- (1) Oregon Revised Statutes (ORS) 161.365 and 161.370 recognize that not all criminal defendants who lack Fitness to Proceed (commonly known as aid and assist defendants) need to be committed to the State Hospital or remain in jail but instead should be served in the least restrictive and most integrated environment that is clinically indicated.
- (2) These rules establish the standards for consultations and other required reports to occur and encourages collaboration between the Court, the Authority, State Hospital, Community Mental Health Program (CMHP), providers, tribal entities, Coordinated Care Organizations (CCO), and parties to the case to the extent permitted by law. The CMHP must provide Community Restoration Reports/Immediate Notification Reports to the Court and the Authority for defendants on community restoration, determined by the court to lack Fitness to Proceed under ORS 161.370 on or after September 29, 2025, and Consultation Reports to the Court, parties to the case, the Authority, and the State Hospital as described within the Division 88 rules.
(3) Any CMHP that has not met one or more of the requirements in OAR 309-088-0125, OAR 309-088-0130, and OAR 309-088-0146, which could include but is not limited to completion of Consultation Reports and/or other reports as required, must submit a written Plan of Correction, available at https://www.oregon.gov/oha/HSD/AMH/Pages/Intensive-Services.aspx The CMHP must submit the Plan of Correction within 7 Judicial Days of discovering that they have not met one or more of the requirements or at the request of the Authority. Plans of Corrections must:
- (a) Identify the requirement(s) that was not met and the date, name of the corresponding defendant, court of jurisdiction, and case number;
- (b) Describe the reason(s) for not meeting the requirement(s); and
- (c) Describe the step(s) that the CMHP has taken to prevent recurrence and describe the timeline and person responsible to complete future step(s) to prevent recurrence.
Statutory/Other Authority
ORS 413.042, ORS 430.640, SB 295 (2021) & HB 2005 (2025)
Statutes/Other Implemented
ORS 430.630, ORS 430.640, ORS 161.365 & ORS 161.370
History
BHS 3-2026, amend filed 03/25/2026, effective 03/27/2026
BHS 28-2025, temporary amend filed 12/25/2025, effective 01/01/2026 through 03/27/2026
BHS 3-2022, amend filed 01/24/2022, effective 02/01/2022
BHS 18-2021, temporary amend filed 08/18/2021, effective 08/18/2021 through 02/13/2022
BHS 9-2019, temporary amend filed 07/16/2019, effective 07/16/2019 through 01/11/2020
MHS 2-2018, adopt filed 02/05/2018, effective 02/05/2018
MHS 13-2017, temporary adopt filed 10/23/2017, effective 10/23/2017 through 04/20/2018