Oregon Administrative Rules
Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES
Division 88 - PLACEMENT OF DEFENDANTS WHO LACK FITNESS TO PROCEED
Section 309-088-0146 - CMHP Responsibilities During Community Restoration

Universal Citation: OR Admin Rules 309-088-0146

Current through Register Vol. 63, No. 9, September 1, 2024

(1) When the Court has ordered that a defendant participate in Community Restoration, the CMHP from the county responsible for attempting to restore a defendant's Fitness to Proceed must individually assess what services are necessary to allow the defendant to gain or regain Fitness to Proceed. The CMHP must provide the identified Community Restoration Services, or coordinate the provision of the identified Community Restoration Services, which must include but are not limited to:

(a) Competency Restoration Services;

(b) Forensic Care Coordination; and

(c) Supportive Services necessary to support community integration.

(2) A defendant found to lack Fitness to Proceed does not automatically require Legal Skills Training to gain or regain Fitness to Proceed. The CMHP must individually assess whether Legal Skills Training is appropriate for the defendant as part of their Competency Restoration Services.

(3) The CMHP Director must provide a status report to the Court if after receipt of the findings reports, the Court orders the defendant to participate in Community Restoration Services, and:

(a) The defendant's mental health Acuity of Symptoms increases to the point of changing their level of care recommendation;

(b) There are concerns about whether the defendant may continue to be safely restored in the community;

(c) If the defendant is not complying with Court-ordered Community Restoration Services;

(d) If the defendant gains or regains Fitness to Proceed; or

(e) As ordered by the Court.

Statutory/Other Authority: ORS 413.042, ORS 430.640 & SB 295 (2021)

Statutes/Other Implemented: ORS 430.640, ORS 430.630, ORS 161.365 & ORS 161.370

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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