161.371 Procedures upon commitment of defendant; placement process; maximum term of commitment

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161.371 Procedures upon commitment of defendant; placement process; maximum term of commitment.

(1)The superintendent of a state mental hospital or director of a facility to which the defendant is committed under ORS 161.370 shall cause the defendant to be evaluated by a certified evaluator within 60 days from the defendant’s delivery into the superintendent’s or director’s custody, for the purpose of determining whether there is a substantial probability that, in the foreseeable future, the defendant will have fitness to proceed. In addition, the superintendent or director shall:

(a)Immediately notify the committing court if the defendant, at any time, gains or regains fitness to proceed or if there is no substantial probability that, within the foreseeable future, the defendant will gain or regain fitness to proceed.

(b)Within 90 days of the defendant’s delivery into the superintendent’s or director’s custody, notify the committing court that:

(A)The defendant has present fitness to proceed;

(B)There is no substantial probability that, in the foreseeable future, the defendant will gain or regain fitness to proceed; or

(C)There is a substantial probability that, in the foreseeable future, the defendant will gain or regain fitness to proceed. If the probability exists, the superintendent or director shall give the court an estimate of the time in which the defendant, with appropriate treatment, is expected to gain or regain fitness to proceed.

(c)Notify the court if court-ordered involuntary medication is necessary for the defendant to gain or regain fitness to proceed and, if appropriate, submit a report to the court under ORS 161.372.

(2)(a) If the superintendent of the state mental hospital or director of the facility to which the defendant is committed determines that there is a substantial probability that, in the foreseeable future, the defendant will gain or regain fitness to proceed, unless the court otherwise orders, the defendant shall remain in the superintendent’s or director’s custody where the defendant shall receive treatment designed for the purpose of enabling the defendant to gain or regain fitness to proceed. In keeping with the notice requirement under subsection (1)(b) of this section, the superintendent or director shall, for the duration of the defendant’s period of commitment, submit a progress report to the committing court, concerning the defendant’s fitness to proceed, at least once every 180 days as measured from the date of the defendant’s delivery into the superintendent’s or director’s custody.

(b)A progress report described in paragraph

(a)of this subsection may consist of an update to:

(A)The original examination report conducted under ORS 161.365; or

(B)An evaluation conducted under subsection

(1)of this section, if the defendant did not receive an examination under ORS 161.365.

(3)(a) Notwithstanding subsection

(2)of this section, if the superintendent of the state mental hospital or director of the facility to which the defendant is committed determines that a hospital level of care is no longer necessary due to the acuity of symptoms of the defendant’s qualifying mental disorder, the superintendent or director may file notice of the determination with the court. Upon receipt of the notice, the court shall order that a community mental health program director or the director’s designee, within five judicial days:

(A)Consult with the defendant and with any local entity that would be responsible for providing community restoration services, if the defendant were to be released in the community, to determine whether community restoration services are present and available in the community;

(B)Determine, if the defendant is subject to a secure placement determination under ORS 161.370 (7), whether a placement at a facility that is of the most restrictive class under the classification system described in ORS 426.035 is present and available; and

(C)Provide the court and the parties with a report with recommendations from the consultation.

(b)As part of the consultation described in paragraph

(a)of this subsection, the director or designee may be assisted by any staff member of the Oregon Health Authority who is able to assist in identifying and securing placements. If the director or designee identifies one or more appropriate placements for the defendant, the director or designee shall specify the placements in the consultation report.

(c)If the defendant is subject to a secure placement determination under ORS 161.370 (7), the director or designee may recommend a placement option other than a placement at a facility that is of the most restrictive class under the classification system described in ORS 426.035 only if, in the opinion of the director, the defendant may be appropriately served in such an environment.

(d)(A) If, during the consultation, the director or designee determines that there are one or more appropriate placements for the defendant, the consultation report must contain information, when available, on whether the proposed placements are currently accepting referrals or have an open waiting list.

(B)If, during the consultation, the director or designee determines that there are no appropriate placements for the defendant, the director shall notify the Oregon Health Authority. The director or designee shall provide in the consultation report information concerning why there are no appropriate placements. Upon the court’s receipt of the report, the defendant’s commitment is continued, and no further action of the court is required except as described in subsection

(6)of this section.

(4)(a) Upon the provision to the court and the parties of a consultation report with recommended placements under subsection (3)(d)(A) of this section, either party may object to any placement option by filing a motion within 10 days after the date the consultation report was provided.

