A key Connecticut legislative committee has approved paying $2.5 million to settle a federal lawsuit brought by patients at Whiting Forensic Hospital – the state’s largest prison psychiatric facility.
The 2022 lawsuit claims the state’s psychiatric internment system violates the Americans with Disabilities Act because patients are subjected to strict confinement even though they have been found not guilty by reason of insanity and qualify for lower levels of institutional care.
The settlement saves the state money, said Rosemary McGovern of the state Attorney General’s Office, who negotiated the settlement.
“The state could be required to spend significantly more money than what is required in this agreement,” she told members of the Appropriations Committee on Monday.
“And it also avoids a judgment that could limit the state’s discretion on how it handles this population,” McGovern said.
"The money won’t go to the plaintiffs," McGovern said. “Instead, money will be used to expand the number of community providers that can provide services to the qualified class members that are part of the settlement agreement.”
Whiting Forensic has had difficulty placing patients in community-based psychiatric facilities due to a lack of available beds and yearslong waiting lists, state officials told lawmakers.
The settlement money is already in the state budget, said Senator Cathy Osten (D-Sprague), the co-chair of the committee.
“There’s $2.5 million that was put in the budget to start to comply with this stipulated agreement,” Osten said.
The contingency settlement now goes to the House and Senate for approval. It would then go back to federal court for final approval.
