Local prosecutors and judges are still not complying with a landmark federal court order intended to expedite admissions at the Oregon State Hospital, an independent expert has found.
Dr. Debra Pinals made the finding in her most recent report to the Oregon Health Authority on how to address the lack of beds at the state’s major psychiatric facility that’s been the source of long-running litigation. While Pinals report suggests state officials have made progress in easing the state hospital logjam, it also highlights ongoing tensions between federal and state authorities
Pinals wrote in her report that civil rights advocates, county officials, the health authority, private hospitals and others have made progress in mediation. But she wrote that “over the course of many months numerous case issues have surfaced that do not appear to comport with the provisions in spirit or intent” of orders issued by U.S. District Judge Michael Mosman.
Specifically, Pinals wrote in her report that as of July 14, seven patients were being held at the state hospital longer than the timelines mandated by Mosman. These were “aid and assist” patients who were accused of crimes and sent to the state hospital for treatment to face prosecution.
Marion County’s legal counsel has ordered the sheriff’s office to not transport these patients from the state hospital, effectively blocking their discharge. There are another three patients subject to similar orders who haven’t yet exceeded the time limits, according to Pinals’ report.
The conflicting orders reopen a clash that began in March when Disability Rights Oregon, the group driving the state hospital litigation, asked Mosman to intervene after the Marion County Sheriff’s Office refused to transport patients. The sheriff’s office cited state court orders committing the patients to longer hospital stays. Disability Rights Oregon effectively asked Mosman to override the state courts.
Mosman declined to order the sheriff’s office to transport patients. But earlier this month Mosman modified his earlier order, encouraging disputes over conflicting state court rulings to be resolved in mediation by U.S. Magistrate Judge Stacie Beckerman.
Marion County Commissioner Danielle Bethell told The Lund Report in an email that the county has “extremely limited” authority to weigh in on criminal cases.
“We remain concerned about the strain that Oregon State Hospital’s limited admission policy has placed on county health and public safety resources. ... Both the courts and the state have placed Marion County in a very difficult position.”
“We remain concerned about the strain that Oregon State Hospital’s limited admission policy has placed on county health and public safety resources,” she said. “Both the courts and the state have placed Marion County in a very difficult position.”
Disability Rights Oregon spokesperson Melissa Roy-Hart told The Lund Report in an email that the organization is moving forward with mediation on the patients.
“If it can’t be resolved in mediation, DRO is going to ask Judge Mosman to issue another order clarifying the Supremacy Clause,” she wrote, referring to a provision of the U.S. Constitution that gives federal law precedence over state law.
State hospital spokesperson Amber Shoebridge told The Lund Report in an email that one of the seven patients mentioned in Pinals’ report has since been discharged.
Pinals’ report also identified other areas of conflict. Mosman’s modified order allows prosecutors to keep patients charged with violent felonies at the state hospital longer if they’re a danger to the public. Mosman would need to sign off on keeping patients at the hospital longer after prosecutors presented evidence.
But Pinals’ report cites three cases where prosecutors in Washington, Benton and Crook counties didn’t follow the process and ordered patients to stay another 180 days at the state hospital.
The Lund Report has reached out to district attorneys for Benton and Crook counties for a response.
Washington County spokesperson Stephen Mayer declined to comment.