(b)Except as otherwise provided in paragraphs

(c)and

(d)of this subsection, the court shall, within 10 days after the filing of an objection under paragraph

(a)of this subsection, set a hearing for the purpose of hearing the objection.

(c)At either party’s request, or on the court’s own motion, the court may defer hearing the objection until the placement hearing described in subsection

(5)of this section.

(d)If both parties object to all proposed placements, the defendant’s commitment is continued, and no further action of the court is required except as described in subsection

(6)of this section.

(e)If both parties indicate, prior to the expiration of the time period for filing an objection, that neither party will be filing an objection, the court shall notify the community mental health program director and proceed as described in subsection

(5)of this section.

(f)At the hearing on the objection, the court shall determine whether to grant the objection to a proposed placement. If the court:

(A)Finds that a proposed placement subject to the objection is not appropriate, the court shall grant the objection motion with respect to that placement. If a proposed placement option remains following the court’s decision on the motion, the court shall proceed as described in subsection

(5)of this section. If no proposed placement options remain following the court’s decision, the commitment of the defendant is continued, and no further action of the court is required except as described in subsection

(6)of this section.

(B)Finds that a proposed placement subject to an objection is appropriate, the court shall deny the motion with respect to that placement and proceed as described in subsection

(5)of this section.

(g)At a hearing described in this subsection, the court may enter an order continuing the defendant’s commitment and directing the community mental health program director to discontinue attempts to identify appropriate placements for the defendant.

(h)A hearing described in this subsection is a critical stage of the proceeding for purposes of ORS 147.500 to 147.550.

(5)(a) If a motion to object to a proposed placement is not filed, if the court defers hearing an objection to a proposed placement or if an appropriate placement option remains following a hearing described in subsection

(4)of this section, the community mental health program director shall continue to attempt to secure all proposed placements for the defendant that were not subject to a granted objection and shall provide a placement status update, in the form of a written memo or report, to the court no less frequently than every 30 days.

(b)As soon as the director has secured a placement for the defendant and obtained an anticipated availability date for the placement, the director shall immediately notify the court and the parties, and when possible provide information concerning the availability date and the timing of transfer to the placement.

(c)The court shall hold a hearing as soon as practicable after receiving the notice described in paragraph

(b)of this subsection to confirm the placement and set any conditions of release. The court may hear an objection filed under subsection

(4)of this section that was deferred, or may hear a new or renewed objection upon the showing of changed circumstances or new information by the objecting party.

(d)A hearing described this subsection is a critical stage of the proceeding for purposes of ORS 147.500 to 147.550.

(6)(a) If the report from the consultation described in subsection

(3)of this section does not identify any appropriate placements for the defendant, if no appropriate placement options remain following the granting of a motion objecting to a proposed placement, or if both parties object to all proposed placements:

(A)The community mental health program director shall continue to regularly evaluate placement options for the defendant, using guidance from the consultation report, and provide status updates to the court, in the form of a written memo or report, no less frequently than every 30 days.

(B)The court may at any time set a hearing on the case and enter appropriate orders, including an order directing the community mental health program director to discontinue evaluating placement options for the defendant until a new notice is received under subsection (3)(a) of this section. If the court enters such an order, the superintendent of the state mental hospital or director of the facility to which the defendant is committed may only issue a new notice under subsection (3)(a) of this section if circumstances regarding the defendant or available placement options have changed.

(b)If the community mental health program director identifies an appropriate placement for the defendant while evaluating placement options under paragraph (a)(A) of this subsection, the director shall immediately notify the court and the parties. If the defendant is subject to a secure placement determination under ORS 161.370 (7), the director or designee may recommend a placement option other than a placement at a facility that is of the most restrictive class under the classification system described in ORS 426.035 only if, in the opinion of the director, the defendant may be appropriately served in such an environment. The parties may file a motion objecting to any of the placement options as described in subsection

(4)of this section.

(7)(a) Notwithstanding ORS 161.370 (7)(d), the determination by a court under ORS 161.370 (7), that the defendant may only be discharged to a facility that is of the most restrictive class under the classification system described in ORS 426.035, may be reconsidered by the court at the request of either party, or on the court’s own motion, as part of a hearing on an objection to a placement under subsection

(4)of this section or during a hearing described in subsection

(5)of this section, only when there has been a substantial change in the defendant’s circumstances since the original determination.

