Federal Judge Further Restricts Who Can Be Sent to Oregon State Hospital
On Monday, a federal US judge further restricted admissions to Oregon State Hospital, ruling that all pre-trial defendants facing a lower-level felony charge not involving a crime against a person will be barred from accessing the Psychiatric Hospital for rehabilitation, and placed new limits on the length of a patient’s stay.
Lower-Level Felony Defendants Accused Of Crimes Against a Person Barred From OSH Psychiatric Hospital for Rehabilitation
At the request of Disability Rights Oregon and the non-profit law firm Metropolitan Public Defenders, US District Judge Adrienne Nelson imposed new restrictions after finding that court-issued fines haven’t resolved the admissions backlog for criminal defendants unable to assist in their defense.
According to a federal court order, within seven days of a court finding that mental illness prevents defendants unable to assist in their own defense- unable to them from assist their lawyer in defending the case against them, defendants are supposed to move from jail to the Oregon State Hospital for treatment. But the state has continued to noncomply with the order.
The new order directs that defendants facing lower-level felony charges not involving a crime against a person, and those facing specific misdemeanor crimes, be barred from the state hospital.
Extensions discharged in the order that are now subject to judicial review, where recent clinical opinion indicates that the extension has a substantial likelihood of restoring the defendant to mental competency, are:
- 30-day extensions for discharges of criminal defendants sent to the state hospital
- 180-day extensions for hospital stays to one per defendant facing violent felony charges, and only in cases involving Measure 11 crimes