OAR 309-088-0135
Discharge from the State Hospital for Community Restoration

(1) This rule applies when a defendant has been committed to the custody of the superintendent of the State Hospital.
(2) The superintendent shall file notice with the court if it is determined that a defendant committed under ORS 161.370 (Determination of fitness to proceed) is no longer a danger to self or others as a result of mental illness or defect, or that the services and supervision necessary to restore the defendant’s fitness to proceed become available in the community. The superintendent shall:
(a) Consider the safety of the defendant and the public; and
(b) To the extent permitted or required by law or by court order, discuss with the CMHP the availability of services, supports, and supervision in the community.
(3) The court may authorize the CMHP to conduct additional consultations and submit a new findings report to the court.
(4) The committing court may vacate the order of commitment and use the process described in ORS 161.370 (Determination of fitness to proceed)(6)(b) and ORS 161.370 (Determination of fitness to proceed)(3) to order that the defendant be released on supervision to the community for further restoration subject to conditions that the court determines are appropriate.

Source: Rule 309-088-0135 — Discharge from the State Hospital for Community Restoration, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-088-0135.

Last Updated

Jun. 8, 2021

Rule 309-088-0135’s source at or​.us