(b)The court shall consider the criteria described in ORS 161.370 (7)(b) when reconsidering the determination under this subsection.

(c)A hearing at which the court reconsiders the determination under this subsection is a critical stage of the proceeding for purposes of ORS 147.500 to 147.550.

(8)(a) If a defendant remains committed under this section, the court shall determine within a reasonable period of time whether there is a substantial probability that, in the foreseeable future, the defendant will gain or regain fitness to proceed. However, regardless of the number of charges with which the defendant is accused, in no event shall the defendant be committed for longer than whichever of the following, measured from the defendant’s initial custody date, is shorter:

(A)Three years; or

(B)A period of time equal to the maximum sentence the court could have imposed if the defendant had been convicted.

(b)For purposes of calculating the maximum period of commitment described in paragraph

(a)of this subsection:

(A)The initial custody date is the date on which the defendant is first committed under this section on any charge alleged in the accusatory instrument; and

(B)The defendant shall be given credit against each charge alleged in the accusatory instrument:

(i)For each day the defendant is committed under this section, whether the days are consecutive or are interrupted by a period of time during which the defendant has gained or regained fitness to proceed; and

(ii)Unless the defendant is charged on any charging instrument with aggravated murder or a crime listed in ORS 137.700 (2), for each day the defendant is held in jail before and after the date the defendant is first committed, whether the days are consecutive or are interrupted by a period of time during which the defendant lacks fitness to proceed.

(c)The superintendent of the state mental hospital or director of the facility to which the defendant is committed shall notify the committing court of the defendant’s impending discharge 30 days before the date on which the superintendent or director is required to discharge the defendant under this subsection.

(9)(a) All notices required under this section shall be filed with the court and may be filed electronically. The clerk of the court shall cause copies of the notices to be delivered to both the district attorney and the counsel for the defendant.

(b)When the committing court receives a notice from the superintendent or director under subsection

(1)of this section concerning the defendant’s progress or lack thereof, or under subsection

(8)of this section concerning the defendant’s impending discharge, the committing court shall determine, after a hearing if a hearing is requested, whether the defendant presently has fitness to proceed.

(10)If at any time the court determines that the defendant lacks fitness to proceed, the court shall further determine whether the defendant is entitled to discharge under subsection

(8)of this section. If the court determines that the defendant is entitled to discharge under subsection

(8)of this section, the court shall dismiss, without prejudice and in accordance with ORS 161.367 (6), all charges against the defendant and:

(a)Order that the defendant be discharged; or

(b)Initiate commitment proceedings under ORS 426.070, 426.701 or 427.235 to 427.292. [2021 c.395 §5; 2023 c.227 §3; 2025 c.175 §8; 2025 c.559 §53]

(Temporary provisions relating to maximum periods of commitment and community restoration)

Note: Sections 43 to 48, chapter 559, Oregon Laws 2025, provide:

Sec. 43. Sections 44 to 46 of this 2025 Act are added to and made a part of ORS 161.355 to 161.371. [2025 c.559 §43]

Sec. 44.

(1)As used in this section and section 45 of this 2025 Act:

(a)“Authority” means the Oregon Health Authority.

(b)“Contempt charge” means a contempt charge alleging the violation of a court order issued under ORS 30.866, 107.700 to 107.735, 124.005 to 124.040, 133.035, 163.730 to 163.750, 163.760 to 163.777 or 166.525 to 166.543.

(c)“Person Class A misdemeanor” has the meaning given that term in the rules of the Oregon Criminal Justice Commission.

(d)“Violent felony” means a felony offense in which there was an actual or threatened serious physical injury to the victim, or a felony sexual offense.

(2)When the court has determined that a defendant lacks fitness to proceed under ORS 161.370 (2), the provisions of this section and section 45 of this 2025 Act apply notwithstanding any provision to the contrary in ORS 161.370 and 161.371.

(3)Notwithstanding ORS 161.370

(4)and 161.371 (8)(a):

(a)If the most serious offense in the charging instrument is a violation or a misdemeanor other than a person Class A misdemeanor, the court may not commit the defendant to the custody of the superintendent of a state mental hospital or director of a facility designated by the authority if the defendant is at least 18 years of age, or to the custody of the director of a secure intensive community inpatient facility designated by the authority if the defendant is under 18 years of age, under any circumstances.

