OAR 309-088-0105
Purpose and Scope

(1) Oregon Revised Statutes (ORS) 161.365 (Procedure for determining issue of fitness to proceed) and 161.370 (Determination of fitness to proceed) recognize that not all criminal defendants who lack fitness to proceed (commonly known as Aid and Assist defendants) need to be committed to the State Hospital or remain in jail, but instead should be served in the least restrictive environment that is clinically indicated. The statute requires that "when the court has reason to doubt the defendant’s fitness to proceed by reason of incapacity as described in ORS 161.360 (Qualifying mental disorder affecting fitness to proceed), the court may call any witness to its assistance in reaching its decision and shall order that a community mental health program director or designee consult with the defendant to determine whether services and supervision necessary to safely restore the defendant’s fitness to proceed are available in the community."
(2) These rules establish the standards for community consultations to occur and encourages collaboration between the Court, State Hospital, Community Mental Health Program (CMHP), and parties to the case to the extent permitted by law.
Last Updated

Jun. 8, 2021

Rule 309-088-0105’s source at or​.us