XPost: or.politics, alt.politics.republicans, talk.politics.guns
XPost: sac.politics

SALEM, Ore. � The Oregon Health Authority is appealing an order
that held the state in contempt for taking too long to admit people
in jail to the state psychiatric hospital. The order, delivered by
a federal judge this month, opens the state up to serious fines.

Previous court orders require that these patients, known as "aid
and assist" patients, be admitted to the Oregon State Hospital
within a week. The term refers to criminal defendants who have been
found by a mental health assessment to be unable to aid and assist
in their own defense.

Under the contempt order, the state owes $500 per person per day
every time someone waits in jail longer than seven days.

Oregon has struggled to comply with its constitutional obligations
for people with severe mental health conditions for decades. In
Washington state, a similar contempt order forced the state to make
major investments in its mental health system, ending its own
problem of aid and assist patients waiting in jail.

READ MORE: With Oregon now in contempt of court, advocates hope for
change in psychiatric care system

The Oregon Health Authority now argues that it would need to cut
staff members and introduce pay cuts to afford the fines it is
racking up � $38,000 within the first week alone. The agency is
asking the judge to delay collection of fines until the appeal is
processed.

Gov. Tina Kotek, when asked about the contempt order earlier this
month, said the judge ran out of patience with the state, which has
been involved in cases related to capacity at the Oregon State
Hospital for years now.

"Being fined on a daily basis is not the best use of taxpayer
dollars," Kotek said. "I am working hard with legislators to finish
this session with key investments to help this population, both at
the state hospital for better evaluation and more flexibility, but
also community-based placement.

"I have a significant ask in for additional secure residential
capacity in the communities, for folks to be not in jails and not
in the state hospital, but somewhere else where they can get the
appropriate care."

RELATED: Lawmakers consider easing standards for involuntary
psychiatric care in Oregon

While the OHA's initial fines are significant, Kotek's initial
comments anticipated that they would be even higher.

"We are estimating anywhere from $250,000 to $500,000 a month in
fines, assuming we don't continue to make the progress we need to
make," she added.

The lead plaintiff in the case that prompted the contempt order,
Disability Rights Oregon, said it will contest any appeal. It
supports the judge's contempt order and fine structure as a way to
force the state to make changes.

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