(b)If the most serious offense in the charging instrument is a person Class A misdemeanor or a contempt charge, the maximum time period that the defendant may be committed to the custody of the superintendent of a state mental hospital or director of a facility designated by the authority if the defendant is at least 18 years of age, or to the custody of the director of a secure intensive community inpatient facility designated by the authority if the defendant is under 18 years of age, is 90 days. The time period may be extended by the court as described in subsection

(5)of this section by an additional 90 days, up to a total of 180 days.

(c)If the most serious offense in the charging instrument is a felony other than aggravated murder, a violent felony or a crime listed in ORS 137.700 (2), the maximum time period that the defendant may be committed to the custody of the superintendent of a state mental hospital or director of a facility designated by the authority if the defendant is at least 18 years of age, or to the custody of the director of a secure intensive community inpatient facility designated by the authority if the defendant is under 18 years of age, is six months. The time period may be extended by the court as described in subsection

(5)of this section by an additional six months, up to a total of 12 months.

(d)If the most serious offense in the charging instrument is aggravated murder, a violent felony or a crime listed in ORS 137.700 (2), the maximum time period that the defendant may be committed to the custody of the superintendent of a state mental hospital or director of a facility designated by the authority if the defendant is at least 18 years of age, or to the custody of the director of a secure intensive community inpatient facility designated by the authority if the defendant is under 18 years of age, is 12 months. The time period may be extended by the court as described in subsection

(5)of this section by an additional six months, up to a total of 18 months.

(4)(a) The superintendent of the state mental hospital or director of another facility to which a defendant is committed shall provide notice to the court and the parties that the defendant is reaching the end of the initial maximum period of commitment described in subsection (3)(b) to

(d)of this section at least 60 days before the end of the period.

(b)Upon the receipt by the court of a petition or other request for an extension of a maximum period of commitment under subsections

(5)to

(9)of this section, the defendant shall remain committed at the state mental hospital or other facility pending a decision on the request.

(c)Upon reaching a decision on a request for an extension of a maximum commitment period under subsections

(5)to

(9)of this section, the court shall prepare a written order, and shall include in the order the reasons for granting or denying the request.

(5)(a) The court may extend the initial maximum period of commitment, up to the total amounts specified in subsection (3)(b) to

(d)of this section, upon the request of a party as provided in this subsection.

(b)Upon receipt of the notice described in subsection (4)(a) of this section, a party may petition for an extension to the initial maximum period of commitment. If the most serious offense in the charging instrument is a felony, the petition must be filed within 30 days of receipt of the notice. If the most serious offense in the charging instrument is a misdemeanor, the petition must be filed no later than five days prior to the end of the initial maximum period of commitment.

(c)Notwithstanding paragraph

(b)of this subsection, if the most serious offense in the charging instrument is a misdemeanor and the evaluation and notice required under ORS 161.371

(1)is submitted to the court within five days before the expiration of the initial maximum commitment period, the commitment of the defendant is automatically extended by five days to allow for the filing of a petition under this subsection.

(d)The court may grant the petition and extend the initial maximum commitment period, up to the total amounts specified in subsection (3)(b) to

(d)of this section, if the court finds:

(A)The person continues to meet the requirements for commitment under ORS 161.370 (3)(a) or (4)(a), as applicable; and

(B)There is a substantial probability that continued commitment will lead to a determination that the defendant has gained or regained fitness to proceed within the extension time period.

(e)When making the determinations described in paragraph

(d)of this subsection, the court shall consider:

(A)Clinical data of the defendant’s progress toward gaining or regaining fitness to proceed;

(B)Evidence that the defendant’s lack of fitness is not due to a condition that is unlikely to result in the defendant gaining or regaining fitness to proceed, such as a significant neurocognitive disorder or a significant neurodevelopmental disability disorder;

(C)Evidence regarding the outcome of prior efforts at restoring the defendant’s fitness to proceed; and

(D)Any other relevant information the court decides to consider.

(f)If the court grants the petition and:

(A)The most serious offense in the charging instrument is a felony, the superintendent or director must receive any order extending the commitment under this subsection prior to the expiration of the initial maximum commitment period described in subsection

(3)of this section or, if the report required by ORS 161.371 (2)(a) is submitted to the court fewer than 10 days prior to the expiration of the initial maximum commitment period, no later than 10 days after the receipt of the report.

