Oregon Revised Statutes Chapter 161 § 161.371 — Procedures upon commitment of defendant; placement process; maximum term of

Procedures upon commitment of defendant; placement process; maximum term of commitment. (1) The superintendent of a state mental hospital or director of a facility to which the defendant is committed under ORS 161.370 shall cause the defendant to be evaluated by a certified evaluator within 60 days from the defendant’s delivery into the superintendent’s or director’s custody, for the purpose of determining whether there is a substantial probability that, in the foreseeable future, the defendant will have fitness to proceed. In addition, the superintendent or director shall: (a) Immediately notify the committing court if the defendant, at any time, gains or regains fitness to proceed or if there is no substantial probability that, within the foreseeable future, the defendant will gain or regain fitness to proceed. (b) Within 90 days of the defendant’s delivery into the superintendent’s or director’s custody, notify the committing court that: (A) The defendant has present fitness to proceed; (B) There is no substantial probability that, in the foreseeable future, the defendant will gain or regain fitness to proceed; or (C) There is a substantial probability that, in the foreseeable future, the defendant will gain or regain fitness to proceed. If the probability exists, the superintendent or director shall give the court an estimate of the time in which the defendant, with appropriate treatment, is expected to gain or regain fitness to proceed. (c) Notify the court if court-ordered involuntary medication is necessary for the defendant to gain or regain fitness to proceed and, if appropriate, submit a report to the court under ORS 161.372. (2)(a) If the superintendent of the state mental hospital or director of the facility to which the defendant is committed determines that there is a substantial probability that, in the foreseeable future, the defendant will gain or regain fitness to proceed, unless the court otherwise orders, the defendant shall remain in the superintendent’s or director’s custody where the defendant shall receive treatment designed for the purpose of enabling the defendant to gain or regain fitness to proceed. In keeping with the notice requirement under subsection (1)(b) of this section, the superintendent or director shall, for the duration of the defendant’s period of commitment, submit a progress report to the committing court, concerning the defendant’s fitness to proceed, at least once every 180 days as measured from the date of the defendant’s delivery into the superintendent’s or director’s custody. (b) A progress report described in paragraph (a) of this subsection may consist of an update to: (A) The original examination report conducted under ORS 161.365; or (B) An evaluation conducted under subsection (1) of this section, if the defendant did not receive an examination under ORS 161.365. (3)(a) Notwithstanding subsection (2) of this section, if the superintendent of the state mental hospital or director of the facility to which the defendant is committed determines that a hospital level of care is no longer necessary due to the acuity of symptoms of the defendant’s qualifying mental disorder, the superintendent or director may file notice of the determination with the court. Upon receipt of the notice, the court shall order that a community mental health program director or the director’s designee, within five judicial days: (A) Consult with the defendant and with any local entity that would be responsible for providing community restoration services, if the defendant were to be released in the community, to determine whether community restoration services are present and available in the community; (B) Determine, if the defendant is subject to a secure placement determination under ORS 161.370 (7), whether a placement at a facility that is of the most restrictive class under the classification system described in ORS 426.035 is present and available; and (C) Provide the court and the parties with a report with recommendations from the consultation. (b) As part of the consultation described in paragraph (a) of this subsection, the director or designee may be assisted by any staff member of the Oregon Health Authority who is able to assist in identifying and securing placements. If the director or designee identifies one or more appropriate placements for the defendant, the director or designee shall specify the placements in the consultation report. (c) If the defendant is subject to a secure placement determination under ORS 161.370 (7), the director or designee may recommend a placement option other than a placement at a facility that is of the most restrictive class under the classification system described in ORS 426.035 only if, in the opinion of the director, the defendant may be appropriately served in such an environment. (d)(A) If, during the consultation, the director or designee determines that there