Oregon Ordered to Pay $500 a Day for Each Mentally Ill Defendant Left Waiting in Jail

Oregon must pay up for failing to admit mentally ill criminal defendants to the state hospital while it appeals a contempt ruling, a federal judge said on Thursday.

U.S. District Judge Adrienne Nelson denied the state’s request to delay payment while it appeals her June 6 ruling.

She found the state had not taken “all reasonable steps” to meet a requirement that defendants be admitted within seven days of being found too mentally ill to participate in their trials, calling the crisis a “lack of foresight.”

Nelson ordered the state to pay $500 a day for each person in the class-action lawsuit representing defendants waiting for hospital admission.

Monthly reports must estimate fines and payment must follow. The state’s first two reports were about $145,000 for June 7-July 14, excluding delays officials said were beyond their control, like county jails refusing to transport inmates when beds became available.

State Attorneys Claim Paying the Fines Will Force Budget Cuts

State attorneys argued paying now would force budget and staffing cuts. Nelson said that was not true. She said the fines ensure funds are set aside to meet the state’s obligations and that possible budget impacts were insufficient to prove harm.

She also said she had to consider the harm to those left in jail beyond the seven-day limit.

The judge ordered the state to revise its fine calculations to include all late admissions and to find alternatives when counties face transportation issues.

The case stems from a 2002 lawsuit by Disability Rights Oregon that led to a court order requiring defendants to be admitted within seven days. At the time many waited months in jail without treatment.