ORS Chapter 161 — General Provisions

ORS 161.370. described in paragraph (a) or (b) of this subsection, and any other information the court finds to be trustworthy and reliable, the court may continue the commitment of the defendant if the court makes written findings that a hospital level of care is necessary due to public safety concerns and the acuity of symptoms of the defendants qualifying mental disorder, and that appropriate community restoration services are not present and available in the community. (B) If the court does not make the findings described in subparagraph (A) of this paragraph, the court shall terminate the commitment and shall set a review hearing seven days from the date of the commitment termination for any defendant remaining in custody. At the review hearing, the court shall consider all relevant information, determine an appropriate action in the case as described in ORS 161.370 (2)(c) and enter an order in accordance with the defendants constitutional rights to due process. (5)(a) If a defendant remains committed under this section, the court shall determine within a reasonable period of time whether there is a substantial probability that, in the foreseeable future, the defendant will gain or regain fitness to proceed. However, regardless of the number of charges with which the defendant is accused, in no event shall the defendant be committed for longer than whichever of the following, measured from the defendants initial custody date, is shorter: (A) Three years; or (B) A period of time equal to the maximum sentence the court could have imposed if the defendant had been convicted. (b) For purposes of calculating the maximum period of commitment described in paragraph (a) of this subsection: (A) The initial custody date is the date on which the defendant is first committed under this section on any charge alleged in the accusatory instrument; and (B) The defendant shall be given credit against each charge alleged in the accusatory instrument: (i) For each day the defendant is committed under this section, whether the days are consecutive or are interrupted by a period of time during which the defendant has gained or regained fitness to proceed; and (ii) Unless the defendant is charged on any charging instrument with aggravated murder or a crime listed in ORS 137.700 (2), for each day the defendant is held in jail before and after the date the defendant is first committed, whether the days are consecutive or are interrupted by a period of time during which the defendant lacks fitness to proceed. (c) The superintendent of the state mental hospital or director of the facility to which the defendant is committed shall notify the committing court of the defendants impending discharge 30 days before the date on which the superintendent or director is required to discharge the defendant under this subsection. (6)(a) All notices required under this section shall be filed with the court and may be filed electronically. The clerk of the court shall cause copies of the notices to be delivered to both the district attorney and the counsel for the defendant. (b) When the committing court receives a notice from the superintendent or director under subsection (1) of this section concerning the defendants progress or lack thereof, or under subsection (5) of this section concerning the defendants impending discharge, the committing court shall determine, after a hearing if a hearing is requested, whether the defendant presently has fitness to proceed. (7) If at any time the court determines that the defendant lacks fitness to proceed, the court shall further determine whether the defendant is entitled to discharge under subsection (5) of this section. If the court determines that the defendant is entitled to discharge under subsection (5) of this section, the court shall dismiss, without prejudice and in accordance with ORS 161.367 (6), all charges against the defendant and: (a) Order that the defendant be discharged; or (b) Initiate commitment proceedings under ORS 426.070, 426.701 or 427.235 to 427.292.