Oregon State Hospital Mink-Bowman Order Compliance

Federal court ruling impacts OSH discharges of Aid and Assist patients

On Aug. 29, U.S. District Judge Michael Mosman ruled Oregon State Hospital (OSH) should make changes to the patient discharge process that impacts the amount of time allowed for people under ORS 161.370, or “Aid and Assist” orders to remain at the hospital to receive competence restoration. The new restoration limits are: 

For patients whose most serious charge is a misdemeanor, the maximum duration of commitment for restoration is the lesser of the maximum permissible sentence for the underlying offense or 90 days.
For patients whose most serious charge is a felony, the maximum duration of commitment for restoration is 6 months, unless the felony meets the definition of a “violent felony” under ORS 137.700(2) in which case the maximum duration of commitment for restoration shall be one year.

The changes are in response to a motion filed on Aug. 15, 2022, by Disability Rights Oregon (DRO) and Multnomah Public Defenders (MPD). It asked the court to change restoration time frames to help the hospital come into compliance with the 2002 Mink Order, which requires OSH to admit patients under Aid and Assist orders for competence restoration within seven days of the date the circuit court judge signed the order.

OSH is working with community partners to create an implementation plan with a focus placed on the best interest of patients, staff and communities that is consistent with Judge Mosman’s ruling.

Learn more about the ruling and implementation:

Read an updated 2023 FAQ document about the ruling Read the order related to the supremacy clause

Read an Oct. 17 opinion and order related to the supremacy clause

Read the ruling Read court opinion Read the 2002 Mink ruling View 21-23 Aid and Assist spending

View 23-25 Aid and Assist spend plan

Bowman

In late 2021, two GEI patients filed a complaint in federal court. Judge Hernandez issued a temporary restraining order requiring OSH to admit those patients. In early 2022, the Bowman complaint was amended to add Metropolitan Public Defender as an organizational plaintiff and then the Bowman case was consolidated with Mink. OSH now admits GEI patients based on the same criteria as aid and assist patients and the Bowman case has been stayed.

Bowman Complaint Bowman Amended Complaint Bowman Temporary Restraining Order

Consolidation of Mink and Bowman cases

Mink-Bowman consolidation order Mink-Bowman second amended order Mink Final Term Sheet

September 6, 2022, Oregon Health Authority (OHA) held a virtual townhall with Disability Rights Oregon (DRO) and Metropolitan Public Defender (MPD) during OHA’s regularly scheduled Behavioral Health stakeholder meeting. The topic was Judge Mosman’s recent ruling to amend OSH’s patient restoration timelines.

OHA Director Pat Allen, and Jesse Merrithew, an attorney with MPD in Multnomah County, gave a presentation on OSH capacity challenges, what the federal court ruling means and how the ruling will be implemented. More than thirty minutes of questions and answers followed the presentation.

Behavioral Health Partner Bi-weekly Meeting recording and PowerPoint presentation

Presentation Slides

Neutral expert Pinals reports:

Dr. Pinals was appointed by U.S. District Judge Michael Mosman to act as a neutral expert in the Mink (Aid and Assist) and Bowman (GEI) cases. She worked collaboratively with Disability Rights Oregon, Metropolitan Public Defenders (MPD), Oregon Health Authority (Behavioral Health) and the Oregon State Hospital (OSH) to develop recommendations to address capacity issues.

Dr. Pinals' first report, submitted on Jan. 30, 2022, outlines a short-term plan to shorten admission wait times for the hospital. The second report, submitted to the court on June 5, 2022, outlines a long-term plan for remaining in compliance with the seven-day admission requirement.

As described in Dr. Pinals' June 2022 report, the new time limits are clinically supported and based on time limits for competency restoration imposed in other states. Dr. Pinals reviewed statutes from multiple states and a summary of state restoration statutes published in the Journal of the American Academy of Psychiatry and the Law. She also spoke with many stakeholders, including OSH patients, peer recovery specialists, behavioral healthcare providers, defense and prosecuting attorneys, the Psychiatric Security Review Board members, and others for a comprehensive view of varying perspectives and suggestions.