A federal judge this week put new limits on who could be admitted to Oregon State Hospital and how long patients there could be held, the court’s latest effort to reduce admission wait times for criminal defendants found incapable of standing trial, who often languish in jail.
The hospital has in recent years filled to the brim, largely with people charged with crimes but found unfit to defend themselves. And the judge, Adrienne Nelson, found the state in contempt last summer of a long-standing court order to keep down wait times before admission.
Her latest order Monday implements further measures to reduce pressure on the hospital’s front door—by limiting detainees eligible for admission at the hospital in the first place.
And it seeks to keep patients flowing by making it harder for the state to claim exemptions that keep patients in custody beyond certain time limits.
Some were displeased by the order, describing it as a public safety threat. A statement by Marion County, which houses the main OSH institution in Salem, argued that those charged with “Measure 11” crimes—often, violent offenses—might be released from the hospital before they are stabilized.
“During the past few years, these federal judge decisions continue to erode public safety in our community and deny treatment to mental health patients,” Marion Count Commissioner Kevin Cameron said in a written statement. “Releasing these individuals before stabilization will not benefit them or our community.”
But Disability Rights Oregon, a key plaintiff in the lawsuit, argued that the new rules would get admission wait times in compliance with the court order within the year.
Other efforts by the court to help the state comply had not worked, the group’s attorneys wrote, and “more intrusive measures are now required.”