(B)The most serious offense in the charging instrument is a misdemeanor, the superintendent or director must receive any order extending the commitment under this subsection prior to the expiration of the initial maximum commitment period described in subsection

(3)of this section or, if the evaluation and notice required under ORS 161.371

(1)is submitted to the court fewer than five days prior to the expiration of the initial maximum commitment period, no later than five days after the petition for the extension is filed.

(6)(a) The court may extend the period of commitment by up to 30 days for the purposes of discharge planning and coordination, as provided in this subsection.

(b)The superintendent of the state mental hospital, the director of the facility to which the defendant is committed, or the designee of the superintendent or director, shall provide notice to the court and to the parties if the defendant cannot be placed immediately in an identified placement after a referral has been submitted, but there is a reasonable expectation that the placement will be secured within 30 days.

(c)Prior to the end of the commitment period, either party, or the court on its own motion, may request an extension of the period of commitment of up to 30 days. Either party may object to the extension.

(d)The court may grant the request for an extension if the court determines that the defendant cannot be placed immediately in an identified placement after a referral has been submitted, but there is a reasonable expectation that the placement will be secured within 30 days.

(e)The failure of the community mental health program director to coordinate discharge planning does not constitute justification for granting a request for an extension under this subsection.

(f)An order granting a request for an extension under this subsection must be received by the superintendent of the state mental hospital, or the director of the facility to which the defendant is committed, at least five days prior to the expiration of the applicable maximum period of commitment described in subsection

(3)of this section and any extensions previously authorized, or within five days of the request for an extension under this subsection, if fewer than five days remained in the maximum commitment and extension period when the request was submitted.

(g)An extension of commitment under this subsection is independent of and may be authorized in addition to any other extension authorized under this section, but when combined with other extensions the total period of commitment may not exceed the time period described in subsection (10)(d) of this section.

(7)(a) Notwithstanding subsection

(3)of this section, any maximum periods of commitment described in subsection (3)(b) to

(d)of this section may be extended when there is evidence that the defendant is engaging in malingering or impression management as provided in this subsection.

(b)Upon receipt of the notice described in subsection (4)(a) of this section, the district attorney may petition for an extension to the maximum period of commitment. The petition must be submitted within 30 days of receipt of the notice.

(c)The court may grant the petition if the court finds that an evaluation prepared by a certified evaluator states that there is evidence that the defendant is engaging in malingering or impression management and the evaluator has determined that additional time is necessary to resolve the defendant’s clinical picture for restoration.

(d)If the court grants the petition:

(A)The superintendent or director must receive any order extending the commitment under this subsection prior to the expiration of the applicable maximum commitment and extension period.

(B)The court shall conduct a review hearing on the status of the defendant’s fitness to proceed at least every 180 days in accordance with ORS 161.371. At each review hearing, the court may continue the commitment for an additional 180 days if the court makes the findings described in paragraph

(c)of this subsection, but under no circumstances may the total commitment period, including any other extension authorized under this section, exceed the time period described subsection (10)(d) of this section.

(8)(a) Notwithstanding subsection

(3)of this section, if the most serious charge in the charging instrument is aggravated murder, a violent felony or a crime listed in ORS 137.700 (2), any maximum period of commitment described in subsection (3)(d) of this section may be extended as provided in this subsection.

(c)The court may grant the petition if the court determines:

(A)By clear and convincing evidence, that there is a danger of physical injury or sexual victimization to the victim or a member of the public if the defendant is discharged from the hospital or other facility;

(B)The defendant meets the requirements for commitment described in ORS 161.370 (3)(a); and

(C)There is a substantial probability that continued commitment will lead to a determination that the defendant has gained or regained fitness to proceed within the 180-day extension.

(d)When making the determinations described in paragraph

(c)of this subsection, the court shall consider:

(A)Clinical data of the defendant’s progress toward gaining or regaining fitness to proceed;

(C)Evidence regarding the outcome of prior efforts at restoring the defendant’s fitness to proceed; and

(D)Any other relevant information the court decides to consider.

(e)If the court grants the petition:

(A)The superintendent or director must receive any order extending the commitment under this subsection prior to the expiration of the applicable maximum commitment period described in subsection

(3)of this section and any extensions previously authorized.

(d)of this subsection, but under no circumstances may the total commitment period, including any other extension authorized under this section, exceed 36 months.

(9)(a) Upon receipt of a report filed under ORS 161.372

(1)concerning the involuntary administration of medication to the defendant, the district attorney may file a petition requesting an extension to any maximum periods of commitment described in subsection (3)(b) to

(d)of this section as provided in this section.

