309-088-0146 Temporary rule language in effect until 03/27/2026. CMHP Responsibilities During Community Restoration (1) The County of Responsibility carries out the responsibilities set forth within this rule set 309-088-0146, regardless of where the defendant is placed. If applicable the County of Responsibility works in collaboration with the County of Residence or other counties where the defendant has a concurrent fitness to proceed case.(2) When the Court has ordered that a defendant participate in Community Restoration, the CMHP from the county responsible for attempting to restore a defendant’s Fitness to Proceed must individually assess what services are necessary to allow the defendant to gain or regain Fitness to Proceed. The CMHP must provide the identified Community Restoration Services, or coordinate the provision of the identified Community Restoration Services, defined in OAR 309-088-0115, which must include but are not limited to: (a) Competency Restoration Services; (b) Forensic Care Coordination; and (c) Supportive Services necessary to support community integration. (2) A defendant found to lack Fitness to Proceed does not automatically require Legal Skills Training to gain or regain Fitness to Proceed. The CMHP must individually assess whether Legal Skills Training is appropriate for the defendant as part of their Competency Restoration Services. (3) The CMHP Director must provide a Community Restoration Status Report, using the Community Restoration Status Report/Immediate Notification Report form, to the Authority and the Court using a process agreed upon with the Court, at least every 45 days. (4) The Community Restoration Status Report must be completed in collaboration with entities or placements providing the defendant’s Community Restoration Services and completed in accordance with the instructions provided for the report. The Community Restoration Status Report includes: (a) The defendant's information; (b) The defendant's initial date ordered to community restoration; (c) Individual completing report; (d) If acuity of symptoms have increased; (e)The defendants progress in gaining or regaining fitness to proceed; (f) What services are being provided; and (g) Additional services required to meet the defendant's restoration needs. (5) The CMHP shall have on-going communication and collaboration between the jurisdictional court or other applicable designated agencies within the criminal justice system, State Hospital, the Authority, Veteran or Military Services, Aging and People with Disability Services, Intellectual and Developmental Disability Services, tribal entities, CCO and providers, to ensure factors that affect the defendant's current status/and or placement are being communicated, coordinated and scheduled, to ensure the defendant’s needs are being met in the least restrictive environment and Appropriate Placement, this could include but is not limited to: (a) Coordination of periodic forensic evaluations at least every 180 days, beginning with the community restoration order date, or as ordered by the court, in collaboration with the defendant’s attorney, to assess Fitness to Proceed; (b) Communication with providers to coordinate or provide transportation to and from the forensic evaluations and Court appearances in the case; and (c) Communication with providers, at least every 45 days, to receive clinical updates that inform Community Restoration Status Reports while the defendant is in Community Restoration; and (d) Communication of Court ordered requirements, limitations, and Court dates to the defendant as clinically indicated. (6) The CMHP shall coordinate the defendant's behavioral health and medical treatment in the community; Attempt to conduct an individualized assessment and develop a service plan, as set forth in OAR 309-019-0140, in coordination with the defendant and Provider(s) and consistent with any court ordered conditions; If the defendant does not participate in the initial assessment, continued efforts should be made to engage with the defendant to complete the assessment and develop a comprehensive service plan. (7) The Immediate Notification Report must be submitted and completed in accordance with the instructions provided for the report, when the defendant has demonstrated: (a) Non-compliance or unexcused absence from Community Restoration Services treatment; (b) Non-compliance with taking or receiving prescribed medications or verbal refusal to take or receive prescribed medications; (c) Gained or regained fitness to proceed; (d) And additionally, immediately notify the Court when the defendant has: (A) Regained compliance with taking or receiving prescribed medications; and/or (B) Regained compliance with treatment services. (8) The CMHP is responsible for coordinating transition from forensic services for defendants discharging from Community Restoration to lower levels of care, including but not limited to updating the defendant's treatment service plan that is required in OAR 309-019-0140. (9) The Community Restoration Status Reports and Immediate Notification Reports must be approved by a QMHP. (10) Community Restoration Status Reports and Immediate Notification Reports are completed using the “Community Restoration Status Report/Immediate Notification Report" form available at https://www.oregon.gov/oha/HSD/AMH/Pages/Intensive.-Services.aspx (11) Copies of the Community Restoration Status Report or Immediate Notification Report will be autogenerated to The Authority when each form is completed. CMHPs must separately submit to, t he Court and parties to the case using the process agreed upon in their jurisdiction. Statutory/Other Authority: ORS 413.042, ORS 430.640, SB 295 (2021) & HB 2005 (2025) Statutes/Other Implemented: ORS 430.640, ORS 430.630, ORS 161.365 & ORS 161.370 History: BHS 28-2025, temporary amend filed 12/25/2025, effective 01/01/2026 through 03/27/2026 BHS 21-2025, temporary amend filed 09/25/2025, effective 09/29/2025 through 03/27/2026 BHS 22-2024, amend filed 08/30/2024, effective 09/01/2024 BHS 4-2022, adopt filed 01/31/2022, effective 02/01/2022