OAR 309-090-0025
Content of Written Evaluations Assessing Competency and Criminal Responsibility
(1)
At minimum each forensic evaluation report shall include the following:(a)
Identifying information of the defendant or youth, a description of the forensic examination, criminal charges, the referral source and the referral question;(b)
The evaluative procedure, techniques and tests used in the examination and the purpose for each, informed consent and limits of confidentiality;(c)
Background information, relevant history of mental and physical illnesses, substance use and treatment histories, medications, hospital or jail course, and current setting.(d)
Summary of a mental status examination;(e)
A substantiated diagnosis in the terminology of the American Psychiatric Association’s current Diagnostic and Statistical Manual of Mental Disorders (DSM 5) of the American Psychiatric Association;(f)
Address the possibility of malingering in every evaluation report; and(g)
A summary of relevant records reviewed for the evaluation.(2)
In a fitness to proceed forensic evaluation, the evaluator shall also include, at a minimum, opinions and explanations related to the defendant’s or youth’s:(a)
Understanding of his or her 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.(3)
In a fitness to proceed forensic evaluation under ORS 161.365 (Procedure for determining issue of fitness to proceed), the evaluator shall also include an opinion and explanation as to whether the defendant requires a hospital level of care due to their dangerousness and the acuity of symptoms of the defendant’s qualifying mental disorder. In all other evaluations, the evaluator shall not opine on the defendant’s or youth’s need for hospital level of care due to their dangerousness and the acuity of symptoms of their qualifying mental disorder, unless the community mental health program or a treatment provider is not able to make that determination.(4)
In a fitness to proceed forensic evaluation, the evaluator shall:(a)
Include a recommendation of treatment and other services necessary for the defendant to gain or restore capacity; and(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.(5)
In criminal responsibility forensic evaluations, the evaluator shall include in their report, 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.
Source:
Rule 309-090-0025 — Content of Written Evaluations Assessing Competency and Criminal Responsibility, https://secure.sos.state.or.us/oard/view.action?ruleNumber=309-090-0025.