Oregon
Rule Rule 309-088-0115
Definitions


(1) “Acuity of symptoms” means intensity and severity of symptoms.
(2) “Authority” means the Oregon Health Authority.
(3) “Behavioral Health Treatment” means treatment for mental health, substance use disorder, and problem gambling.
(4) “Capacity” means that the defendant is able to:
(a) Understand the nature of the proceedings against the defendant;
(b) Assist and cooperate with the counsel of the defendant; and
(c) Participate in the defense of the defendant.
(5) “Community Mental Health Program (CMHP)” means the organization of various services for individuals with a mental health diagnosis or substance use disorders operated by or contractually affiliated with a local mental health authority and operated in a specific geographic area of the state under an agreement with the Division pursuant to OAR chapter 309, division 014.
(6) “CMHP Director” means the director of a CMHP, or designee, who operates or contracts for all services under contract with the Authority.
(7) “Consultation” means a meeting between the CMHP and the defendant under the least restrictive conditions appropriate to assist the court in determining whether the services and supervision necessary to safely restore the defendant’s fitness to proceed are available in the community. This consultation is not an examination regarding fitness to proceed, and, therefore, does not need to be completed by a Certified Forensic Evaluator pursuant to ORS 161.365 (Procedure for determining issue of fitness to proceed) and OAR 309-090.
(8) “Court” means the court with jurisdiction regarding defendant’s fitness to proceed.
(9) “Dangerous” or “Dangerousness” means a significant safety concern to self or others, while the defendant is being restored to trial competency, even with community services or supports. An opinion regarding dangerousness is not an opinion on whether services, supervision, or supports are available in the community.
(10) “Fitness to Proceed” means the same as having capacity.
(11) “Hospital level of care” means inpatient psychiatric assessment or stabilization in a locked and secured, institution with seven days per week, and a 24-hour, onsite psychiatrist available to address behavioral emergencies and order emergency involuntary psychiatric medication, seclusion, restraint, or other interventions necessary to protect the defendant and others.
(12) “Incapacitated” means the defendant is unable to:
(a) Understand the nature of the proceedings against the defendant;
(b) Assist and cooperate with the counsel of the defendant; or
(c) Participate in the defense of the defendant.
(13) “Judicial Day” means a day when court is open.
(14) “Legal Skills Training” means training on courtroom procedures, roles, language, and potential outcomes of the court process.
(15) “Services” may include but are not limited to:
(a) Legal skills training;
(b) Medication management;
(c) Case management;
(d) Behavioral health treatment;
(e) Peer services;
(f) Supported employment;
(g) Psychiatric and medical treatment;
(h) Incidental support such as purchase of food, clothing, or transportation; and
(i) Linkages to benefits and community resources such as SNAP, housing or shelter, Medicaid enrollment, and cash assistance.
(16) “State Hospital” means the Oregon State Hospital system, including all campuses.
(17) “Superintendent” means the chief executive officer of a state hospital, or designee, or an individual authorized by the superintendent to act in the superintendent’s capacity.
(18) “Supervision” means oversight of an Individual’s participation in treatment.
(19) “Unable to Aid and Assist” means the same as “incapacitated,” as defined in these rules.
Source
Last accessed
Sep. 21, 2020