Indiana FSSA Sued Over Long Waits For Competency Restoration

On May 8, 2022, the American Civil Liberties Union of Indiana (ACLU-IN) sued the Indiana Family and Social Services Administration (FSSA), alleging that the state fails to provide timely competency restoration services to offenders. Criminal defendants who lack the capacity to stand trial have waited in jail for months before being admitted to the FSSA Division of Mental Health and Addictions (DMHA) competency restoration services. The plaintiffs allege that the long wait times violate the individual’s due process rights, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act. While waiting in jail, these individuals . . .