The Legal Aid Society successfully secured a rare contempt ruling against the New York State Office of Mental Health (OMH) and established a now-frequently cited precedent in support of contempt findings. In the case, OMH was held in contempt after it failed to comply with a court order requiring it to transfer L.G.—an individual found unfit to stand trial—to a secure psychiatric facility “forthwith.” OMH had left L.G. at Rikers Island jail for nearly six months. During that time, L.G. was deprived of the specialized treatment necessary to restore her competency and forced to endure the dangerous and degrading conditions at Rikers. The New York Supreme Court held this delay prejudiced L.G.’s rights, rejected OMH’s argument that “forthwith” was too vague to enforce, and emphasized that systemic challenges cannot excuse a state agency’s failure to comply with judicial mandates. In May 2025, the New York State Appellate Division affirmed the decision, underscoring the urgent crisis facing people with serious mental illness in New York’s jails and the State’s failure to provide timely psychiatric care. 

This litigation was led by Criminal Law Reform’s Decarceration Project.