Federal Judge Fines Oregon Over Delays in Psychiatric Treatment for Jailed Defendants
The state of Oregon must pay a fine of $500 a day for every individual who has been waiting in jail for more than seven days for psychiatric treatment at the Oregon State Hospital.
The decision was handed down by a federal judge on Friday when he found the state in contempt of a court order dating to 2002.
The contempt of court relates to a decision by a different judge in 2002 who found that prisoners awaiting trial who need treatment for a mental illness are a violation of their rights under the U.S. Constitution. That judge ruled that the Oregon State Hospital (OSH) admit criminal defendants awaiting trial within seven days.
However, on Friday the judge revealed that in April 2025, the average waiting period to be admitted to the OSH is 20.7 days, far from the seven-day admittance order.
Oregon Could Face Fines of Up To $500,000 a Month
Oregon will face monthly fines of up to $500,000 a month if no progress is made to reduce the number of days spent in jail by people waiting for trial, says Governor Tina Kotek.
The Governor indicated that people with suspected mental illnesses awaiting trial in jails could instead be housed at community-based facilities. Additional, and more secure residential facilities could provide the necessary treatment before awaiting trial prisoners return to court.
Kotek confirmed that she is working with legislators to find a solution as paying the fines is not the best use of taxpayer dollars.
The court ruling has been welcomed by Disability Rights Oregon, saying it could accelerate legislative intervention to solve the shortage of beds at OSH and support the Governor’s persistent appeals to resolve the overload of prisoners waiting for trial who need mental health treatment.
House Bill 2470 is under consideration by the House Budget Subcommittee. If passed, it will increase the number of beds at the OSH and expand access to in-custody jail-based programs and community restoration services.