Agreement Reached to Help Provide Timely Restoration Treatment
People in jail are receiving court-ordered mental health restoration services more quickly while communities are given increased lead time to coordinate care
Portland, Ore. — Today, Disability Rights Oregon, Metropolitan Public Defenders, and the State of Oregon filed a joint status report in the case of Oregon Advocacy Center v. Mink, consolidated with Bowman v. Matteucci and Legacy Health System v. Allen (Mink-Bowman case).
The joint status report provides an update on negotiations related to how best to admit and discharge patients at the Oregon State Hospital receiving competency restoration treatment. Competency restoration treatment is not mental health treatment aimed at long term recovery. Restoring someone to mental health competency is time limited and narrowly focused on issues such as medication compliance. The goal of negotiations was working with key stakeholders to reach compliance with the Constitution.
Pending before the Court are two unopposed modifications in the Mink-Bowman case to help reach that goal. In the joint status report, the parties have agreed to:
Increase the number of days counties and providers have to prepare for a person’s release from 30 to 60 days, doubling the time they have to coordinate crucial mental health services and support.
Improve expedited admissions to the state hospital, allowing for quicker patient transfers from private hospitals and better providing the specialized services people need.
“Depriving people living with mental illness of their liberty as a way to help them get treatment is not only wrong, it is discriminatory. The state hospital should not be used as a pretrial detention facility,” said Emily Cooper, Legal Director of Disability Rights Oregon. “The state hospital is not the best place for people living with mental illness who have been charged with crimes to receive mental health treatment. We hope the joint status report will make sure we’re moving people to the right place at the right time, and in doing so, opening up space in an efficient way that respects the rights of our clients while on their path toward recovery.”
Background
Disability Rights Oregon enforces Oregon Advocacy Center v. Mink to ensure any person with mental illness is not being held in jail longer than the allowed seven days, as each day represents a time when they may be irreparably harmed. Over four months, the State has made progress toward reducing the number of days people languish in jail. Thanks to the federal court’s direction Dr. Pinal’s expertise, and efforts by the State, we have seen jail wait times reduced from 21.7 to 11.1 days, but we have further to go before the State is in compliance.
Disability Rights Oregon’s goal is tangible and encompassing community support across the state for people with mental illness and other disabilities. Once these supports are in place, our clients will receive the services they need to thrive as part of our society. You can learn more about our work to protect the rights of people with mental illness who are unable to aid and assist in their defense here.
About
Disability Rights Oregon
Disability Rights Oregon upholds the civil rights of people with disabilities to live, work, and engage in the community. Serving as Oregon’s Protection & Advocacy system since 1977, the nonprofit works to transform systems, policies, and practices to give more people the opportunity to reach their full potential.
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