QuickTake:

The defendant has been found psychologically unfit to proceed with the case against him. A state judge found that, due to a federal court order, the defendant could not be sent to Oregon State Hospital for treatment.

A Lane County judge Wednesday, Oct. 28, dismissed a bank theft case filed against a man found psychologically unfit to proceed.

Justin James Peterson, 37, had been held in Lane County Jail since Eugene police arrested him this past Dec. 29 on suspicion of theft at Key Bank on Coburg Road. He was charged with theft valued at $1,000 or more.

Lane County Circuit Judge Michelle Bassi’s dismissal of the case cited a June federal district court order imposing restrictions on state psychiatric hospital admissions. 

The June federal court order by U.S. District Judge Adrienne Nelson reportedly restricted Oregon State Hospital admissions for pretrial detainees facing certain charges not involving crimes against a person.

Nelson’s order followed noncompliance by the state of Oregon with a longstanding federal order requiring transfer to the psychiatric hospital within seven days for individuals found unfit for criminal court proceedings. After Nelson’s order, the state reportedly came into compliance.

Bassi ordered Peterson unfit to proceed Oct. 15 after a defense attorney in April reported Peterson had stopped taking medication despite earlier being found to have a “mental disorder.”

Peterson declined to communicate with the attorney, and court records state Peterson later declined to meet with a psychologist, according to court documents.

Bassi’s Oct. 28 order also cited closed waitlists for secure residential treatment facilities separate from Oregon State Hospital and the amount of time Peterson had spent in jail relative to a possible sentence if he had been convicted.

“According to the State, if convicted, Defendant’s presumptive sentence on this case would be thirteen (13) months,” Bassi wrote.

The judge made clear that her dismissal of the case was made due to Nelson’s order, however.

“But for the order limiting admissions to OSH, Defendant could have been admitted to OSH for appropriate treatment and services with an opportunity to be restored to fitness safely,” Bassi wrote. 

Oregon State Hospital also admits patients through a civil commitment process, but Bassi noted that “[n]either party presented any evidence that commencement of a civil commitment or a protective proceeding is the appropriate action.”