NEWS

State hospital has no policy limiting court evaluations

Mark Walker
mwalker@argusleader.com
County and court officials said they have been told that the South Dakota Human Services Center in Yankton has a policy that caps the number of mental health competency evaluations at three per month.

South Dakota's state mental health hospital has no written policy limiting the number of mental competency evaluations it performs for the court system.

County and court officials say they have long been told the Human Services Center in Yankton has a policy that caps the number of exams at three per month.

The facility's refusal to conduct more evaluations has contributed to long delays for mentally ill defendants, who are routinely waiting months behind bars before trial.

Argus Leader Media requested a copy of the three-per-month policy and was told it doesn’t exist.

“The Department of Social Services does not have a specific policy for forensic evaluations at the Human Services Center,” said Tia Kafka, a spokeswoman for the Department of Social Services, in response to the request.

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Kafka described the monthly cap as a longstanding practice but was not able to say how long it had been in place. She also said it has nothing to do with staffing levels.

“Honestly, it sort of makes me shake my head,” Minnehaha County Commissioner Cindy Heiberger said. “If this is just their practice, is there some wiggle? If it’s not staffing, why do only three?”

A state task force is expected to take up the issue of mental health in the courts early next year following an Argus Leader Media investigation into long scheduling delays for court-ordered competency evaluations, which are required whenever there are questions about the role a mental illness played in a defendant's actions.

State officials have said the Human Services Center’s mission is to provide in-patient treatment, not to perform competency evaluations.

Phyllis Arends, executive director of NAMI Sioux Falls, said she understood the cap on competency evaluations was a formal policy. She said state government needs to take more responsibility for protecting the rights of those who suffer from a mental illness.

“We need to stop passing the buck,” Arends said.

In the past, Human Services Center conducted all of the evaluations needed in the state, according to Minnehaha County Sheriff Mike Milstead. It wasn’t until recently, he said, that talks of cap surfaced.

“I don’t know who made the decision to go to three a month for the whole state, but I know it has been very troublesome,” Milstead said.

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Pennington County Public Defender Eric Whitcher said whether the cap is a policy or practice doesn’t matter because people are still sitting in jail. What bothers him is the department's claim that the cap has nothing to do with staffing.

“We have people who sit in jail for absolutely no reason other than a practice not rooted in staff shortage?” Whitcher said. “If they are just going to do three no matter what their staffing level is, then that is bureaucracy at its worst.”

Minnehaha County Commissioner Jeff Barth said the Human Services Center can no longer avoid being part of the solution.

“The needs of our people are not being met and if they are willfully holding back on doing their duty, then I’m very disappointed,” Barth said.

Follow reporter Mark Walker on Twitter @ArgusMWalker.