OAR 309-088-0125
CMHP Responsibilities

(1) When the court has reason to doubt a defendant’s fitness to proceed by reason of incapacity, under ORS 161.365 (Procedure for determining issue of fitness to proceed), the court shall order a CMHP director to consult with the defendant in order to determine whether services and supervision necessary to safely restore the defendant’s fitness to proceed are available in the community.
(2) Within two judicial days after receipt of the court’s community consultation order, the CMHP director shall send acknowledgement to the court of having received the order for consultation.
(3) Initial consultation shall occur through an in-person meeting, and any follow-up consultations may occur through teleconference or video conference.
(4) Within seven judicial days of receiving the community consultation order if the defendant is in custody or ten judicial days if they are out of custody, the CMHP director shall:
(a) Review available records related to defendant’s medical or service needs;
(b) Consult with the defendant to assess whether services and supervision necessary to safely restore the defendant’s fitness to proceed are available in the community;
(c) Submit to the court a findings report describing the outcome of the consultation regarding whether services and supervision necessary to safely restore the defendant’s fitness to proceed are available in the community. The findings report shall be completed using the “Consultation Report Template” available at http:/­/­www.oregon.gov/­oha/­OSH/­LEGAL/­Pages/­information-mental-health-providers.aspx.
(5) The CMHP director shall individually assess what services each defendant requires to gain capacity. Incapacitation does not automatically mean that legal skills training is necessary to gain capacity.
(6) The consultation shall occur and the findings report shall be submitted to the court before the issuance of an order under ORS 161.370 (Determination of fitness to proceed).
(7) If after receipt of the findings reports, the court orders the defendant to participate in services and supervision in the community, and the defendant’s mental health later increases in acuity, or there are concerns about whether the defendant may continue to be safely restored in the community:
(a) The court may authorize the CMHP to conduct additional consultations and submit a new findings report to the court; and
(b) The court may order later that the defendant be committed to the State Hospital for treatment.
(8) If after receipt of the findings report, the court commits the defendant to the custody of the superintendent of the State Hospital:
(a) The court may authorize the CMHP to conduct additional consultations and submit a new findings report to the court; and
(b) The court may order later that the defendant participate in services and supervision in the community.
(9) Each CMHP director shall provide the Authority with a quarterly report, available under “Other Reporting Requirements” at http:/­/­www.oregon.gov/­OHA/­HSD/­AMH/­Pages/­Reporting-Requirements.aspx, outlining the following information for each consultation:
(a) Defendant’s name;
(b) Gender;
(c) Date of birth;
(d) Electronic health record identification number;
(e) SID number;
(f) Consultation referral date;
(g) Consultation face-to-face date;
(h) Date the findings report was provided to the court;
(i) Recommendation from the findings report provided to the court; and
(j) The court’s determination on defendant’s placement.

Source: Rule 309-088-0125 — CMHP Responsibilities, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-088-0125.

Last Updated

Jun. 8, 2021

Rule 309-088-0125’s source at or​.us