A new federal lawsuit claims Missouri is failing people with serious mental illness and disabilities who are stuck in jail waiting for a trial.
Nearly 500 people are behind bars in Missouri awaiting a mental health evaluation to determine if they are competent to go on trial.
The suit, filed by three agencies including the ACLU of Missouri, says the State Department of Mental Health isn’t meeting its legal duty to provide timely treatment for those deemed incompetent to stand trial.
Gillian Wilcox, Director of Litigation at the ACLU of Missouri, told Missourinet that state law requires competency evaluations to happen within 60 days of a court order.
“And that’s just simply not happening in this case,” said Wilcox. “You cannot leave a person on average for 14 months after they’ve been deemed incompetent before receiving any treatment.”
The lawsuit was filed by the MacArthur Justice Center, ArchCity Defenders, and the ACLU of Missouri.
“These are individuals, many of whom now will sit in jail not receiving treatment for longer than they would have been in jail had they either been convicted of or pled guilty to the crimes that they’ve been charged with,” said Wilcox.
Wilcox told Missourinet that she believes this has been going on for at least five years.
“At a minimum, in September 2021, there were 106 individuals in jail waiting for services, and by October of 2025, we’re at nearly 500,” said Wilcox. “And they (Dept. of Mental Health) have acknowledged the growing list and they have acknowledged that they don’t have the resources. But you have a constitutional duty to provide this, and you have to figure out a way to do it.”
The Department of Mental Health told Missourinet it cannot comment on pending litigation.
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