On Tuesday, King County Superior Court Judge Johanna Bender heard oral arguments on King County’s legal action against the Department of Social and Health Services (DSHS) for unconstitutionally leaving mentally ill defendants in the county jail. More than 100 people deemed incompetent to stand trial are waiting behind bars at the King County Jail for a bed at Western State Hospital in Lakewood. In all cases, a judge has ordered them to receive mental health treatment aimed at regaining competency to participate in their defense. But none of those waiting has received treatment yet. DSHS doesn’t have room. Beds are full at both Western State Hospital and Eastern State Hospital outside of Spokane. Judges have repeatedly found the state agency in contempt of court orders for treatment delays. A KING 5 Investigation revealed that approximately 870 defendants across the state are waiting for court-ordered mental health treatment at state psychiatric facilities. “The county is directly harmed by DSHS’s refusal to follow this court’s ruling and that is the very essence of contempt,” said Senior Deputy Prosecuting Attorney Andrea Vitalich, who represented the King County Department of Adult and Juvenile Detention in the proceeding. Vitalich argued that Judge Bender should pave the way for DSHS to have to pay sanctions of $219 per day, per defendant left waiting in the King County Jail beyond legally set timeframes. The county said they hoped sanctions would motivate DSHS to act more quickly. "So that the county is no longer forced to care for and house (mentally ill defendants) in our jail, which quite frankly is where at this time they do not belong," said Vitalich. Read the full story here: