Full Definition

365 Population

When the court has reason to doubt the defendant’s fitness to proceed by reason of incapacity as described in ORS 161.360, the court may call any witness to assist it in reaching its decision and, except as provided in paragraph (b) of this subsection, shall order that a community mental health program director, or the director’s designee, 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, to determine whether appropriate community restoration services are present and available in the community. After the consultation, the program director or the director’s designee shall provide to the court a copy of the findings resulting from the consultation. 


(b) If the defendant is charged with one or more of the following offenses the court is not required to, but may in its discretion, order the consultation described in paragraph (a) of this subsection: 

(A) Aggravated murder; 

(B) Murder in any degree; 

(C) Attempted aggravated murder; 

(D) Attempted murder in any degree; 

(E) Manslaughter in any degree; 

(E) Aggravated vehicular homicide; 

(F) Arson in the first degree when classified as crime category 10 of the sentencing guidelines grid of the Oregon Criminal Justice Commission; 

(G) Assault in the first degree; 

(H) Assault in the second degree; 

(I) Kidnapping in the first degree; 

(J) Kidnapping in the second degree; 

(K) Rape in the first degree; 

(L) Sodomy in the first degree; 

(M) Unlawful sexual penetration in the first degree; 

(N) Robbery in the first degree; or 

(O) Robbery in the second degree. 


(c) If the court determines the assistance of a psychiatrist or psychologist would be helpful, the court may: 

(A) Order that a psychiatric or psychological examination of the defendant be conducted by a certified evaluator and a report of the examination be prepared; or 

(B) Order the defendant to be committed for the purpose of an examination to a state mental hospital or other facility designated by the Oregon Health Authority if the defendant is at least 18 years of age, or to a secure intensive community inpatient facility designated by the authority if the defendant is under 18 years of age. The state mental hospital or other facility may retain custody of a defendant committed under this paragraph for the duration necessary to complete the examination of the defendant, not to exceed 30 days. The examination may include a period of observation.