Current through Register Vol. 63, No. 9, September 1, 2024
(1) At
minimum, each forensic evaluation report shall include the following:
(a) Identifying information of the defendant
or youth;
(b) Description of the
forensic examination;
(c) Criminal
charges;
(d) Referral source and
the referral question;
(e)
Evaluative procedure, techniques and tests used in the examination and the
purpose for each;
(f) Informed
consent and limits of confidentiality;
(g) Summary of relevant records reviewed for
the evaluation;
(h) Background
information and relevant history of mental and physical illnesses;
(i) Substance use and treatment
histories;
(j)
Medications;
(k) Hospital, jail, or
community restoration course;
(l)
Setting where the evaluation interview took place;
(m) Summary of a mental status
examination;
(n) Substantiated
diagnosis in the terminology of the American Psychiatric Association's current
Diagnostic and Statistical Manual of Mental Disorders (DSM-5-TR);
(o) Discussion of the possibility of
malingering.
(2) A
fitness to proceed forensic evaluation report also shall:
(a) Include, at a minimum, opinions and
explanations related to the defendant's or youth's:
(A) Understanding of their charges, the
possible verdicts and the possible penalties;
(B) Understanding of the trial participants
and the trial process;
(C) Ability
to assist counsel in preparing and implementing a defense; and
(D) Ability to make relevant decisions
autonomously.
(b) Not
include the defendant's or youth's statements about the alleged criminal
conduct unless necessary to support the evaluator's finding of competence or
incompetence.
(3) If the
defendant is determined to be incapacitated within the description set out in
ORS 161.360, the forensic evaluation
report shall include a recommendation of treatment and other services necessary
to allow the defendant to gain or regain capacity, including whether a hospital
level of care is required due to the acuity of symptoms of the defendant's
qualifying mental disorder.
(a) A
recommendation that a defendant requires a hospital level of care due to the
acuity of symptoms must be based upon:
(A) The
defendant's current diagnosis and symptomology;
(B) The defendant's current ability to engage
in treatment;
(C) Present safety
concerns relating to the defendant; and
(D) Any other pertinent information known to
the evaluator.
(b) If
the defendant is in a placement in a facility, the evaluator may defer to the
treatment provider's recommendation regarding whether a hospital level of care
is needed.
(4) A
criminal responsibility forensic evaluation report also shall include, at a
minimum, opinions and explanations addressing:
(a) The defendant's or youth's account of the
alleged offense including thoughts, feelings and behavior;
(b) Summary of relevant records including
police reports,
(c) An expert
opinion regarding the role of substance use in the alleged offense;
(d) The defendant's or youth's mental state
at the time of the alleged offense; and
(e) An expert opinion regarding whether the
defendant, as a result of qualifying mental disorder lacks criminal
responsibility.
(5) A
certified evaluator performing an evaluation of a defendant on the issue of
insanity pursuant to ORS
161.309 is not obligated to
evaluate the defendant for fitness to proceed unless, during the evaluation,
the certified evaluator determines that the defendant's fitness to proceed is
drawn in question.
(6) Progress
reports described in ORS
161.371(2).
(a) Progress reports shall delineate any
changes in mental status or clinical functioning related to the defendant's
fitness to proceed that occurred in the period since the most recent prior
evaluation report, including, at a minimum, opinions related to the defendant's
fitness to proceed as outlined in section (2)(a) of this rule.
(b) If the defendant has not regained
capacity, the progress report shall include a recommendation pursuant to
section (3) of this rule.
(c)
Progress reports may consist of an update to:
(A) The original examination report conducted
under ORS 161.365; or
(B) An evaluation conducted under ORS
161.371(1), if
the defendant did not receive an examination under ORS
161.365.
(d) If the progress report consists of an
update as described in sub-section (c) above, the progress report shall
identify which prior evaluation report(s) it is relying upon, including the
docket number(s), date(s), and author(s) of the previous report(s).
(e) Progress reports are not required to
include all criteria listed in section (1) of this rule if the evaluator
determines that the criterion has been adequately addressed in the prior
evaluation report(s) and there is no relevant new or supplemental information
to add for that criterion.
(f)
Progress reports shall not include the defendant's statements about the alleged
criminal conduct unless necessary to support the evaluator's finding of
competence or incompetence.
Statutory/Other Authority: ORS
161.392,
413.042 &
419C.382
Statutes/Other Implemented: ORS
161.290-373,
161.392,
419C.378-386,
419C.411 &
419C.520-529
