Salem, OR – Disability Rights Oregon (DRO) has filed a motion in U.S. District Court, urging a federal judge to hold the state of Oregon in contempt for failing to meet a 22-year-old court order requiring the swift transfer of individuals from county jails to the Oregon State Hospital for mental health treatment. The motion, filed on Tuesday, argues that the state’s continued delays in admitting patients are detrimental to their health and violate a longstanding legal mandate.
In 2002, a federal court issued an order directing the Oregon State Hospital to admit individuals who are deemed unfit to stand trial and in need of mental health care within seven days of a court’s decision. However, according to DRO attorneys, the state has consistently failed to comply with this requirement in recent years. The average wait time for admission is now nearly 27 days, far exceeding the mandated seven-day limit.
The motion highlights the negative consequences of these delays, including severe mental health deterioration among those awaiting care. Additionally, the delays are hindering the criminal justice process, as individuals need treatment to be deemed fit to face criminal charges. The court filing also cites the deaths of two individuals in jail while waiting for admission to the state hospital, underscoring the potentially fatal impact of the delays.
“These ongoing failures are not just a matter of bureaucratic mismanagement—they are causing real harm to people in crisis,” said Jake Cornett, Executive Director and CEO of DRO. “Jail is not a place for individuals in the throes of a psychiatric crisis. The state must be held accountable for its disregard of a court order that is designed to protect the well-being of some of Oregon’s most vulnerable citizens.”
The motion also requests the court to implement specific changes to address the issue, including limiting hospital admissions to individuals facing more serious charges and setting new deadlines for patients who are ready to be discharged. DRO argues that these measures would help alleviate the backlog at the state hospital, which has struggled to manage its capacity and resources in recent years.
The state hospital’s inability to comply with the court order has been an ongoing problem since 2018. While the state worked with an independent expert, Dr. Debra Pinals, to address the issue, the state has failed to fully implement her recommendations. These recommendations include increasing the efficiency of patient discharges and expanding community-based programs for individuals who do not require inpatient care.
Emily Cooper, legal director for DRO, expressed frustration over the lack of progress, noting that the failure to implement Dr. Pinals’ recommendations has contributed significantly to the current crisis. “If the state had followed through on the expert’s suggestions, we might not be in this situation today,” she said.
In addition to the immediate issue of delays in treatment, DRO is also concerned about the broader criminalization of mental health challenges. Cooper stressed the need for comprehensive reform to address mental health care outside of the state hospital, including funding for community-based restoration programs that provide alternative forms of treatment and support.
The state hospital’s struggles are compounded by limited resources and a strained mental health system. According to a report from Dr. Pinals, staffing issues and a lack of available community residential programs have exacerbated the situation. As of mid-December, 81 individuals were still waiting in jail for admission to the state hospital, while another 75 individuals were at the hospital but no longer required inpatient care.
The motion to hold the state in contempt also cites two recent deaths linked to delays in mental health treatment. In April 2022, Bryce Bybee died in the Washington County Jail after a prolonged wait for admission to the state hospital. Bybee, who had been unresponsive for weeks, died of complications related to dehydration and malnutrition. Similarly, in April 2024, Skye Baskin died after being held in isolation at Douglas County Jail for six weeks. By the time he arrived at the hospital, Baskin had lost nearly 40% of his body weight and was found to have died from a heart arrhythmia related to starvation and dehydration.
“These tragic deaths are a stark reminder of the human cost of Oregon’s failure to provide timely mental health care,” said Cornett. “The state must be held accountable for its role in these preventable deaths.”
State officials have acknowledged the challenges but have yet to provide a timeline for returning to compliance with the court order. At a November 2024 court hearing, Carla Scott, an attorney for the Oregon Department of Justice, stated that the state could not offer projections for when it would meet the seven-day deadline for admissions.
As the legal proceedings continue, Disability Rights Oregon is calling for swift action to address the backlog and ensure that individuals in crisis receive the timely and appropriate care they need.
