Weisberg Law Blog

Criminals in nursing homes… as residents?

A case in Oregon has highlighted a challenge faced by authorities when they try to decide how to care for elderly criminals.  It is a challenge for authorities, and a concern for nursing home residents and their families.

In the Oregon case a 92 year old man shot and killed his daughter and shot and wounded his son.  Police stated that the man was suffering from “mental issues”. 

A judge agreed with the man’s attorneys who stated that the elderly gunman suffers from dementia and was mentally unfit to stand trial.  As a result, the man will be placed in an adult care home instead of in a state mental hospital or prison.

This is not an isolated incident.  It isn’t unusual for states – including Virginia – to house elderly or mentally incapacitated criminals in nursing homes.  In fact, there are documented cases of sex offenders being housed with ‘regular’ nursing home residents, sometimes to the detriment of the residents.

Earlier this year a bill was passed to requires long-term care facilities to register with the state so they can receive information about sex offenders living in or near their facility.  They must also help residents look up information about nearby sex offenders if asked.

Some critics would like to see the law expanded to require that facilities notify residents and their families if a sex offender is living in the same facility.  Some advocates for the elderly go even further and suggest that criminal background checks be done on all nursing home and assisted living patients.

Labels: Virginia nursing home abuse