"Detainees accuse the state Office of Mental Health of flouting court orders by refusing to accept them for treatment, leaving in limbo some 100 detainees on any given day. The median wait time in 2024 was 81 days before transfer to OMH custody but delays can run much longer, according to the August 2025 class action, with 130 people that year waiting longer than 100 days. In the past few years, 11 people have waited more than six months."
"You may be right in the end, but at this point I don't see how I can dismiss the complaint, Hellerstein told state attorneys, who argued that in past cases, judges have determined that lengthy holds in custody while competency restoration services are pending do not violate due process rights. I hold that there has been a well-pleaded complaint establishing due process claims, Hellerstein said."
State health and corrections agencies are accused of leaving detainees at Rikers Island who were found unfit to stand trial waiting lengthy periods before placement for competency restoration treatment. About 100 detainees are reportedly waiting any given day. The median transfer wait in 2024 was 81 days, with 130 people waiting over 100 days and 11 waiting more than six months in recent years. A federal judge declined to dismiss due process claims against the state, finding the complaint well-pleaded. State attorneys cited efforts to add beds and speed proceedings; plaintiffs are represented by the Legal Aid Society.
Read at www.amny.com
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