Oregon Health Authority
Health Systems Division: Behavioral Health Services - Chapter 309
Division 88
PLACEMENT OF DEFENDANTS WHO LACK FITNESS TO PROCEED
309-088-0125
CMHP Consultations
(1) When ordered by the court the CMHP director shall consult with the defendant and with any local entity that would be responsible for providing community restoration services to the defendant if the defendant were to be released in the community, which includes tribal entities and the defendant’s CCO, to determine whether appropriate community restoration services are present and available in the community.
(2) If the CMHP director determines that appropriate community restoration services are not present and available in the community the community consultation shall include information concerning the specific services necessary to safely allow the defendant to gain or regain fitness to proceed in the community and must specify the necessary services that are not present and available in the community.
(3) Community Consultations shall occur through either an in-person meeting or video conference depending on the defendant’s individual clinical needs.
(4) Within five judicial days of a court issuing a community consultation order the CMHP director shall:
(a) Review available records related to defendant’s medical or service needs;
(b) Consult with the defendant to assess whether appropriate community restoration services are present and available in the community;
(c) Consult with any local agency that would be responsible for providing Community Restoration Services to the defendant if the defendant were to be released in the community;
(d) Submit to the court and parties a findings report describing the outcome of the community consultation regarding whether appropriate community restoration services are present and available in the community. The findings report shall be completed using the “Consultation Report Template” available at http://www.oregon.gov/oha/OSH/LEGAL/Pages/information-mental-health-providers.aspx; and
(e) Submit copies of the findings report described in OAR 309-088-0125 to the Authority by emailing aidand.assistadmin@dhsoha.state.or.us.
(5) The Community Consultation required in OAR 309-088-0125 shall be completed by a Qualified Mental Health Professional.
(6) The CMHP director shall individually assess what services each defendant requires to gain capacity. Incapacitation does not automatically mean that legal skills training is necessary to gain capacity.
(7) If the CMHP director determines that the community restoration services that would mitigate any risk posed by the defendant are present and available in the community, the community mental health program director may file notice of the determination with the court. If the CMHP director files such a determination with the court, the CMHP shall utilize the standardized community consultation template available at http://www.oregon.gov/oha/OSH/LEGAL/Pages/information-mental-health-providers.aspx and titled “Consultation Report Template”.
(8) Any CMHP that has not met one or more of the requirements in OAR 309-088-0125, OAR 309-088-0130, and OAR 309-088-0145 shall submit a written plan of correction to OHA within 7 judicial days of discovering that it has not met one or more of the requirements. Plans of corrections shall:
(a) identify the requirement(s) that was not met and the date, name of the corresponding defendant, county court of jurisdiction, and case number;
(b) describe the reason(s) for not meeting the requirement(s);
(c) describe the step(s) that the CMHP has taken to prevent recurrence, or describe the timeline and person responsible to complete future step(s) to prevent recurrence;
(d) be signed and dated by the CMHP Director or designee; and
(e) be submitted to the Authority by emailing it to aidand.assistadmin@dhsoha.state.or.us.
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
History:
BHS 3-2022, amend filed 01/24/2022, effective 02/01/2022
BHS 18-2021, temporary amend filed 08/18/2021, effective 08/18/2021 through 02/13/2022
BHS 9-2019, temporary amend filed 07/16/2019, effective 07/16/2019 through 01/11/2020
MHS 2-2018, adopt filed 02/05/2018, effective 02/05/2018
MHS 13-2017, temporary adopt filed 10/23/2017, effective 10/23/2017 through 04/20/2018