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The Department of Social and Health Services has achieved a milestone in its effort to transform Washington's behavioral health system and reduce demand for competency services: There are currently zero Trueblood class members in jail waiting more than seven days for evaluation and restoration services.

This is a milestone several years in the making, as the state has invested over $2 billion in expanding inpatient bed capacity for forensic competency restoration services and enhancing competency programs. In 2023, we took a major step by acquiring a 100+ bed hospital in Tukwila, and we’re in the process of opening multiple residential treatment facilities, including planned construction on a brand new 350-bed hospital in Pierce County.

In 2016, Washington was in the midst of a mental health crisis. The demand for all forms of mental health services, including competency evaluation and restoration services far outweighed what was available. In response to the increase in demand, the Washington Department of Social and Health Services began working to grow capacity so people who experience mental illness and await competency evaluations and restoration services while incarcerated receive them in a timely manner and in an appropriate setting.

To the extent that forensic services lag, several factors influence the availability of forensic services, including dramatic increases in overall referrals for competency restoration services. Over the past seven fiscal years, inpatient evaluations and competency restoration services have increased 87%. Further, there was a 25% increase in inpatient referrals in the course of a single fiscal year, from 2015 to 2016, and another 33% increase from fiscal year 2016 to 2017. 

Trueblood v. DSHS lawsuit

The Trueblood v. DSHS lawsuit filed in 2014 challenged unconstitutional delays in competency evaluation and restoration services for people detained in jails. Generally, if a court believes a mental disability may prevent a defendant from assisting in their own defense, the criminal case is put on hold while an evaluation is completed to determine the defendant’s competency. If the defendant is found competent, they are returned to stand trial. If the person is deemed not competent, the court can order the defendant to receive services to restore competency. 

The state is ordered to provide competency evaluations within 14 days and competency restoration services within seven days of court orders and is fined by the court when those deadlines are not met. The state worked with Disability Rights Washington to develop a Contempt Settlement Agreement, which established a plan for providing services to people involved in the criminal court system and for providing treatment so they are less likely to become involved in the criminal court system. This agreement is not a settlement of the Trueblood case itself, but an opportunity for DSHS to cure itself of its contempt status in federal court.

Trueblood Implementation

The percentage of timely competency evaluations can be significantly increased if fewer people with mental illness enter the criminal court system. When people get the treatment they need when they need it, they are more likely to avoid becoming entwined in the criminal court system. They are also less likely to place strains on the civil inpatient system. The Contempt Settlement Agreement supports improved access to appropriate behavioral health services that are designed to dramatically reduce the number of people entering the criminal court system — enabling the state to meet the constitutional competency evaluation and restoration services timelines.

The implementation work began with the 2018 passage of Substitute Senate Bill 5444. When this became law, it authorized the creation of the Forensic Navigator Program and Outpatient Competency Restoration Program. In addition to the creation of these programs, there are many others including multiple programs within the crisis system, the addition of 90 forensic beds, and the establishment of the jail technical assistance and workforce development programs.

In addition to the improved services for class members as a result of implementation efforts made by DSHS, the Washington State Health Care Authority, and the Criminal Justice Training Commission, more than $100 million in contempt fines have been held in abeyance by the court as of June 30, 2021.

The Trueblood Contempt Settlement Agreement includes the following plan for phasing in programs and services:

• Pierce, Southwest and Spokane regions (July 1, 2019-June 30, 2021)
• King region (July 1, 2021-30, 2023)
• Thurston-Mason, and Salish regions (July 1, 2023-June 30, 2025)

Work is underway by DSHS, the Washington State Health Care Authority, and the Criminal Justice Training Commission to ensure a smooth implementation of Trueblood-required programs in the Thurston-Mason, and Salish regions, which is the focus of Phase 3. 

Trueblood Mission, Vision and Values

For more information about implementation, or to be added to the Trueblood listserv to receive updates and information, email truebloodtaskforce@dshs.wa.gov.