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The criminal justice and behavioral health systems can sometimes overlap. Washington County staff from various departments and programs have worked together for years to maintain the balance between equal justice and community safety. Over the past few years, several procedures have been created to minimize local jail time for aid and assist defendants and maximize public safety:

• A special court docket, led by a judge, includes informal case staffing by defense attorneys, prosecutors and behavioral health professionals.
• The County’s Rapid Fitness to Proceed Program shortens the amount of time that defendants must wait in the Washington County Jail for “fitness to proceed” determinations. The program has reduced the average wait time from 62 days to 16, freeing up critically needed jail space for other criminal defendants awaiting court appearances The program saved 1,472 total jail days for 39 defendants in 2022. If calculated in dollars and cents at $264.78 per person, per day, this would amount to $475,015.32.
• A partnership with the Beaverton Municipal Court was formed to divert people with mental health challenges from going to jail for non-violent offenses and getting treatment instead.
• The County has hired additional behavioral health staff who use proven best practices to manage and support aid and assist defendants.

On August 29, 2022, Federal District Court Judge Michael Mosman issued a ruling that limits the amount of time that aid and assist defendants can stay at the Oregon State Hospital (OSH). The ruling was meant to help the OSH comply with a previous court order that requires them to admit aid and assist defendants within seven days. The maximum amount of time these defendants can now stay at the state hospital are:

• Misdemeanors: 90 days
• Felonies: six months
• Measure 11 crimes: one year

This puts a big strain on our criminal justice and behavioral health systems here in Washington County and can pose a risk to community safety. The new timelines do not consider whether the defendant can actually participate in their own defense. This means that patients who must return to their local jurisdiction before treatment is complete are not able to stabilize and receive care in an appropriate environment.

The County has a system of mental health care within the community that can provide “restoration services” to most returning aid and assist defendants. However, there are other individuals who may be a serious threat to public safety and need a secure environment to complete restoration that doesn’t currently exist outside of the Oregon State Hospital.