OAR 309-091-0050: Other Forensic Discharges

(1) For the purposes of this rule, discharge occurs when the state hospital moves the individual from the state hospital’s psychiatric care to either a community setting or other institutional setting, including but not limited to discharge to a jail. (2) Individuals committed to the state hospital pursuant to ORS 161.370 shall be discharged from the state hospital upon any of the following: (a) The court orders that the individual be discharged from the state hospital or that the underlying criminal charges be dismissed; (b) When the ORS 161.370 or 161.365 evaluation report identifies that the patient is fit to proceed (“able”) or that there is no substantial probability that the patient will gain or regain fitness to proceed (“never able”) when the patient has reached the maximum commitment time under ORS 161.370, 161.371 or 161.365. (3) The state hospital shall send notice of the evaluation finding to the court pursuant to ORS 161.370 or 161.365. (4) Individuals who are committed under ORS 161.370 shall be discharged within a period of time that is reasonable for making a determination concerning whether or not and when the defendant may gain or regain capacity. However, regardless of the number of charges with which the defendant is accused, in no event shall the defendant be committed for longer than permitted by ORS 161.371 or pursuant to a court’s order, whichever is shorter.