AUGUSTA -- Patients held by court order occupy more and more beds set aside for other patients at Riverview Psychiatric Center in Augusta.

And those other patients are being held up to a year and a half longer than clinically necessary because there is no money to support mentally ill people in the community.

Those are the central themes in a report from former Maine Supreme Court Chief Justice Daniel Wathen, who serves as court master for a decades-old settlement governing the state's treatment of people with severe mental illness.

Wathen said current financial strains on the state must not impede delivery of community mental health services.

"We are at a critical stage in the effort to maintain progress in achieving compliance with the settlement agreement," Wathen said in an 18-month progress report filed last week in Kennebec County Superior Court. "It is imperative that, in the next six months, Riverview Psychiatric Center regains the path to progress."

In his report, Wathen listed problems and achievements at the state hospital in Augusta.

"In recent weeks, as many as 12 or 13 civil beds have been used to serve forensic clients," Wathen said.

A forensic bed is designated for patients acquitted of crimes because of mental disease, or transferred from jails or prisons for treatment.

Riverview was built with 92 beds -- 44 designated as forensic beds.

He noted that 12 of 36 civil patients -- those not being held by court order -- "are stuck in the hospital well beyond the date of clinical readiness because of a shortage of community resources."

The wait time "ranges from five days to 537 days, with a median of 89 days."

He reiterated a March report by a monitor appointed by the court: "The basic services of community integration, housing and mental health services continue in short supply, and are often unavailable for class members or nonclass members without MaineCare coverage."

"Class members" refers to those patients represented in a legal settlement between the state and advocates in the late 1980s. MaineCare, formerly known as Medicaid, is a state- and federally funded program providing health care generally to low-income people.

Wathen also cited a Riverview quarterly report showing increased use of restraint and seclusion, increased patient complaints, and increased medication errors.

Wathen said that 23 staff vacancies have dropped to 13 and that Mary Louise McEwan, formerly acting superintendent at Riverview, was named superintendent and other top management jobs are being filled.

Helen Bailey, an attorney with the Disability Rights Center of Maine who represents class members, said the problems relate to funding.

"The state took the money out of the system that supported people with mental illness who do not have MaineCare," Bailey said. "These are people with serious and persistent mental illness who will end up hospitalized and who need support. The people who don't have MaineCare are being involuntarily hospitalized and we're paying for that, but we're not paying for them to live in the community.

She said it appears to be a giant step backwards.

"This is where the case started back in 1988. There's not enough money but you're willing to put them in institutions and pay for them there."

Brenda Harvey, commissioner of the Department of Health & Human Services, the defendant in the case, said the state is trying to get funding.

"The state is committed to working hard to preserve vital services for people with severe and persistent mental illness, even during dire economic times," Harvey said Tuesday. "I believe I have met the consent decree requirement of advocating for funding despite the difficult budgetary environment.

All parties will meet next month with Justice Andrew Horton, who took over the case from Justice Nancy Mills, to determine the next step.

Betty Adams -- 621-5631

badams@centralmaine.com