2019 Regular Session
|At the request of:||(at the request of Governor Kate Brown for Oregon Health Authority)|
|Bill Title:||Relating to forensic evaluations; and declaring an emergency.|
Modifies procedures related to criminal defendants lacking fitness to proceed.
Provides that when defendant is committed to state mental hospital or other facility for examination on issue of fitness to proceed, examination may include period of observation. Provides that committed defendant be transported to hospital or facility for examination, after which superintendent of hospital or director of facility may return defendant to facility from which defendant was transported, or inform court and parties that defendant requires hospital level of care and request that defendant remain at facility pending fitness to proceed order. Authorizes report concerning defendant's fitness to proceed to be provided to community mental health program director of county in which defendant is charged and county of defendant's last known residence. Restricts availability and use of report. Authorizes court to enter order concerning fitness to proceed, without hearing, based on report from examination if both parties consent. Requires court to receive and consider certain input from community mental health program director or director's designee, and any entity responsible for supervising defendant upon release, after court finds defendant lacks fitness to proceed. Directs court and parties to at hearing determine appropriate action in case. Directs court to consider certain criteria and enter order necessary to implement action. Requires court to make three specified findings before committing defendant to state mental hospital or other facility. Requires review hearing after 14] every seven days for certain defendants not requiring] lacking fitness to proceed who do not require hospital level of care and who remain in custody following fitness determination. Modifies procedures when court receives notice that committed defendant is no longer danger to self or others, that defendant no longer requires hospital level of care, or that resources to treat defendant are available in community. Requires review hearing every seven days when court terminates commitment but defendant remains in custody. Prohibits court from committing defendant lacking fitness to proceed to state mental hospital or other facility when defendant charged only with violation offenses. Restricts circumstances in which court may commit defendant lacking fitness to proceed to state mental hospital or other facility when defendant is] charged only with misdemeanor or violation] misdemeanor offenses. Provides that defendant committed for treatment to restore fitness to proceed receive credit for time served in jail both before and after commitment. Authorizes treatment, as permitted by law, when defendant committed for purposes of conducting examination on issue of mental defense. Restricts availability and use of report resulting from examination. Declares emergency, effective on passage.
|Chapter Number:||Chapter 538|
|Fiscal Impact:||Has Minimal Fiscal Impact|
|Revenue Impact:||No Revenue Impact|
|Measure Analysis:||Staff Measure Summary / Impact Statements|
|Current Location:||Chapter Number Assigned|
|Potential Conflicts of Interest/Vote Explanations:||Potential Conflicts of Interest/Vote Explanation Documents|