Court order forces early release of mentally unstable individuals charged with rape and murder
SALEM, OR — On Monday afternoon, a federal judge granted a Disability Rights Oregon (DRO) motion to exclude many criminally-charged individuals from the Oregon State Hospital in the ongoing Mink/Bowman case, which will force early release of mentally unstable individuals charged with serious Measure 11 crimes like rape, murder, kidnapping, assault, and robbery.
“During the past few years, these federal judge decisions continue to erode public safety in our community and deny treatment to mental health patients,” said Commissioner Kevin Cameron. “Releasing these individuals before stabilization will not benefit them or our community.”
The new order allows dangerous individuals charged with serious crimes to walk free from the Oregon State Hospital in Salem without first being stabilized or held for prosecution. The State of Oregon chose not to oppose DRO’s motion, and the federal judge refused to even consider any dissenting perspectives when it denied Marion County’s request to file a brief response. This new order overrides the state legislature and state judges across Oregon.
“Forcing early release of mentally unstable individuals charged with rape and murder is an extremely shocking blow to public safety in our community,” said Marion County Commissioner Danielle Bethell. “The root cause of this problem is the governor’s inexcusable, years-long refusal to fully staff needed mental health treatment beds.”
All Measure 11 crimes will now face earlier release from the Oregon State Hospital before mental health stabilization due to the new limitation on the “safety valve” for serious crimes, including:
· Assault I
· Assault II
· Kidnapping I
· Kidnapping II
· Manslaughter I
· Manslaughter II
· Murder
· Rape I
· Rape II
· Robbery I
· Robbery II
· Sexual Abuse I
· Unlawful Sexual Penetration I
· Unlawful Sexual Penetration II
· Sodomy I
· Sodomy II
Categories of crime that are now entirely excluded from state hospital care include, but are not limited to:
Property damage in excess of $1,000
Possession and use of a stolen vehicle
Theft in excess of $1,000
Burglary
Identity theft (including scamming seniors)
Aggravated harassment
Disorderly conduct
Failure to appear in court on a felony charge
“It’s absurd that Disability Rights Oregon advocates to take away treatment from criminally-charged individuals causing harm in our community,” said Commissioner Colm Willis, Chair. “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. Marion County residents deserve better.”
Marion County continues to weigh its options to address ongoing community challenges caused by the Oregon State Hospital’s refusal to fully staff their current bed capacity.