(b)If the report filed under ORS 161.372

(1)is received within 10 days prior to the end of a maximum commitment period described in subsection (3)(b) to

(d)of this section, the district attorney may file the petition within 10 days after receipt of the report, and the commitment of the defendant shall continue until the end of the 10-day time period.

(c)Upon receipt of a petition described in paragraph

(a)of this subsection, the court shall hold a hearing. If the court orders the involuntary administration of medication under ORS 161.372 at the hearing, the court may extend any maximum periods of commitment described in subsection (3)(b) to

(d)of this section by up to 180 days. The court may renew the extension if the court finds that the criteria described in ORS 161.372 (3)(c) continue to be met.

(d)The superintendent or director must receive any order extending the commitment under this subsection within 30 days of entry of the order.

(e)An extension of commitment under this subsection is independent of and may be authorized in addition to any other extension authorized under this section, but when combined with other extensions the total period of commitment may not exceed the time limits described in subsection (10)(d) of this section.

(10)Notwithstanding ORS 161.371 (8):

(a)The maximum periods for commitment described in this section shall be calculated beginning on the initial day of commitment.

(b)The defendant may not receive credit toward the maximum period of commitment for any day the defendant is held in jail before or after the initial date of commitment.

(c)The defendant shall be given credit toward the maximum period of commitment for any day the defendant is committed to a state mental hospital or other secure residential treatment facility.

(d)Under no circumstances may the total commitment period, including any extensions authorized under this section, exceed whichever of the following is shorter:

(A)The statutory maximum sentence of imprisonment the court could have imposed if the defendant had been convicted of the offense; or

(B)Thirty-six months. [2025 c.559 §44]

Sec. 45.

(1)For purposes of this section, the purpose of community restoration is the restoration of the defendant’s fitness to proceed in order to continue the criminal case.

(2)(a) If the most serious offense in the charging instrument is a violation or a misdemeanor other than a Class A misdemeanor, the maximum time period that the defendant may be ordered to engage in community restoration services is 90 days. The time period may be extended by the court as described in subsection

(3)of this section by an additional 90 days, up to a total of 180 days.

(b)If the most serious offense in the charging instrument is a Class A misdemeanor other than a person Class A misdemeanor, the maximum time period that the defendant may be ordered to engage in community restoration services is 90 days. The time period may be extended by the court as described in subsection

(3)of this section by additional increments of 90 days, to up to a total of 365 days.

(c)If the most serious offense in the charging instrument is a person Class A misdemeanor or a contempt charge, the maximum time period that the defendant may be ordered to engage in community restoration services is six months. The time period may be extended by the court as described in subsection

(3)of this section by additional increments of six months, to up to a total of 18 months.

(d)If the most serious offense in the charging instrument is a felony other than aggravated murder, a violent felony or a crime listed in ORS 137.700 (2), the maximum time period that the defendant may be ordered to engage in community restoration services is 12 months. The time period may be extended by the court as described in subsection

(3)of this section by additional increments of six months, to up to a total of 24 months.

(e)If the most serious offense in the charging instrument is aggravated murder, a violent felony or a crime listed in ORS 137.700 (2), the maximum time period that the defendant may be ordered to engage in community restoration services is 18 months. The time period may be extended by the court as described in subsection

(3)of this section by additional increments of six months, to up to a total of 24 months.

(3)(a) The court may extend the maximum time periods of community restoration services, up to the total amounts specified in subsection

(2)this section, upon the request of a party as provided in this subsection.

(b)A party may petition for an extension to the maximum period of community restoration described in subsection

(2)of this section. The petition must be submitted at least five days prior to the expiration of the maximum period of community restoration. The court may extend the deadline for filing a petition for good cause.

(c)Upon receipt of a petition described in paragraph

(b)of this subsection, the court shall hold a hearing. The hearing must occur within 30 days after the filing of the petition.

(d)The court may extend the community restoration period if the court finds:

(A)There is clear evidence of progress toward the defendant gaining or regaining fitness to proceed; and

(B)That appropriate services are being made available to the defendant.

(e)The petitioning party has the burden of proof.

(f)The court may continue the order for the defendant to participate in community restoration services pending the outcome of the petition.

