Watch CBS News

ACLU Files Class Action Lawsuit On Behalf Of Individuals In PA Found Incompetent To Stand Trial

PHILADELPHIA (CBS) -- The ACLU filed a class action lawsuit on behalf of hundreds of people in Pennsylvania with severe mental illness awaiting court ordered mental health services known as competency restoration treatment.

The wait time may be the longest in the nation.

When people are charged with a crime sometimes they are found to be incompetent to stand trial.

"So they don't understand the nature of the proceedings they can't assist in their defense," says Vic Walczak, legal director for the ACLU of Pennsylvania.

And what typically happens, Walczak says, is the judge refers them to competency restoration treatment at one of only two state forensic hospitals.

"Which is a combination usually of medications, group and individual therapy and instruction in court procedures. The hope is they can be restored to competence; if they can then they stand trial on charges, if not then they have to either be released or civilly committed."

Walczak says the focus of this lawsuit is on the delays that occur between the time of the court order for the treatment and when the facility is able to accept them because of lack of bed space.

In eastern Pennsylvania, including Philadelphia, he says the delays are up to one to two years.

"And you got federal courts in other states saying that delays over seven days are unconstitutional."

Walczak says there are 11 representative plaintiffs in the suit. If there is a favorable court decision he says it will then extend to everyone in a similar situation.

He says there are about 200 on the current waiting list to get into the hospitals.

View CBS News In
CBS News App Open
Chrome Safari Continue
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.