In a recent government meeting, David Berger from the prosecutor's office provided an update on a significant legal battle involving the State Department of Social Health Services (DSHS). Approximately one year ago, the county joined a coalition of nearly 30 counties in a lawsuit against DSHS, addressing critical issues surrounding the treatment of defendants deemed incompetent to stand trial.

The discussion centered on the legal process that occurs when a defendant is found unable to understand the charges against them or participate in their defense. In such cases, the criminal charges are dismissed, and the individual is referred to DSHS for evaluation. The law mandates that DSHS must assess whether the individual requires civil commitment for mental health treatment.

However, Berger highlighted that DSHS has been non-compliant with its obligations, particularly in admitting individuals for evaluation and notifying law enforcement upon their release back into the community. The prosecutor's office indicated that funding issues may be at the root of DSHS's failure to fulfill these responsibilities, effectively shifting the burden onto the counties.

This coalition of counties is pushing back against DSHS's actions, emphasizing the need for accountability and proper mental health care for individuals involved in the criminal justice system. The outcome of this lawsuit could have significant implications for how mental health cases are handled in the state, as well as for the resources allocated to support these individuals.