What Does Guilty Except for Insanity Mean in Oregon?
Case story
In January 2003, Sergeant Damon Coates, along with another Clackamas County Deputy, responded to a 9-1-1 call placed by Nick Teixeira’s family over their concern that, then 15-year old Teixeira’s mental state was declining. When the officers arrived at the home of Teixeria, Coates asked him if he had any weapons, and he answered “no” but proceeded to shoot Sgt. Coates in the face with a stolen .45 caliber handgun.
Tragically, Sgt. Coates, 49, suffered extensive injuries resulting in permanent disabilities and forced the end of his law enforcement career. Coates served as a Public Information Officer (PIO) for the Clackamas County Sheriff’s office and was well liked and respected by those that worked with him. Lars Larson, a friend of Coates, described the former PIO as a friendly, out-going, and warm-hearted man.
In 2003, at 15 years old, Teixeira was sentenced to 20 years of secure mental health supervision. Initially, Teixeira was placed in the adolescent unit of the Oregon State Hospital but was then transferred to a youth facility in Corvallis called the Children’s Farm Home. At age 18, he was returned to the Oregon State Hospital.
Last week, a hearing was held to determine whether Teixeira should be released from the State Hospital and placed in a “secure residential treatment program,” or kept in the State Hospital. Teixeira’s attorney filed the motion triggering Teixeira’s second request for release. At the time of his defense attorney’s motion, Teixeira, now 22, has served only 7 of the 20 years that he was sentenced to serve back in 2003.
Last year’s request and this recent one were both denied by the Psychiatric Security Review Board (PSRB), which has jurisdiction over all defendants found guilty except for insanity. The PSRB has two panels, one for adults and one for juveniles, and is made up of a psychiatrist, psychologist, parole or probation officer, an attorney, and a member of the public.
Guilty Except for Insanity in Oregon
Under ORS 161.295(1), the current Oregon test is that a person is guilty except for insanity if:
- as a result of mental disease or defect,
- at the timeof engaging in criminal conduct,
- the person lacks substantial capacity to either:
- either (a) or (b)
- appreciate the criminality of the conduct, OR
- conform the conduct to the requirements of law
Before an individual is committed to PSRB’s authority, there must be a court finding, or stipulation, that the defendant suffers from a mental disease, and that the defendant is a substantial danger to others. Both elements must be present. Once the trial court makes these findings, the court decides the maximum amount of time the defendant can be under PSRB’s jurisdiction. This decision is based on the amount of time the defendant would have served if criminally responsible. Again, Teixeira is under PSRB jurisdiction for up to 20 years, beginning in 2003.
If a request for a release hearing, like Teixeira’s request, is made, these elements must continue to exist. The PSRB can keep the person at the State Hospital, order an evaluation for a conditional release, or grant a conditional release to either the community or a secured residential-treatment program operated by a community mental health program.
Some of these programs are located in residential areas.
Challenges and Concerns
There are two basic forms of mental illnesses: (1) thought disorders and (2) personality disorders. It is important to separate those that suffer from thought disorders from those that are properly diagnosed with personality disorders. Individuals that suffer from thought disorders can be treated with medications and therapy. However, anti-socials, narcissists, and those who suffer from borderline personality disorders do not respond to, or are not as amenable to, treatment and should be held in the Department of Corrections, not a mental health facility.
Some members of the law enforcement and psychiatric communities have expressed concern that the two new mental health hospitals to be built may not have enough “forensic beds” (beds for those with thought disorders) to sufficiently house the people that belong there. If we have too many individuals that do not belong, we run the risk of overcrowding. An anti-social person that lacks a conscience should not fill a forensic bed.
Unfortunately, since the PSRB’s creation, the percentage of patients in the State Hospital has risen and has created a current shortage of forensic beds at the State Hospital. It has been reported that, per capita, Oregon has one of the higher rates of insanity acquittees (guilty except for insanity) in the United States.
Additional concerns relate to whether or not the “secure residential treatment” facilities are in fact secure. A second concern is the location within residential communities. Some of these facilities are located near schools.
The mentally ill that need treatment, should receive treatment within a secure mental health facility. Those defendants with personality disorders that lack a conscience belong in prison, not a mental health facility.
The mental health reports and records of Nick Teixeira are confidential. My sense is that Damon Coates and his family and friends did not enjoy enduring a second release hearing but are relieved by the PSRB’s determination to hold Teixeria in the State Hospital.
