Nevada Faces $447,000 Penalty for Delays in Mental Health Care for Defendants
The state of Nevada is set to pay $447,000 in fines due to delays in providing necessary mental health care for criminal defendants in Clark County. This development highlights ongoing challenges in meeting court-ordered deadlines for transferring defendants to mental health facilities.
According to legal requirements, defendants deemed unfit for trial should be moved to a mental health facility within seven days of a court order. However, Nevada has struggled to comply with this timeframe, primarily due to a shortage of mental health facilities.
In response to these delays, a Clark County judge imposed a daily fine of $500 for each prolonged transfer. Over the past year, 32 such orders have been issued, culminating in the $447,000 penalty.
The state’s difficulties in timely mental health care provision have resulted in $1.4 million in fines over the last two years. A significant portion of this amount, $753,500, was accrued last year in Washoe County as reported by The Nevada Independent.
The Board of Examiners, which includes the governor, attorney general, and secretary of state, recently approved the payment without discussion. The Division of Public and Behavioral Health, tasked with linking defendants to treatment, did not offer any comments. The payment awaits final approval from the Interim Finance Committee (IFC), which handles financial decisions when the Legislature is not in session. The funds will be directed to Mojave Mental Health, affiliated with UNLV.
The ongoing fines underscore Nevada’s challenges in providing timely care for defendants unable to stand trial. The issue has a long history, dating back to 2005, when a lawsuit was filed against the department for failing to transport a defendant to a treatment center. Efforts to halt the fines were overruled by the Nevada Supreme Court in 2023 as affirmed by court decisions.
During a December court hearing, attorneys for the public health agency claimed the agency’s budget did not cover these fines. They suggested seeking additional funds from the IFC outside the legislative session. District Court Judge Christy Craig expressed concerns about the persistent delays despite efforts to reduce wait times. Craig noted efforts such as placing individuals in nursing facilities, hiring staff to divert certain defendants, and renovating mental health facilities to increase capacity. Additionally, mental health programs are being introduced in detention centers.
The agency’s new budget includes $17.6 million for 21 additional beds in Southern Nevada and 53 new positions related to criminal defendant care. Plans are also underway for a new mental health treatment facility in Southern Nevada, anticipated to open in 2029.
Judge Craig remarked, “It seems as if it’s just become a kind of a cost of doing business — that sanctions are going to be imposed and that the division is going to pay them. I recognize that the division is attempting to do things to try to ameliorate the problem of the failure to promptly transport, but it has been 20 years of these issues.”
While treatment wait times reportedly decreased as of last February, more recent data was not provided. Craig highlighted the adverse effects of delays, citing a case where a man awaiting mental health care in jail incurred an additional charge. “Incapacitated criminal defendants suffer from various harms while they languish in facilities that are not equipped to treat them while awaiting transport,” Craig stated. “These harms include worsening of their mental illness, bodily harm, and even death.”
___
This article was adapted from a report originally published by The Nevada Independent and shared through a partnership with The Associated Press.
