The pre-trial detention system in the United States undermines the principle of innocence until proven guilty. It punishes individuals for their poverty by holding them in jail before they are convicted, causing harm to families and communities in Kansas. The cash bail system creates a two-tier justice system, favoring those who can afford to pay for their freedom while keeping poor individuals in jail. This disproportionately affects Black defendants and perpetuates systemic racial and economic inequality. Detaining people who cannot afford bail in overcrowded jails compromises safety without reducing crime. Additionally, long wait times for court-ordered mental health evaluations in Kansas jails result in individuals spending more time awaiting evaluation than they would in prison if convicted. Lack of comprehensive mental health care during this time worsens their condition and hampers their ability to respond to treatment later.
The ACLU of Kansas, along with partners, filed a class action suit on May 26, 2022 against the Kansas Department of Aging and Disability Services (KDADS), citing wait times as long as 13 months for competency evaluations and restoration treatment for people facing criminal charges.
Pretrial detention can have devastating consequences and should be used only when necessary. But in Kansas, this is not the case. Across Kansas, thousands sit in jail pretrial – many because they do not have enough money to afford cash bail.
The ACLU of Kansas, along with the National Police Accountability Project and Stinson LLP, filed a class action suit on Thursday in U.S. District Court for the District of Kansas against the Kansas Department of Aging and Disability Services (KDADS).
The ACLU of Kansas has filed a lawsuit against KDADS. Individuals are frequently waiting nearly a year in jail for an evaluation, unable to access psychiatric treatment and are often placed in solitary confinement, something ACLU legal director Sharon Brett said is "cruel and unusual punishment."
The ACLU of Kansas and the National Police Accountability Project are suing Kansas over delays in mental health evaluations at Larned State Hospital. The class action lawsuit says individuals who face criminal charges are waiting for as long as 13 months behind bars for an evaluation.