In brief
Fernando Clark died in a Montgomery jail cell after spending months waiting for psychiatric treatment mandated by a court. His case underscores a growing crisis in Alabama, where the waitlist for mental health care has reached staggering lengths despite a federal consent decree aimed at improving conditions. Clark's tragic outcome reflects broader national issues surrounding mental health treatment in correctional facilities and the systemic delays in providing necessary care.
MONTGOMERY, Ala. (AP) — Fernando Clark spent the last 10 months of his life in a jail cell, waiting for psychiatric treatment a court ordered he undergo after he’d been arrested for stealing cigarettes and some fruit from a gas station.
He died while waiting for the treatment that never arrived, found unresponsive in his jail cell.
Clark was just one of hundreds of people across Alabama awaiting a spot in the state’s increasingly limited facilities, despite a consent decree requiring the state to address delays in evaluating and providing care for people suffering from mental illness who are charged with crimes.
Seven years since the federal agreement, the problem is only worse. The waitlist for the state’s sole secure psychiatric facility is almost five times longer than when it the decree was issued, according to court documents released in September.
Sometimes arrestees are waiting years for placement in a facility designed to treat their illness and ensure they are healthy to go to court, a problem faced by many states around the country.
In Alabama, that means people charged with less serious crimes, like Clark, “spend more time waiting for a bed than if they had just pled guilty,” said Bill Van Der Pol, a lawyer with the Alabama Disabilities Advocacy Program, which won the federal consent decree.
Delayed progress
In 2010, the Department of Mental Health had its budget cut by $40 million in the wake of the recession. At least 10 state-run psychiatric facilities have closed over the past three decades, leaving only three inpatient facilities with 504 total beds, and just one where men facing criminal charges can receive treatment to restore them to competency.
The lawsuit that led to the consent decree was filed in 2016, alleging delays at every point in the process that violated constitutional due process.
The 2018 consent decree gave the state two years to complete all mental health evaluations and reports within 60 days of a court order. A man deemed incompetent for trial should go to Taylor Hardin within 30 days after that. The state was also required to expand the number of beds for more permanent care if someone cannot be rehabilitated.
Taylor Hardin’s waitlist has grown to 273 men, according to an August court filing. That’s up from approximately 60 men in 2017. The average wait is well over a year, with more than 30 people on the list waiting for over two years. The state remains in mediation with the plaintiffs.
A national issue
Nationally, the number of state hospital beds for adults with serious mental health issues reached a historic low in 2023, suggesting a troubling trend is nowhere near resolution. “There really isn’t any state where this hasn’t become an increasingly visible problem,” said Lisa Daly, executive director of the Treatment Advocacy Center.
Noticeable improvements
Alabama has begun steps to address these issues, including plans to add 80 beds to Taylor Hardin. However, recruitment challenges remain, with half of the necessary staffing positions unfilled.
Impossible to get out
The situation is worsened for individuals like Clark, who had a long history of petty crimes and mental health issues. Once arrested, the lengthy wait for psychiatric treatment can last for years, leading to dire consequences.
In December 2024, Clark was found unresponsive in his cell, with questions surrounding the circumstances of his death and the adequacy of the care he received while waiting for treatment.
Burden on jails
As the investigation into Clark's death continues, officials highlight the ongoing struggles jails face in providing adequate mental health care for incarcerated individuals, emphasizing that systemic reforms are critically needed.
