Or. Admin. Code § 309-088-0105

Current through Register Vol. 63, No. 10, October 1, 2024

Section 309-088-0105 - Purpose and Scope

(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 environment that is clinically indicated.

(2) These rules establish the standards for community consultations to occur and encourages collaboration between the Court, State Hospital, Community Mental Health Program (CMHP), tribal entities, Coordinated Care Organizations (CCO), and parties to the case to the extent permitted by law.

MHS 13-2017, temporary adopt filed 10/23/2017, effective 10/23/2017 through 04/20/2018; MHS 2-2018, adopt filed 02/05/2018, effective 2/5/2018; BHS 9-2019, temporary amend filed 07/16/2019, effective 07/16/2019 through 01/11/2020; BHS 18-2021, temporary amend filed 08/18/2021, effective 8/18/2021 through 2/13/2022; BHS 3-2022, amend filed 01/24/2022, effective 2/1/2022

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

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