The state of Nevada has so far faced more than $2 million in court-ordered fines over the past two years for its continued inability to provide timely mental health care to criminal defendants.
The latest fine of $858,000 — approved Tuesday without comment by a panel of the governor, attorney general and secretary of state — comes as treatment wait times for defendants deemed incompetent to stand trial rose earlier this year.
Defendants deemed unfit for trial are supposed to be transferred to a mental health facility within seven days of a court order, but the state has consistently failed to meet this deadline amid a shortage of mental health facilities. Last year, a Clark County judge held the state in contempt and placed sanctions of $5,000 for each day that someone is not transported to receive “prompt restorative treatment.”
The latest penalty was related to 32 orders, according to documents attached to Tuesday’s meeting of the state Board of Examiners.
The state paid a penalty of $753,000 last year and a $447,000 fine in February.
The latest penalty needs one more final approval from the state’s Interim Finance Committee, a group of lawmakers that makes financial decisions when the Legislature is not in session. The money will go to Mojave Mental Health, a clinic affiliated with UNLV.
The state’s Division of Public and Behavioral Health, which is responsible for ensuring timely mental health treatment for defendants, told The Indy last month the state has experienced “an unprecedented growth in commitments” for inpatient treatment, straining the state’s ability to provide timely care.
An agency spokesperson did not immediately respond to a request for comment Tuesday.
The state has undertaken several measures to bring down the costs, including increasing the number of beds to serve these defendants, providing mental health services in jails to people waiting for inpatient treatment and placing certain people in need of care into nursing facilities.
The state also broke ground last week on a new facility in Southern Nevada that will add about 300 beds to the state’s capacity to treat criminal defendants. It is expected to open in 2029.
Tuesday’s decision also comes a week after a Southern Nevada judge criticized the state for the continued delays, accusing officials of ignoring the issue and saying that people’s “rights are being violated.”
Laura Rich, the director of the state’s Department of Human Services, said in response that “we are all very motivated to fix this problem,” and that the agency can “only operate within the confines of the resources that we’ve been allocated.”