Or. Admin. Code § 309-088-0146

Current through Register Vol. 63, No. 12, December 1, 2024

Section 309-088-0146 - CMHP Responsibilities During Community Restoration

(1) 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:

(a) Competency Restoration Services;

(b) Forensic Care Coordination; and

(c) Supportive Services necessary to support community integration.

(2) 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.

(3) The CMHP Director must provide a status report to the Court if after receipt of the findings reports, the Court orders the defendant to participate in Community Restoration Services, and:

(a) The defendant's mental health Acuity of Symptoms increases to the point of changing their level of care recommendation;

(b) There are concerns about whether the defendant may continue to be safely restored in the community;

(c) If the defendant is not complying with Court-ordered Community Restoration Services;

(d) If the defendant gains or regains Fitness to Proceed; or

(e) As ordered by the Court.

Or. Admin. Code § 309-088-0146

BHS 4-2022, adopt filed 01/31/2022, effective 2/1/2022; BHS 22-2024, amend filed 08/30/2024, effective 9/1/2024

Statutory/Other Authority: ORS 413.042, ORS 430.640 & SB 295 (2021)

Statutes/Other Implemented: ORS 430.640, ORS 430.630, ORS 161.365 & ORS 161.370