Senior U.S. District Court Judge Michael Mosman noted in his Monday order that the state requiring the state hospital to admit people within seven days if they鈥檙e found unable to assist in their own defense due to a mental illness.
The order modifies more sweeping changes made last September by preventing people charged with the lowest level crimes from going to the state hospital at all. It also allows district attorneys to request defendants charged with the most serious crimes stay at the hospital longer. Mosman鈥檚 amended order also provides the state hospital more flexibility when discharging certain patients so they have the necessary support.
Mosman鈥檚 decision comes after months of litigation and settlement discussions between state health officials, local prosecutors, disability advocates and judges.
鈥淲e are grateful to all the stakeholders involved and the willingness to engage in the process of moving this state in a direction that respects the constitutional rights of the most vulnerable people in our community,鈥� said Jesse Merrithew, an attorney representing plaintiffs in the case. 鈥淯ltimately, getting us out of this constitutional crisis is a task that the Oregon legislature must take up.鈥�
In September, Mosman agreed to significant changes and at the psychiatric hospital. It allows people charged with misdemeanors to stay at the hospital for up to 90 days, six months for non-violent felonies, or one year for violent charges that carry mandatory minimum sentences under Ballot Measure 11.
Former U.S. Attorney Billy Williams is representing the district attorneys from Washington, Marion and Clackamas counties who got involved in the case after that initial order was signed. He said Monday鈥檚 order offered 鈥渋mportant improvements鈥� and that he was grateful their perspectives were ultimately included.
鈥淭here鈥檚 so much interaction between the mental health system and the public safety system,鈥� Williams said. 鈥淚ssues that involve mental health crisis, homelessness and substance abuse disorder 鈥� those three elements are driving so much of what is going on.鈥�
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