Filed Date: 2016
Case Ongoing
Clearinghouse coding complete
In May 2015, Disability Rights Oregon, a non-profit organization, released the results of an investigation about the Behavioral Health Unit (BHU) at the Oregon State Penitentiary. In the report, the DRO concluded that adults in custody at the BHU were routinely isolated in their cells for 23 hours a day without timely access to mental health care and that mental-health related behaviors were often dealt with through unnecessary force for lack of more proactive responses.
As a response to the DRO's report, the Oregon Department of Corrections (ODOC) conducted a comprehensive review of BHU that included consultation with a nationally-recognized expert. Following that review, DOC and DRO engaged in discussions about improvements to BHU, which were incorporated into a Memorandum of Understanding (MOU), or an unofficial but public agreement.
ODOC and DRO signed the MOU on January 8, 2016.
The MOU, among many things, provided for over 20 hours of guaranteed time a week out of their cells for those held in the BHU. Ten hours of this time would include classes and treatment programs, and ten hours would be unstructured, allowing for out-of-cell meals, phone calls and physical exercise. Other key components of the agreement included making good-faith efforts to hire and retain “sufficient” mental health staff, ensuring “reasonable access to a psychiatric provider,” and improving training of security and clinical staff to deal “with adults in custody with mental illness, including interviewing techniques, medication side effects, and crisis intervention.” [Document 1 in the Clearinghouse]
ODOC also committed to provide DRO with periodic reports regarding the data in the BHU, such as unusual incident reports, disciplinary reports, frequency of group therapy sessions, suicide watches and serious self-injurious behavior, and more.
After reviewing the period reports, DROC agreed to contact ODOC and the Oregon Department of Justice to explore the collaborative development of an improvement plan if the ODOC’s plan is failing to produce the desired effect.
The agreement provided for 48 of review by DROC, with the memorandum ending in January of 2018.
Summary Authors
Susie Choi (2/8/2017)
Last updated Aug. 30, 2023, 3:28 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Oregon
Case Type(s):
Key Dates
Filing Date: 2016
Closing Date: 2018
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Disability Rights Oregon
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Constitutional Clause(s):
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Amount Defendant Pays: 0
Order Duration: 2016 - 2018
Content of Injunction:
Other requirements regarding hiring, promotion, retention
Issues
General:
Staff (number, training, qualifications, wages)
Policing:
Disability and Disability Rights:
Medical/Mental Health:
Intellectual/Developmental Disability
Type of Facility: