OAR 309-091-0050
Other Forensic Discharges

(1) For the purposes of this rule, discharge occurs when the state hospital moves the individual from the state hospital’s psychiatric care to either a community setting or other institutional setting, including but not limited to discharge to a jail.
(2) Individuals committed to the state hospital pursuant to ORS 161.370 (Determination of fitness to proceed) shall be discharged from the state hospital upon any of the following:
(a) The court orders that the individual be discharged from the state hospital or that the underlying criminal charges be dismissed;
(b) When the ORS 161.370 (Determination of fitness to proceed) or 161.365 (Procedure for determining issue of fitness to proceed) evaluation report identifies the patient as either “never able” or “able” to aid in the patient’s own defense, or when the patient has reached the maximum commitment time under ORS 161.370 (Determination of fitness to proceed) or 161.365 (Procedure for determining issue of fitness to proceed).
(3) The state hospital shall send notice of the evaluation finding to the court pursuant to ORS 161.370 (Determination of fitness to proceed) or 161.365 (Procedure for determining issue of fitness to proceed).
(4) Individuals who are committed under ORS 161.370 (Determination of fitness to proceed) shall be discharged within a period of time that is reasonable for making a determination concerning whether or not and when the defendant may gain or regain capacity. However, regardless of the number of charges with which the defendant is accused, in no event shall the defendant be committed for longer than whichever of the following, measured from the defendant’s initial custody date, is shorter:
(a) Three years; or
(b) A period of time equal to the maximum sentence the court could have imposed if the defendant had been convicted of charges.
(5) For purposes of calculating the maximum period of commitment described in subsection (4):
(a) The initial custody date is the date on which the defendant is first committed under this section on any charge alleged in the accusatory instrument; and
(b) The defendant shall be given credit against each charge alleged in the accusatory instrument:
(A) For each day the defendant is committed under this section, whether the days are consecutive or are interrupted by a period of time during which the defendant has gained or regained fitness to proceed; and
(B) Unless the defendant is charged with aggravated murder or a crime listed in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences)(2), for each day the defendant is held in jail, whether the days are consecutive or are interrupted by a period of time during which the defendant lacks fitness to proceed.

Source: Rule 309-091-0050 — Other Forensic Discharges, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-091-0050.

Last Updated

Jun. 8, 2021

Rule 309-091-0050’s source at or​.us