Or. Admin. R. 859-200-0071 - Discharge Recommendations from the State Hospital or Local Mental Health Facility
(1) If the
person had unadjudicated criminal charges at the time of the person's initial
commitment under this section and the state hospital or the state or local
mental health facility providing treatment to the person intends to recommend
discharge of the person at an upcoming hearing, the superintendent of the state
hospital or the director of the facility shall:
(a) Submit an application for hearing
requesting a discharge from Board jurisdiction.
(b) The notice shall be accompanied by a
written report describing how the person's qualifying mental disorder is no
longer resistant to treatment as defined ORS
426.701(1)(c).
(2) Upon notice to the
district attorney of the commitment county that a discharge is being requested,
the district attorney may request an order from the court in the commitment
county for an evaluation to determine if the person is fit to proceed in the
criminal proceeding.
(a) The court may order
the state hospital or the state or local mental health facility providing
treatment to the person to perform the evaluation. The hospital or facility
shall provide copies of the evaluation to the district attorney, the person and
the person's legal counsel, if applicable.
(b) The person committed under this section
may not waive an evaluation ordered by the court to determine if the person is
fit to proceed with the criminal proceeding.
(3) The Board shall set a full hearing to
determine the status of the person's commitment under the jurisdiction of the
Board.
Notes
Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.