CMHP Responsibilities During Community Restoration

1. (1) The County of Responsibility carries out the responsibilities set forth within this rule set, regardless of where the defendant is placed. If applicable the County of Responsibility works in collaboration with the County of Residence or other counties where the defendant has a concurrent fitness to proceed case.

2. (2) When the Court has ordered that a defendant participate in Community Restoration, the CMHP from the county responsible for attempting to restore a defendant’s Fitness to Proceed must individually assess what services are necessary to allow the defendant to gain or regain Fitness to Proceed. The CMHP must provide the identified Community Restoration Services, or coordinate the provision of the identified Community Restoration Services which must include but are not limited to:

   1. (a) Competency Restoration Services;
   2. (b) Forensic Care Coordination; and
   3. (c) Supportive Services necessary to support community integration.
3. (3) A defendant found to lack Fitness to Proceed does not automatically require Legal Skills Training to gain or regain Fitness to Proceed. The CMHP must individually assess whether Legal Skills Training is appropriate for the defendant as part of their Competency Restoration Services.
4. (4) At the request of the Court, the CMHP Director must provide a Community Restoration Status Report for regular 45-day status reviews to the Authority and the court using the Community Restoration Status Report/Immediate Notification Report form.

5. (5) The Community Restoration Status Report must be completed in collaboration with entities or placements providing the defendant’s Community Restoration Services and completed in accordance with the instructions provided for the report. The Community Restoration Status Report includes:

   1. (a) The defendant's information;
   2. (b) The defendant's initial date ordered to community restoration;
   3. (c) Name and credentials of individual completing report;
   4. (d) Whether acuity of symptoms have increased;
   5. (e) Whether the defendant is making progress in gaining or regaining fitness to proceed;
   6. (f) What services are being provided; and
   7. (g) Whether and what additional services are required to meet the defendant's restoration needs.

6. (6) The CMHP shall have on-going communication and collaboration between the Court or other applicable designated agencies within the criminal justice system, State Hospital, the Authority, Veteran or Military Services, Aging and People with Disability Services, Intellectual and Developmental Disability Services, tribal entities, CCO and providers, to ensure the defendant’s needs are being met in the Least Restrictive Environment. Coordination efforts may include but are not limited to:

   1. (a) Coordination of periodic forensic evaluations at least every 180 days, beginning with the community restoration order date, or as ordered by the court, in collaboration with the defendant’s attorney, to assess Fitness to Proceed;
   2. (b) Communication with providers to coordinate or provide transportation to and from the forensic evaluations and court appearances in the case; and
   3. (c) Communication with providers, at least every 45 days, to receive clinical updates that inform Community Restoration Status Reports while the defendant is in Community Restoration Services; and
   4. (d) Communication of Court ordered requirements, limitations, and court dates to the defendant as clinically indicated.
7. (7) The CMHP shall coordinate the defendant's behavioral health and medical treatment in the community; attempt to conduct an individualized assessment and develop a service plan, as set forth in OAR 309-019-0140, in coordination with the defendant and provider(s) and consistent with any court ordered conditions. If the defendant does not participate in the initial assessment, continued efforts should be made to engage with the defendant to complete the assessment and develop a comprehensive service plan.

8. (8) The Immediate Notification Report must be submitted and completed in accordance with the instructions provided for the report, when the defendant has demonstrated:

   1. (a) Non-compliance or unexcused absence from Community Restoration Services treatment;
   2. (b) Non-compliance with taking or receiving prescribed medications or verbal refusal to take or receive prescribed medications;
   3. (c) Gained or regained fitness to proceed;
   4. (d) Regained compliance with taking or receiving prescribed medications; and/or
   5. (e) Regained compliance with treatment services.
9. (9) The CMHP is responsible for coordinating transition from forensic services for defendants discharging from Community Restoration Services to lower levels of care, including but not limited to updating the defendant's treatment service plan required in OAR 309-019-0140.
10. (10) The Community Restoration Status Reports and Immediate Notification Reports may be completed by a QMHA with approval of a QMHP.
11. (11) Community Restoration Status Reports and Immediate Notification Reports are completed using the “Community Restoration Status Report/Immediate Notification Report" form available at https://www.oregon.gov/oha/HSD/AMH/Pages/Intensive.-Services.aspx
12. (12) Copies of the Community Restoration Status Report or Immediate Notification Report will be automatically to The Authority when each form is completed. CMHPs must separately submit to the Court and parties to the case.

Statutory/Other Authority

ORS 413.042, ORS 430.640, SB 295 (2021) & HB 2005 (2025)

Statutes/Other Implemented

ORS 430.640, ORS 430.630, 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 21-2025, temporary amend filed 09/25/2025, effective 09/29/2025 through 03/27/2026
BHS 22-2024, amend filed 08/30/2024, effective 09/01/2024
BHS 4-2022, adopt filed 01/31/2022, effective 02/01/2022