DURHAM, N.C. - The ACLU of North Carolina and Disability Rights North Carolina have filed several new motions in a lawsuit against the North Carolina Department of Health and Human Services (DHHS) seeking relief for disabled pre-trial detainees held in NC jails while awaiting capacity evaluations and treatment.
The initial lawsuit, filed in April 2024 in the U.S. District Court for the Middle Strict of North Carolina, alleges that DHHS is failing to provide timely evaluations to determine whether detainees have the mental capacity to stand trial on their charges. Currently, people detained in jail wait more than two months on average for an evaluation.
During that time, many people with mental health or cognitive disabilities remain incarcerated without adequate treatment which can worsen their conditions.
If individuals are determined to be “incapable to proceed” (ITP), meaning they cannot stand trial due to their mental state, they often wait more than five months for a bed at a state-operated psychiatric hospital. There, clinicians can provide necessary treatment intended to “restore” that person’s capacity to stand trial.
According to the lawsuit, some people are spending more time in jail waiting for evaluation or restoration services than they would have served if they were convicted of their pending charges and given the maximum possible sentence. The lawsuit also alleges that these wait times are significantly longer than many other states.
On March 16, Plaintiffs filed motions to amend their complaint and to request to proceed as a class action, meaning the Plaintiffs would serve as representatives on behalf of everyone affected by these prolonged wait times. The request for class certification is being led by four mothers who are filing on behalf of their sons. Each of these mothers has fought, often for years, to help their sons access services for mental health disabilities.
The amended complaint includes new information concerning the passage of House Bill 307 in 2025 and its impact on ITP detainees. HB307 amends several provisions of state law concerning pretrial release and involuntary commitment procedures.
The amended complaint alleges that H307 will substantially harm people who are detained while waiting for evaluation in three critical ways:
- Authorizing the continued detention of people awaiting evaluation even after they have served the maximum possible sentence for their pending charges.
- Requiring courts to order involuntarily commitment examinations at the time of arrest in some circumstances. Increasing the number of individuals subject to mandatory involuntary commitment examinations will add to an already unacceptably long wait list.
- Adding a step to the release requirements for people held in 24-hour psychiatric facilities.
The lawsuit seeks relief for the named plaintiffs and all others across North Carolina who are negatively impacted by lengthy pretrial detention related to mental health evaluations and services.
“The conditions people with severe mental health disabilities face in our jails are untenable,” said ACLU of North Carolina Staff Attorney Michele Delgado. “They are languishing for months before they even stand trial, even though they are presumed to be innocent under the law. The recent passage of HB307 will only worsen these unconstitutional policies. Our clients deserve help and treatment, not detention and punishment.”
You can read the updated complaint below.
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Disability Rights NC v. NC DHHS
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