309-088-0115 Temporary rule language in effect until 03/27/2026. Definitions (1) "30-Day Community Transition Planning Update" means a form, within the Consultation Report, that includes a primary and backup plan for placement, services, and supports that will be needed to transition the defendant from one level of care, provider or facility to another. The form also provides notice to the Court, when applicable, and the Authority when an Appropriate Placement has been identified. ( 2 ) “Acuity of Symptoms” means intensity and severity of symptoms. ( 3 ) "Appropriate Placement" means the least restrictive environment, determined by a team of qualified professionals and clinicians, that meets an individual’s specific medical, behavioral and social needs at a particular point in time and is reviewed regularly to ensure the placement continues to be appropriate as the individual's needs change. ( 4 ) “Authority” means the Oregon Health Authority. ( 5 ) “Behavioral Health” means mental health, mental illness, addiction disorders, and substance use disorders. (6 ) “Care Coordination” means a process-oriented activity to facilitate ongoing communication and collaboration to meet multiple needs including facilitating communication between natural supports, community resources, and involved providers and agencies; organizing, facilitating, and participating in client staffing meetings; and providing for continuity of care by creating linkages to and managing transitions between levels of care. ( 7 ) “Case Management” means the services provided to assist individuals who reside in a community setting or are transitioning to a community setting in gaining access to needed medical, social, educational, entitlement, tribal resources, and other applicable services. ( 8 ) ”Community Mental Health Program (CMHP)” means the organization of various services for individuals with a mental health diagnosis or substance use disorders operated by or contractually affiliated with a local mental health authority and operated in a specific geographic area of the state under an agreement with the Authority pursuant to Oregon Administrative Rule (OAR) chapter 309, division 014. ( 9 ) “CMHP Director” means the director of a CMHP, or the director’s designee. (10) "CMHP Notice of Available Placement" means a form, within the Consultation Report, that is filed with the Court, the Authority and the State Hospital, when the CMHP director has secured an Appropriate Placement. (1 1 ) “Community Restoration Services” means services, appropriate placements, and treatment necessary to safely allow a defendant to gain or regain Fitness to Proceed in the community, which may include but are not limited to: (a) Competency Restoration Services; (b) Forensic Care Coordination; and (c) Supportive Services. (1 2 ) "Community Restoration Status Report" means a report provided to the Court and the Authority, at least every 45 days, that includes the status of the defendant ’ s progress with gaining or regaining fitness to proceed in the community, services that are being provided or are required to meet the defendants restoration needs and any concerns of the defendant continuing to be safely restored in the community. (13) “Community Transition Planning” means creating, regularly updating, and implementing a 30-Day Community Transition Plan Update, within the Consultation Report, to ensure services and supports, and transition from one level of care, provider, or facility to another are secured . (14) “Competency Restoration Services” means services directly focused on restoring Fitness to Proceed, which may include but are not limited to: (a) Behavioral Health treatment; (b) Legal Skills Training; and (c) Medical Services. (15) "Consultation Report" means a report that is utilized to guide the CMHP through fulfilling the requirements of ORS 161.370, ORS 161.371, OAR 309-088-0125, and 0130. The Consultation Report communicates coordination and Community Transition Planning activities to the Authority and/or the Court as required. The Consultation Report consists of four forms. The CMHP must complete one of four forms depending on where the defendant is in their restoration process. Forms within the report include: (a) Initial Community Consultation; (b) Supplemental Community Consultation; (c) 30-Day Community Transition Planning Update; and (d) CMHP Notice of Available Placement that are submitted to the Court (when applicable), the Authority and State Hospital. (1 6 ) "County of Residence" means where the defendant was last known to live and is responsible for collaborating with the County of Responsibility. (1 7 ) "County of Responsibility" means the county where the defendant was charged with the crime . The County of Responsibility is responsible for coordinating with the court and carrying out the CMHP required duties when the defendant is at the State Hospital, or in the community on community restoration. When applicable the County of Responsibility coordinates with the County of Residence. ( 18 ) “Court” means the court with jurisdiction regarding defendant’s Fitness to Proceed. (1 9 ) “Fitness to Proceed” means that the defendant is able to: (a) Understand the nature of the proceedings against the defendant; (b) Assist and cooperate with the counsel of the defendant; and (c) Participate in the defense of the defendant. ( 20 ) “Forensic Care Coordination” means a process-oriented activity to facilitate ongoing communication and collaboration between the jurisdictional Court or other designated agencies within the criminal justice system, State Hospital, jail, CMHP, the Authority, tribal entities, CCO, providers and parties to the case to the extent permitted by law. Forensic Care Coordination begins when a defendant has been found unfit to proceed, which may include time that the defendant is in jail prior to admission to the State Hospital, or on Community Restoration. Forensic Care Coordination may include, but is not limited to: (a) Coordination of periodic forensic evaluations, 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 c ourt appearances in the case; (c) Communication with providers, at least every 45 days, to receive clinical updates that inform community restoration status update submissions while the defendant is on community restoration; and (d) Communication of court ordered requirements, limitations, and court dates to the defendant as clinically indicated. (21) "Hospital Level of Care (HLOC)" means the defendant requires