A federal judge’s contempt order requires OHA to pay fines when mentally ill defendants stay too long in jail. OHA reports accruing $288,500 in just over two months.

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PORTLAND, Ore. — The Oregon Health Authority has racked up more than a quarter-million dollars in fines in just over two months — connected to a federal contempt order and how long mentally ill defendants are waiting in jail without being transferred to the Oregon State Hospital for treatment.

OHA released its latest fines calculation Friday, bringing its total to $288,500.

June 7-June 15 fines: $41,000

$41,000 June 16-July 14 fines: $120,500

$120,500 July 15-August 14 fines: $127,000

In June, a federal judge found Oregon to be in contempt of court for repeatedly failing to admit people in jail, who were in need of mental health care, to the state psychiatric hospital within the legally required seven days.

U.S. District Judge Adreinne Nelson requires OHA to pay $500 for every day that an ‘aid and assist’ criminal defendant waits longer than a week in county jail without transfer to OSH.

In her ruling, Nelson said Oregon created a crisis by underinvesting in mental health, as the state has largely been out of compliance with federal standards for two decades.

“The primary reason that class members have suffered and continue to suffer is the State’s ‘lack of foresight, creativity, planning, and timely response to a crisis,'” Nelson wrote.

Nelson denied a motion from the state to delay payment of the fines while Oregon appeals her contempt ruling, saying the fines are designed to ensure OHA sets money aside to meet federal admission requirements.

An independent court monitor, Dr. Debra Pinals, along with OHA and plaintiffs Disability Rights Oregon, are tasked with formulating a plan for how the fines will be spent, under the order’s direction that the money be reinvested into the behavioral healthcare system.

A DRO spokesperson told KGW that attorneys for both organizations and Pinals have been discussing how contempt fines will be spent and DRO anticipates having a plan soon.

However, OHA attorneys have argued in court filings that the payment of fines could force staff cuts and service cuts as money for fines would “necessarily need to be taken immediately away from other crucial efforts OHA and OSH are undertaking to maintain behavioral health services and ensure OSH adequately serves its patients.”