Determination of fitness to proceed
- proceedings upon finding of unfitness
- commitment
- rules
Source:
Section 161.370 — Determination of fitness to proceed; proceedings upon finding of unfitness; commitment; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html
(accessed May 26, 2025).
Notes of Decisions
Holding incapacitated criminal defendant in jail for extended period pending acceptance by state mental hospital violates defendant’s due process rights. Oregon Advocacy Center v. Mink, 322 F3d 1101 (9th Cir. 2003)
Where trial court finds, based on medical evidence, that defendant is not fit to stand trial, this section implicitly authorizes court to issue Sell order to administer antipsychotic medications to defendant to enable defendant to stand trial, regardless of whether doctor agrees that antipsychotic medication is medically necessary. Oregon State Hospital v. Butts, 358 Or 49, 359 P3d 1187 (2015)
Defendant who must be discharged under this section is one who is presently committed :B1. not one who is in community restoration or supervised release :B1. and has also been committed for maximum allowable period of time. State v. Givens, 321 Or App 689, 517 P3d 1021 (2022), Sup Ct review denied
Legislature intended to provide for discharge when process of enabling defendant to become fit for trial or to be transferred to less restrictive restorative care has not been successful. State v. Givens, 321 Or App 689, 517 P3d 1021 (2022), Sup Ct review denied
Because defendant was not committed at relevant time, as matter of law, trial court was not required to dismiss refiled charges under this section solely because defendant remained unfit for trial and had previously been committed for maximum period of time allowed under this section. State v. Givens, 321 Or App 689, 517 P3d 1021 (2022), Sup Ct review denied