Or. Admin. R. 309-088-0146

Current through Register Vol. 63, No. 6, June 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 of responsible for attempting to restore a defendant's fitness to proceed shall make an individualized assessment to determine what services are necessary to allow the defendant to gain or regain fitness. The CMHP shall provide the identified services, or coordinate the provision of the identified services, which shall include but are not limited to:

(a) Community restoration services; and

(b) Care coordination.

(2) A defendant found to lack capacity does not automatically require legal skills training to gain or regain capacity. The individualized assessment required in OAR 309-088-0145 should be utilized to decide whether the defendant requires legal skills training as part of their restoration services.

(3) The CMHP director shall 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 restoration services;

(d) If the defendant gains or regains fitness to proceed; or

(e) As ordered by the court.

Or. Admin. R. 309-088-0146

BHS 4-2022, adopt filed 01/31/2022, effective 2/1/2022

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