Those deemed mentally unfit to answer for their crimes are not always given the care they need in a timely manner, a lawsuit claims.

The lawsuit, filed in federal court, claims that defendants who are found not guilty by reason of insanity sometimes sit in prison instead of being transferred to a mental health hospital.

The suit, which claims six defendants’ civil rights are being violated, was filed by attorneys from the Advocacy Center and the Roderick & Solange MacArthur Justice Center, both in New Orleans. It lists the state Department of Health and Hospitals and its secretary, Kathy Kliebert, as defendants.

The six defendants faced various charges — unauthorized motor vehicle use, auto theft, battery, arson, obscenity (related to a jail incident) and battery of a correctional center employee. The lawsuit says they were found to have different diagnoses — including schizophrenia and bipolar disorder.

One of the six has been waiting to get into Eastern Louisiana Mental Health Systems since February 2014, the lawsuit says. That may not seem like a huge length of time, but a defendant may have already been sitting in jail deteriorating before it was determined he or she was unfit to answer their charges.

While jails offer health care, it doesn’t always cover the needs of a patient who needs constant mental health observation.

Caring for mentally ill defendants is an added cost for the state, but an unavoidable one. Patients may be dangerous to themselves, but also to those around them. The same goes for their time in jail.

While they are not getting the treatment they need, they are also dangerous to jail staff who may not be properly trained to deal with a mentally ill person. The goal is rehabilitation, although that can’t always be achieved.

What the ultimate finding of the lawsuit will be is as yet unknown, but the mentally ill need to be treated in a timely manner for their sake and the sake of those around them.(MGNonline)