Crisis Intervention Team Center of Excellence (CITCOE)
When the defendant's fitness to proceed is drawn into question, the issue shall be determined by the court. If neither the prosecuting attorney nor counsel for the defendant contests the finding of the report filed under ORS 161.365 (Procedure for determining issue of fitness to proceed), the court may make the determination on the basis of the report. If the court determines that the defendant lacks fitness to proceed, the criminal proceeding against the defendant shall be suspended and: A. If the court finds that the defendant is dangerous to self or others as a result of mental disease or defect, or that, based on the findings resulting from the consultation described in ORS 161.365 (Procedure for determining issue of fitness to proceed) (1), the services and supervision necessary to restore the defendant's fitness to proceed are not available in the community, the court shall commit the defendant to the custody of the superintendent of a state mental hospital or director of a facility, designated by the Oregon Health Authority, if the defendant is at least 18 years of age, or to the custody of the director of a secure intensive community inpatient facility designated by the authority if the defendant is under 18 years of age; or B. If the court does not make a finding described in paragraph (a) of this subsection, or if the court determines that care other than commitment for incapacity to stand trial would better serve the defendant and the community, the court shall release the defendant on supervision for as long as the unfitness endures.