Rights of People with Disabilities Citing the state’s refusal to admit detained criminal defendants to the state psychiatric hospital for mental health treatment within seven days after they are determined to be incapable of aiding in their defense, Oregon requested a judge on Tuesday to find the state in contempt of a court order.
Rights of People with Disabilities In 2002, Oregon filed its first lawsuit against the state, claiming that the Oregon State Hospital had violated defendants’ rights to due process and a speedy trial by failing to promptly accept individuals in need of treatment.
At that time, U.S. District Judge Owen M. Panner ordered that if a court determines that a defendant’s mental illness precludes them from participating in their defense, the hospital must admit them within seven days.A large number of them had been waiting in jail without receiving any care.
The average wait time for a detained criminal defendant to be admitted to the state hospital for mental health treatment was 26 days, a state attorney told a federal judge in November. Carla Scott, an Oregon Department of Justice lawyer who represented Oregon State Hospital and the Oregon Health Authority at that hearing, was similarly unable to inform the judge of the hospital’s anticipated time of compliance with the long-standing order.
Rights of People with Disabilities Oregon claimed that its move was prompted by the state’s purported lack of urgency in resolving its issue.
The State of Oregon has demonstrated little concern for the welfare of those with mental illness who are incarcerated, even in spite of a federal court ruling that dates back 22 years. Jake Cornett, the advocacy group’s executive director and chief executive officer, stated in a statement that a person going through a continuous mental crisis should never be in jail. We cannot watch helplessly as Oregon ignores the legal system; there must be repercussions.
According to the group’s motion, at least two jail inmates who were unable to assist with their defense during the previous few years of noncompliance passed away while awaiting a hospital bed due to difficulties from their mental conditions and a corresponding inability to eat or drink.
According to the motion, hundreds of additional inmates have been held in detention for weeks or months, frequently without treatment and in isolation, while their illnesses deteriorated. Due to the defendants’ noncompliance, there have been significant human costs.
In order to force the state to abide by the seven-day court ruling, the application asks for financial penalties against it.
State attorneys told a judge late last year that the Oregon Health Authority is requesting $55 million for the state’s mental health system in the upcoming legislative session. This money will be used to add 642 more beds for patients leaving the state hospital and to expand intensive mental health residential treatment and support services throughout the state, including residential psychiatric and substance abuse treatment for youths and families.
Days before all parties to the continuing lawsuit are scheduled to meet for a status hearing before U.S. District Judge Adrienne Nelson on Friday, the contempt motion was filed in federal court in Portland.
— Maxine Bernstein writes about criminal justice and federal courts. You can contact her via [email protected], 503-221-8212, X@maxoregonian, or LinkedIn.
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