(4)The following time periods may not be considered when calculating the maximum period of community restoration services under subsection

(2)of this section:

(a)A period of time between a scheduled court appearance at which the defendant fails to appear and the next scheduled court appearance at which the defendant appears, other than an appearance that occurs for the purpose of addressing the failure to appear;

(b)A period of time between a scheduled fitness to proceed evaluation at which the defendant fails to appear and the next scheduled court appearance at which the defendant appears;

(c)A period of time during which the defendant is in violation of a release agreement condition that the court finds negatively impacts the defendant’s ability to participate or engage in community restoration services, as determined by the court;

(d)A period of time during which the defendant is in the custody of a local or state correctional facility;

(e)A period of time during which the defendant fails to make reasonable efforts toward gaining or regaining fitness to proceed, as determined by the court;

(f)A period of time during which the defendant is not attending or complying with community restoration services treatment, and any nonattendance is not excused, as determined by the court;

(g)A period of time during which the defendant is noncompliant with taking or receiving, or verbally refuses to take or receive, prescribed medications, as determined by the court; and

(h)A period of time between the defendant’s absconsion from a secure residential treatment facility or other secure placement and the next scheduled court appearance at which the defendant appears.

(5)When a defendant has been ordered to engage in community restoration services:

(a)The court shall conduct regular status reviews at least every 45 days. The status review may consist of the court reviewing a report to the court by the community mental health program director concerning the defendant’s progress. Any report provided to the court for a status review must include information concerning whether the defendant is making progress toward gaining or regaining fitness to proceed, what services that are being provided to the defendant and the identification of any additional services that are required to meet the defendant’s restoration needs.

(b)The court shall conduct a review hearing at least every 180 days, or every 90 days if the most serious offense in the charging instrument is a violation, a Class B or Class C misdemeanor or a Class A misdemeanor other than a person Class A misdemeanor. At the review hearing, the court shall determine whether the purpose of community restoration is being met, and the court may take any action authorized under ORS 161.370 (2)(c) at the hearing.

(c)The defendant shall be evaluated to determine whether the defendant has gained or regained fitness to proceed at least every 180 days.

(d)If the most serious offense in the charging instrument is a violation, a Class B or Class C misdemeanor or a Class A misdemeanor other than a person Class A misdemeanor, the court shall order that an updated evaluation, to determine whether the defendant has gained or regained fitness to proceed, be conducted and a report submitted to the court prior to the review hearing occurring 90 days after the order to engage in community restoration services is entered.

(e)A community restoration services provider shall immediately notify the court following the defendant’s noncompliance with taking or receiving, or verbal refusal to take or receive, prescribed medications, or noncompliance or unexcused absence from community restoration services treatment. The notice shall contain a description of efforts taken to engage the defendant in taking or receiving medication or attending and complying with treatment services. The community restoration services provider shall additionally notify the court if the defendant thereafter begins taking or receiving prescribed medications or attending and complying with treatment services. [2025 c.559 §45]

Sec. 46.

(1)Upon the issuance of a court order directed to the Oregon Health Authority or the Oregon State Hospital, pursuant to section 44 or 45 of this 2025 Act, continuing the maximum periods of commitment or community restoration services, or continuing commitment to a state mental hospital or other facility under ORS 161.371, the authority or the hospital, by and through counsel, may file a report with the court. The report must be submitted no later than 10 days after entry of the order. The report may consist of a review of the procedural facts of the case and an analysis of those facts under any applicable federal court order or statute.

(2)Upon the request of the court, the Department of Justice may appear on behalf of the authority or hospital to present the report.

(3)Nothing in this section is intended to make the Oregon Health Authority or the Oregon State Hospital a party to the underlying criminal proceeding.

(4)Nothing in this section requires or obligates the court to modify an order described in subsection

(1)of this section. [2025 c.559 §46]

Sec. 47.

(1)Sections 44 to 46 of this 2025 Act become operative on September 29, 2025.

(2)Section 44 of this 2025 Act applies to persons:

(a)Who currently lack fitness to proceed, as previously determined by a court under ORS 161.370, on September 29, 2025; and

(b)Who are determined by a court, under ORS 161.370 and section 50 of this 2025 Act [161.363], to lack fitness to proceed on or after September 29, 2025.

(3)Section 45 of this 2025 Act applies to persons who are determined by a court, under ORS 161.370 and section 50 of this 2025 Act, to lack fitness to proceed on or after September 29, 2025. [2025 c.559 §47]

Sec. 48. Sections 44 to 46 of this 2025 Act are repealed on January 1, 2028. [2025 c.559 §48]