incompetent, and that he’s dangerous to himself and to society and that commitment is required for a determination of his ability to receive treatment to competency and to attain competency,” his motion reads.

His competency order was filed May 8, but he’s not scheduled to be transported to Lake’s Crossing until Aug. 20.

“The total time in custody, from the date the order was filed and served until scheduled transfer to Lake’s is 104 days,” his motion reads. The state has violated Martin’s rights under the due process clause of the 14th Amendment of the U.S. Constitution, according to his motion.

Dr. Tracey Green, the state’s chief medical officer, said state officials are moving court-ordered inmates into the Northern Nevada facility as beds become available.

“We aren’t able to meet the 14 days (timeline) with most of our clients,” she acknowledged Thursday.

But officials are working on other solutions such as transferring detainees into a unit at Rawson-Neal Psychiatric Hospital in Las Vegas.

On Wednesday, about three inmates were transferred from Northern Nevada to Rawson-Neal, said Chelsea Szklany, deputy administrator for clinical services at the state Division of Public and Behavioral Health.

Fifteen of the hospital’s 211 beds will be used for court-ordered inmates coming from Lake’s Crossing.

Green also said a long-term goal is to open Stein Hospital, which will be a forensic unit that will be a part of Rawson-Neal, between October and November. Lawmakers approved $12.5 million to open and operate the facility.

There will be 47 beds available. The state has already started training those in leadership positions and frontline staff.

However, it won’t be able to start hiring the majority of the employees for the facility until Oct. 1.

When asked if it was likely the inmates involved with the motions would receive treatment before the motions are heard on July 31, Green said: “I don’t know that I can really give you an answer,” adding that she hadn’t seen the motions.

Contact Yesenia Amaro at yamaro@reviewjournal.com or 702-383-0440. Find her on Twitter: @YeseniaAmaro.