U.S. District Judge Says Oregon State Hospital Must Remedy Violation of a Court Order
U.S. District Judge Adrienne Nelson wants the Oregon State Hospital, in violation of a court order to admit jailed criminal defendants for mental health treatment within seven days, to remedy the situation in less than two months.
At a court hearing on Monday, Nelson heard that the hospital had pushed the wait period to an average of 26 days.
Psychiatric Hospital Cannot Provide a Timeline to Meet Compliance
Oregon State Hospital lawyer Carla Scott could not give Judge Nelson a timeline of when the psychiatric hospital would be able to meet the court order, adding that there were no projections of when compliance could be met.
Judge Dismisses Explanation, adding ‘Something Needs to Happen’
The judge dismissed the explanation, saying ‘…this has been going on for years…something needs to happen…like less than 60 days.’
Scott said the Oregon Health Authority will ask for $55 million for improvements to the mental health system at the next session of the Legislature. She said the proposal appears to have the support of Governor Tina Kotek.
Judge Nelson said she needed to know how likely it was that the state would approve the funding request. She said while she has pleased that people were collaborating to find a solution to the problem ’…the collaboration is not bearing results.’
Scott said the main cause contributing to the failure to meet hospital admission goals was due to increased aid-and-assist orders. In the last fours, criminal defendants deemed unfit to proceed to trial increased from 762 to 1,362 – an 80% hike, according to the Oregon Judicial Department.
Nelson said noncompliance at the hospital continues to increase and the time had arrived to find other options.
She ordered all parties to return to court in January.
The lawsuit against the state has been brought by Disability Rights Oregon and Metropolitan Public Defenders who have been waiting for the Legislature to address the crowding crisis at the psychiatric hospital, and includes state judges and district attorneys from Washington, Clackamas. And Marion counties. They have filed friend-of-the-court briefs in the case.
Billy J. Williams, the attorney representing the district attorneys of Washington, Clackamas, and Marion counties said he did not expect his clients to support the proposed legislation as it did not address the need to increase capacity at the state hospital. The existing problem could not be solved if bed capacity was not increased, said Williams.
The case dates back 22 years to 2002 when Disability Rights Oregon first sued the state for failure by the hospital to admit defendants needing treatment timeously, violating their rights to a speedy trial and due process.
At that time, U.S. District Judge Owen M. Panner ruled that the hospital admit defendants within seven days of a court finding that they were unable to assist in their own defense because of mental illness.
Recommendations by a Neutral Expert
The status court hearing on Monday coincided with a court-ordered report by a neutral expert listing recommendations for how to pursue the problem. Dr Debra Pinals, a clinical and forensic psychiatrist with more than 25 years of experience, says in the report that the state has been out of compliance for nearly six months.
Some of her recommendations include:
Employing three full-time forensic evaluators for the Oregon State Hospital to undertake psychiatric assessments to establish a defendant’s ability to assist in their own defense.
Providing $3.5 million to house homeless people who have mental health needs.
Setting aside $9.4 million to increase bed capacity at residential treatment centers throughout the state.
Adopting state laws to prevent people charged with non-person misdemeanors from obtaining mental health treatment at the state hospital.
Allowing the release of state hospital patients back into the community only if forensic evaluations indicate a ‘substantial probability’ that the patient’s mental competency will be restored.