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Name: Oregon Advocacy Center v. Mink
Case #: 02-35530
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/06/2003
Subsequent History: None

The refusal of the Oregon state mental hospital to timely receive for treatment those who had been found mentally incompetent to stand trial denied substantive and procedural due process. Continued custody in the county jails for weeks or months until a state hospital bed opened up did not fulfill the statutory obligation of “restorative treatment.” The court upheld the order that the hospital accept a person found incompetent within 7 days of a finding of incapacity.