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Senate adopts measure approving consent decree with state mental-health department
Summary
The Oklahoma Senate advanced and adopted a House concurrent resolution related to a consent decree resolving claims against the Department of Mental Health and Substance Abuse. Senators debated enforcement timelines and estimated attorney fees before adoption by voice vote.
The Oklahoma Senate adopted House Concurrent Resolution 1,004, a measure tied to a consent decree resolving claims against the Oklahoma Department of Mental Health and Substance Abuse.
Senator Resino explained that the measure reflects an agreement among the attorney general, the governor, the state department of mental health and the plaintiffs and said the consent decree provides for specified reforms and timelines. "This is the consent decree that we've heard so much about," Resino said on the Senate floor.
Senator Goodwin asked what enforcement tools the Legislature or state would have to ensure the changes occur, asking, "What measurement tool do we have as a legislative body to ensure that these improvements will take place?" Resino and other supporters said the decree sets deadlines and benchmarks: some requirements must be met within 90 days, others within 120 days, and additional obligations within 12 months.
Resino told senators the agreement is intended to provide "equitable relief in the form of changes to the system" and said plaintiffs' attorneys had not asked for remedies beyond those spelled out in the decree. When asked about costs already incurred for litigation, Resino said the state had not yet entered the consent decree and provided an estimate for attorney fees of about $339,535.
Senator Kurt spoke in favor of adopting the measure, calling it "clearly overdue" and arguing that it could reduce longer-term costs by improving community behavioral-health responses and reducing incarceration for people who need treatment.
Senator Rosino closed debate. The measure was adopted by voice vote; the chair declared the resolution advanced and adopted.
The resolution authorizes the state to move forward with the consent-decree implementation process; it does not itself create statutory changes but reflects agreement terms to be carried out by the named parties. The resolution drew questions about monitoring and financial exposure, and senators asked that the specified benchmarks and cost estimates be made available to members.
