OAR 859-200-0071: Discharge Recommendations from the State Hospital or Local Mental Health Facility

(1) If the person had unadjudicated criminal charges at the time of the person’s initial commitment under this section and the state hospital or the state or local mental health facility providing treatment to the person intends to recommend discharge of the person at an upcoming hearing, the superintendent of the state hospital or the director of the facility shall: (a) Submit an application for hearing requesting a discharge from Board jurisdiction. (b) The notice shall be accompanied by a written report describing how the person’s qualifying mental disorder is no longer resistant to treatment as defined ORS 426.701(1)(c). (2) Upon notice to the district attorney of the commitment county that a discharge is being requested, the district attorney may request an order from the court in the commitment county for an evaluation to determine if the person is fit to proceed in the criminal proceeding. (a) The court may order the state hospital or the state or local mental health facility providing treatment to the person to perform the evaluation. The hospital or facility shall provide copies of the evaluation to the district attorney, the person and the person’s legal counsel, if applicable. (b) The person committed under this section may not waive an evaluation ordered by the court to determine if the person is fit to proceed with the criminal proceeding. (3) The Board shall set a full hearing to determine the status of the person’s commitment under the jurisdiction of the Board.