Indigent inmates with significant mental health issues are forced to remain incarcerated past their release dates because of a lack of community-based housing available from the state, according to a new class action filed Wednesday in Manhattan federal court.

The complaint alleges that the failure of two state agencies—the Office of Mental Health and the Department of Corrections and Community Supervision—have effectively, and illegally, extended the plaintiffs' period of imprisonment by months and sometimes years because the state has not ensured that enough supportive housing is available upon release.

Despite serving their time, the plaintiffs say they remain locked in secure prison facilities under the same restrictions as any other prisoner, including infractions that can lead to solitary confinement or even the revocation of a previously approved release.

According to the complaint, approximately 2,050 people with serious mental health issues are discharged every year. OMH takes the lead in working with these inmates who may be homeless upon release to find a suitable residency. DOCCS, which is involved in the selection process, has final say over whether a proposed location, such as a homeless shelter, has the appropriate services to support the inmate's needs.

According to the suit, proposed references are often rejected for these reasons. But in doing so, those inmates with serious mental health issues that the state believes will become homeless upon release are left with a single option for housing identified by OMH. Unless and until that housing option becomes available, these inmates are forced to stay behind bars despite having served their time.

According to Stefen Short, staff attorney for the Legal Aid Society's Prisoners Rights Project, the situation shows the “woefully insufficient” amount of appropriate housing provided for by the state, despite state law mandating prisoners with serious mental health issues be released into appropriate housing.

“OMH is not meeting that need,” he said. “That's really what's causing it.”

A spokesman for DOCCS did not respond to a request for comment.

In a statement, a spokeswoman for OMH said the agency couldn't comment on the specifics of the lawsuit. She did, however, defend the state's overall handling of support for people with mental illnesses. The state invests close to $400 million a year on community-based housing, including more than 44,000 units statewide for the population.

She went on to note that a commitment by the state for some 6,000 or more units of supportive housing for homeless individuals the state plans to construct by 2021. Of these, 120 are expected to be reserved for individuals released from incarceration.

The suit makes claims for two classes of individuals. The first, a general class, are those individuals who continue to be incarcerated past their release dates, including the end of their prison sentences, approved conditional release dates, and open dates for parole release. This class makes claims against the state under the Americans with Disabilities Act and the Rehabilitation Act of 1973.

The second subclass of individuals are those who remain behind bars past the maximum expiration dates of their court-imposed prison sentences. This class brings additional constitutional claims against the state under the Eighth and Fourteenth Amendments.

According to the Legal Aid Society's Short, the goal of the litigation is to force the state to allocate the appropriate amount of resources to ensure inmates can be released in a timely way, into appropriate housing that offers the help they need.

“We're really seeking an expansion of the community-based mental health system,” he said.

Legal Aid was joined by Disability Rights New York in filing the lawsuit, G. v. Cuomo, 19-cv-00639.