Prosecutors across Oregon are calling on the governor to oppose proposed restrictions on who can be admitted to the state’s primary psychiatric facility, warning the move could impact public safety and mental health care access.
District Attorneys Oppose Admission Restrictions
The Oregon District Attorneys Association has urged Tina Kotek to resist efforts aimed at limiting which criminal defendants can be sent to the Oregon State Hospital for treatment.
Prosecutors argue that reducing admissions is not a solution to the ongoing crisis. Instead, they say the state should expand inpatient mental health capacity to better serve individuals struggling with mental illness.
Legal Battle Over Hospital Capacity
The pushback comes after advocacy groups, including Disability Rights Oregon, requested a federal court to restrict hospital admissions for defendants facing minor charges. Their proposal suggests prioritizing individuals with more serious offenses due to the hospital’s limited capacity.
A court-appointed monitor has recommended even broader limits, including restricting admissions for certain low-level felony cases and non-violent misdemeanors.
Concerns Over Public Safety
Prosecutors warn that such limits could reduce judicial discretion and prevent courts from sending individuals who may still pose risks to the appropriate level of care.
They argue that the state hospital often serves as the only viable treatment option for some defendants, especially those considered dangerous or in need of intensive psychiatric care.
Advocates Suggest Alternative Care
Supporters of the proposed limits say diverting low-risk individuals away from the hospital could ease overcrowding and allow resources to be focused on more serious cases.
They recommend alternatives such as community-based treatment programs, residential facilities, or outpatient care to help restore competency for defendants who do not pose a public safety threat.
Mounting Legal and Financial Pressure
The issue stems from a long-running lawsuit over delays in admitting defendants deemed unfit to stand trial. A federal judge previously ruled the state in violation of an order requiring timely admissions.
As a result, Oregon has faced significant financial penalties — paying $500 per defendant per day for delays beyond one week. The state accumulated more than $3 million in fines last year, with additional penalties continuing into 2026.
Ongoing Efforts to Resolve the Crisis
State officials are currently working with court representatives to find a broader solution that balances legal obligations with available mental health resources.
Meanwhile, the governor’s office has not yet publicly responded to the prosecutor’s request.
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