Salem, OR. — Marion County officials are criticizing a new federal court order in the long-running Mink/Bowman litigation, arguing it could result in the earlier release of criminal defendants from the Oregon State Hospital before they are fully stabilized.
According to a statement issued by Marion County, a federal judge granted a motion filed by Disability Rights Oregon that limits which criminal defendants may remain at the state hospital for competency restoration treatment. County officials contend the ruling will affect individuals charged with serious offenses, including Measure 11 crimes such as murder, rape, kidnapping, assault, robbery, and manslaughter.
Commissioner Kevin Cameron said the decision continues what he described as a trend of court rulings that have reduced treatment options for mentally ill defendants.
“During the past few years, these federal judge decisions continue to erode public safety in our community and deny treatment to mental health patients,” Cameron said. “Releasing these individuals before stabilization will not benefit them or our community.”
Marion County officials also criticized the State of Oregon for not opposing the motion and objected to the court’s decision to deny the county’s request to file a brief in the case.
Commissioner Danielle Bethell linked the situation to ongoing staffing shortages at the Oregon State Hospital.
“Forcing early release of mentally unstable individuals charged with rape and murder is an extremely shocking blow to public safety in our community,” Bethell said. “The root cause of this problem is the governor’s inexcusable, years-long refusal to fully staff needed mental health treatment beds.”
County officials said the order affects defendants charged with a range of serious offenses, including first- and second-degree assault, kidnapping, manslaughter, murder, rape, robbery, sexual abuse, unlawful sexual penetration, and sodomy.
The county also stated that certain categories of non-Measure 11 crimes, including burglary, vehicle theft, identity theft, felony failure to appear, aggravated harassment, and theft exceeding $1,000, will now be excluded from state hospital care.
Commission Chair Colm Willis criticized Disability Rights Oregon’s position in the case, arguing that removing defendants from treatment settings could increase risks to the public.
“It’s absurd that Disability Rights Oregon advocates to take away treatment from criminally-charged individuals causing harm in our community,” Willis said. “Allowing these individuals to continue to freely and openly cause harm to our community instead of getting them the help they need is dangerous and irresponsible.”
The Mink/Bowman litigation has focused on Oregon’s handling of defendants found unable to aid and assist in their own defense due to mental illness. Federal courts have repeatedly ordered changes intended to reduce lengthy waits for competency restoration treatment at the Oregon State Hospital.
Marion County officials said they are evaluating potential responses to the latest ruling and continue to advocate for expanded staffing and treatment capacity at the state hospital.
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