Oregon State Hospital and the Defendants: Federal litigation concerning the administration of Oregon State Hospital and the promptness with which patients are admitted to treatment in order to avoid criminal charges is ongoing.
Oregon State Hospital and the Defendants in a Protracted Legal Dispute Are Back in Court
Attorneys for hospitals, district attorneys, and Disability Rights Oregon returned to U.S. District Court in Portland on Monday to argue against a judicial order mandating that the Oregon State Hospital treat patients facing criminal charges within a prescribed timeline so that they can aid in their defense. “Aid and assist” patients fall within this category.
Neither district attorneys nor hospitals that provide care for mental illness are thrilled with the order. U.S. District Judge Michael Mosman signed the order on September 1 after hearing arguments from both sides on Monday.
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Misdemeanor offenders have up to 90 days, those accused of mild felonies have up to six months, and those accused of serious felonies have up to a full year to attend therapy. After that time period has passed, patients at the state’s psychiatric hospital must be released into the custody of their respective counties.
Mosman said he’d issue a revised order to address their concerns.
Some in the criminal justice system, including counties, prosecutors, and hospitals, are worried about how this ruling could affect public safety and access to mental health care.
They are pleading with Mosman to rescind the directive. Also, they admitted that Oregon’s long-term incarceration of suspects is a problem that has to be addressed.
Oregon district attorneys’ representative and former U.S. federal prosecutor Billy Williams has called for “real remedies” to “repair a broken system” in his state.
Considering that Oregon would soon have a new governor and new leadership at the Oregon Health Authority, which administers the mental hospital, Williams remarked, “What a perfect time for the state of Oregon to actually do something to remedy the situation.” Both the director and the head of behavioral health at the agency are leaving their positions.
We can spend years arguing over the specifics of the problem, as Williams put it, but we can also find workable answers. “Where all these lands are still to be seen,” he added.
Further, he said, “I’m not interested in the blame game; those attempts are pointless to me.”
Twenty years ago, a lawsuit was filed over the injustice of patients waiting in cells for treatment while they faced criminal accusations. Once a judge ruled that they need mental health therapy to help with their defense, the court ordered the hospital to admit them within seven days.
There is a fluctuating population of inmates awaiting transport to Oregon State Hospital on the basis of a court order. Attorneys for Disability Rights Oregon and Metropolitan Public Defender estimate that the number is closer to 90 at the present time.
Legal Protections for Those with Disabilities In the original case, Oregon (then known as the Oregon Advocacy Center) hired Metropolitan Public Defender, a nonprofit law company under contract with Oregon to offer public defense services. In 2019, they went back to court since the state still wasn’t reliably following the injunction.
The hospital’s capacity issues were referred to an impartial outside expert in December 2021 after the court-appointed such a person. The subsequent suggestions included revised treatment time frames.
Dr. Debra Pinals, head of the Program in Law, Psychiatry, and Ethics at the University of Michigan, served as the outside expert who advocated reducing the amount of time it takes to restore someone to competency.
Alliances form to handle the case
Hospitals and district attorneys, for example, were concerned that defendants wouldn’t get the treatment they needed if they were sent back to counties without the resources to care for them after the September 1st decision, so they moved to intervene, or join, the case.
Washington County’s chief attorney, Thomas Carr, expressed worry that the ruling did not provide the county leeway to extend hospital stays for those who still need medical attention.
He noted that while most patients are seen and cared for in 180 days, “there are still others who need therapy later” and will be released too soon. Carr expressed worry that potentially violent suspects might be released into the community.
Additionally, medical facilities in the Portland area might benefit from a reversal of the current ruling.
Lawyer for Legacy Health, PeaceHealth, and Providence Health & Services Eric Neiman said it doesn’t consider the needs of the state’s population of civilly-committed persons who need treatment in a secure residential treatment center so they don’t hurt themselves or others.
— Oregon Capital Chronicle (@ORCapChronicle) November 23, 2022
According to Neiman, those who are civilly committed are less likely to receive the care they require at the state hospital because of the institution’s emphasis on aid-and-assist cases. Many persons who are civilly committed end up in other hospitals for extended periods of time because they are not admitted to Oregon State Hospital. This, according to hospital administrators, strains their resources.
According to a recent piece in The Lund Report, hospitals in Oregon have taken the rare step of challenging the Oregon Health Authority when the agency declines to transport patients in civil-commitment cases to the state hospital.
Neiman estimated that roughly 500 people each year were subject to civil commitment in Oregon.
Neiman said it was an “extraordinary omission” that the hospital’s interests were never mentioned to the court.
Disability Rights Oregon’s attorney Emily Cooper argued that it is incorrect to assume that the plaintiffs’ primary concern is the welfare of the aid-and-assist population at the expense of the patients who have been civilly committed.
Cooper argued that the advocacy group has “standing to represent the problems of all people with disabilities in Oregon.”
Cooper stated that the parties agreed to cooperate with Pinals in order to reach the settlement agreement and the subsequent order issued on September 1.
Cooper stated, “We weren’t seeing the needle move.”
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After the hearing, Cooper told the Oregon Capital Chronicle that the judge is adding the expert’s recommended plans for compliance into the order, and the state isn’t resisting it, which is a big step forward even though the problem isn’t yet solved.
Cooper remarked, “That’s significantly different from where we were three years ago.”
Mosman said he plans to make changes to his order, such as making it clear that a patient who is competent to participate in their criminal case and is returned to jail may return to the hospital for further treatment if they end up needing it. He expressed appreciation to those involved for their candor.
That it’s hard for lawyers to look a judge in the eye and say, “You’re wrong,” was something Mosman acknowledged.
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