Incompetent and Stuck in Jail—and the Sheriff’s on the Hook
Defendants who may be incompetent to stand trial continue to wait months for evaluation and restoration services—sometimes longer than the maximum sentence for their alleged offense. This practice can result in unconstitutional delays, higher costs for county jails, and adverse outcomes for individuals with serious mental illness.
Federal class-action lawsuits are being launched nationwide. These lawsuits target sheriffs and individual staff within the jail, especially in cases where individuals awaiting forensic services suffer health complications during their stay. Many sheriffs feel unequipped to handle the unique medical and behavioral health needs of these individuals whom, in some cases, make up to 10% of the overall jail population.¹ It is not uncommon for these individuals to be physically and mentally ill, and potentially dangerous to themselves, other detainees, and officers.
Freedom Behavioral Health (FBH) is ready to partner with counties and agencies to provide needed forensic services such as:
Competency Evaluations: A state-authorized forensic evaluator conducts a competency evaluation to determine whether an individual has the knowledge and understanding needed to participate in their legal proceedings. Many states are able to designate qualified forensic examiners to conduct competency evaluations on an outpatient basis, including in the community or in detention facilities, so that evaluations are not delayed by state hospital bed shortages.
Competency Restoration Services: When an individual is not found competent to stand trial, treatment is needed to restore their competency before their case can progress. States may also designate qualified entities to provide restoration services on their behalf.
FBH is led by Dr. Melissa Caldwell, Chief Behavioral Health Officer. A clinical-forensic psychologist with 34 years of experience in corrections, including prior service as a corrections officer, Dr. Caldwell assists facilities with the qualified personnel to provide both competency evaluations and restoration services in jails. Request services or more information at melissa.caldwell@freedom-bh.com.
About Freedom Behavioral Health
Freedom Behavioral Health, Inc. takes pride in setting the standard for high-quality behavioral health care for individuals, facilities, and the professionals who work with acute and high-risk populations. Clinical services include correctional behavioral health, discharge planning and diversion, recidivism reduction, PREA victim advocacy, and comprehensive addiction recovery. Expert Services include forensic evaluation for the courts—including competency to stand trial, criminal responsibility/NGRI assessments, and sex offender risk evaluations—as well as expert witness testimony, suicide-preventative architectural consultation, and accreditation and standards-compliance auditing. As an industry leader, FBH also provides fit-for-duty evaluations, occupational healthcare, and professional training. Learn more at freedom-bh.com.
1. Darrington v. Missouri Department of Mental Health, No. 2:25-cv-04268-WJE (W.D. Mo. Nov. 24, 2025). Plaintiffs’ Second Amended Class Action Complaint for Injunctive and Declaratory Relief.