Commissioner Friesen Discusses Concerns of Proposed Consent Decree before the Contingency Review Board

Commissioner Allie Friesen of the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) appeared before the Contingency Review Board on Wednesday to discuss the proposed consent decree concerning jail-based competency services in the case Briggs v. Slatton-Hodges. The meeting, held to ensure compliance with 51 O.S. section 200, was attended by members of the Contingency Review Board. Although invited, Attorney General Drummond did not attend.

Commissioner Friesen expressed substantial concerns about the proposed consent decree, noting that the settlement could initially require up to $142 million, with ongoing expenses potentially reaching tens of millions annually with no foreseeable end.

“This decree would remove our ability to provide access to jail-based competency restoration services to the 75 out of 77 counties that fall outside of the pilot programs outlined in the decree,” Friesen explained. “It also means we would have to cut other core programs and services for all populations.”

Friesen also highlighted that the decree could undermine ODMHSAS’s ongoing improvement efforts to address the issues brought forth in the case. Since January of 2023 there have been 216 lives restored to competency through jail-based competency restoration and the number continues to grow. Friesen criticized the proposed settlement's significant financial impact, noting conservative estimates show the settlement will initially require $96 million, with ongoing expenses potentially reaching tens of millions of dollars annually. “The decree’s terms would force us to build and maintain hundreds of new forensic beds, despite evidence showing that only 0.01% of the population needs them,” she said.

“Commissioner Friesen has worked tirelessly to improve mental health outcomes, and I’m proud of the progress we’ve seen at the agency and for individuals impacted across the state,” Said Governor Stitt. “This isn’t a zero-sum game. We can—and must—care for those in our justice system who are struggling with mental health conditions and protect Oklahoma taxpayers.”

The Board voted to notify the judge of their concerns so that they are included in his consideration. Both Governor Stitt and Commissioner Friesen are committed to finding a solution that aligns with the state’s needs and protects taxpayer resources.

The letter sent by the Contingency Review Board to Judge Frizzell can be found here.