the type of care provided by the State Hospital in order to gain or regain fitness to proceed. ( 22 ) "Immediate Notification Report" means a report submitted to the Court and the Authority when the Court requires an immediate notification regarding a defendant’s status. Immediate notification requirements include when a defendant has gained or regained Fitness to Proceed, when a defendant is not complying with court ordered restoration services , or when a defendant has regained compliance with the court ordered restoration services. (2 3 ) “Incidental Supports” means the provision of items that are not the direct provision of services. Incidental Supports may include things such as clothing, food, and medication. (24) "Initial Community Consultation" means a form, within the Consultation Report, that is ordered by the Court before or after determining the issue of fitness to proceed and before an initial determination has been made under ORS 161.370(2)(c). The purpose of the Initial Community Consultation is to determine whether appropriate Community Restoration Services are present and available in the community. The report should ensure a robust review and description of all recommended and appropriate Community Restoration Services and whether those services are present and available. (2 5 ) “Judicial Day” means a day when Court is open. ( 26 ) "Least Restrictive Environment" means a setting that offers the most independence while still ensuring safety and providing effective care. ( 27 ) “Legal Skills Training” means training on courtroom procedures, roles, language, and potential outcomes of the court process. ( 28 ) “Linkages to Benefits” means assisting an individual obtain benefits for which they are eligible, including but not limited to: (a) Medicaid; (b) Social Security; (c) Aging and People with Disabilities Services; (d) Intellectual and Developmental Disability Services; ( e ) Supplemental Nutrition Assistance Program; and ( f ) Housing. (2 9 ) "Local Entity" means any entity or Appropriate Placement across the state that would be responsible for providing Community Restoration Services to the defendant. ( 30 ) “Medical Services” means care and treatment provided by a licensed medical provider directed at preventing, diagnosing, treating, or correcting a medical problem. ( 31 ) “Medication Management” means the prescribing and administering and reviewing of medications and their side effects, including both pharmacological management as well as supports and training to the individual. (32) "Oregon Health Authority (OHA) Notification/Support Request" means an OHA Notification Form or Support Request to the Authority under the following circumstances: (a) When the CMHP Director completes the Supplemental Community Consultation and determines there are no Appropriate Placements, the OHA Notification form is submitted; (b) When the CMHP Director requests support and assistance in identifying and securing Appropriate Placements, an OHA Support Request is submitted; or (c) At the request of the Authority to submit an OHA Support Request. ( 33 ) “Peer-Delivered Services” means community-based services and supports provided to defendants from individuals with similar lived experience. This could include but is not limited to peer services through clinical or recovery organizations, certified recovery mentors as defined in OAR 309-083-0010 or supports provided by Traditional Health Care Workers as defined in OAR 950-060-0000, which could include by peer s wellness specialists , peer support specialists, personal health navigators and community health workers. These services are intended to support defendants in engaging with ongoing treatment and to live successfully in the community. ( 34 ) “Qualified Mental Health Professional (QMHP)” means an individual who meets the qualification requirements outlined in OAR 309-019-0125. (35) "Ready to Place (RTP)" means the State Hospital has determined that the defendant no longer requires HLOC due to their acuity of symptoms or, in instances when a Stop Order has been issued and the circumstances regarding the defendant or available Appropriate Placement options have changed. (36) "Secure Placement" means a facility that is of the most restrictive class under the classification system described in ORS 426.238. (37) "Secure Placement Order" means the court has issued an order that the defendant is subject to a most restrictive placement determination. The CMHP Director must evaluate if the defendant may be appropriately served in an environment other than a secure placement. (3 8 ) “State Hospital” means the Oregon State Hospital system, including all campuses. (39) "Stop Order" means an order from the court directing the CMHP Director to discontinue evaluating placement options until a new notice is received from the State Hospital determining hospital level of care is no longer necessary. ( 40 ) “Superintendent” means the chief executive officer of a state hospital, or designee, or an individual authorized by the superintendent to act in the superintendent’s capacity. (41) "Supplemental Community Consultation" means a form within the Consultation Report, that is ordered by the court when hospital level of care is no longer necessary, to determine whether an Appropriate Placement (Community Restoration Services) are present and available in the community and if the defendant is subject to a Secure Placement. The report should ensure a robust review and description of all recommended and appropriate Community Restoration Services. ( 42 ) “Supportive Services” means services that a defendant may need both during and after Competency Restoration Services which may include but are not limited to: (a) Incidental Supports; (b) Care Coordination; (c) Case Management; (d) Linkages to Benefits; (e) Medication Management; (f) Peer-Delivered Services; and (g) Vocational services. ( 43 ) “Vocational Services” means employment support services that leads to competitive integrated employment. The Authority encourages the use of fidelity IPS Supported Employment for providing Vocational Services. Statutory/Other Authority: ORS 413.042, ORS 430.640, SB 295 (2021) & HB 2005 (2025) Statutes/Other Implemented: ORS 430.640, ORS 161.370, ORS 161.365 & ORS 430.630 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 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 1-2020, amend filed 01/10/2020, effective 01/12/2020 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