This Oregon regulation establishes standards for Community Mental Health Programs (CMHPs) in managing criminal defendants found to lack fitness to proceed (aid and assist defendants). CMHPs must complete Consultation Reports, Community Restoration Status Reports, and Immediate Notification Reports to courts and the Oregon Health Authority, coordinate placement in the least restrictive appropriate setting, and submit Plans of Correction when requirements are not met. The rules govern the CMHP's forensic care coordination, community restoration services, and transition planning responsibilities for this population.
View official sourceOregon Health Authority Health Systems Division: Behavioral Health Services - Chapter 309 Division 88 PLACEMENT OF DEFENDANTS WHO LACK FITNESS TO PROCEED 309-088-0105 Purpose and Scope (1) Oregon Revised Statutes (ORS) 161.365 and 161.370 recognize that not all criminal defendants who lack Fitness to Proceed (commonly known as aid and assist defendants) need to be committed to the State Hospital or remain in jail but instead should be served in the least restrictive and most integrated environment that is clinically indicated. (2) These rules establish the standards for consultations and other required reports to occur and encourages collaboration between the Court, the Authority, State Hospital, Community Mental Health Program (CMHP), providers, tribal entities, Coordinated Care Organizations (CCO), and parties to the case to the extent permitted by law. The CMHP must provide Community Restoration Reports/Immediate Notification Reports to the Court and the Authority for defendants on community restoration, determined by the court to lack Fitness to Proceed under ORS 161.370 on or after September 29, 2025, and Consultation Reports to the Court, parties to the case, the Authority, and the State Hospital as described within the Division 88 rules. (3) Any CMHP that has not met one or more of the requirements in OAR 309-088-0125, OAR 309-088-0130, and OAR 309-088-0146, which could include but is not limited to completion of Consultation Reports and/or other reports as required, must submit a written Plan of Correction, available at https://www.oregon.gov/oha/HSD/AMH/Pages/Intensive-Services.aspx The CMHP must submit the Plan of Correction within 7 Judicial Days of discovering that they have not met one or more of the requirements or at the request of the Authority. Plans of Corrections must: (a) Identify the requirement(s) that was not met and the date, name of the corresponding defendant, court of jurisdiction, and case number; (b) Describe the reason(s) for not meeting the requirement(s); and (c) Describe the step(s) that the CMHP has taken to prevent recurrence and describe the timeline and person responsible to complete future step(s) to prevent recurrence. Statutory/Other Authority: ORS 413.042, ORS 430.640, SB 295 (2021) & HB 2005 (2025) Statutes/Other Implemented: ORS 430.630, ORS 430.640, ORS 161.365 & ORS 161.370 History: BHS 3-2026, amend filed 03/25/2026, effective 03/27/2026 BHS 28-2025, temporary amend filed 12/25/2025, effective 01/01/2026 through 03/27/2026 BHS 3-2022, amend filed 01/24/2022, effective 02/01/2022 BHS 18-2021, temporary amend filed 08/18/2021, effective 08/18/2021 through 02/13/2022 BHS 9-2019, temporary amend filed 07/16/2019, effective 07/16/2019 through 01/11/2020 MHS 2-2018, adopt filed 02/05/2018, effective 02/05/2018 MHS 13-2017, temporary adopt filed 10/23/2017, effective 10/23/2017 through 04/20/2018 309-088-0115 Definitions (1) "30-Day Community Transition Planning Update" means a form, contained within the Consultation Report, that includes a primary and backup plan for Appropriate Placement, services, and supports needed to transition the defendant from the State Hospital to a lower level of care. The form also provides notice to the Court, when applicable, and the Authority when an Appropriate Placement has been identified. (2) “Acuity of Symptoms” means intensity and severity of symptoms. (3) "Appropriate Placement" means the Least Restrictive Environment, determined by a team of qualified professionals and clinicians, that meets a defendant’s specific medical, behavioral and social needs at a particular point in time and is reviewed regularly to ensure the placement continues to be appropriate as the defendant’s needs change. (4) “Authority” means the Oregon Health Authority. (5) “Behavioral Health” means mental health, mental illness, addiction disorders, and substance use disorders. (6) “Care Coordination” means a process-oriented activity to facilitate ongoing communication and collaboration to meet multiple needs including facilitating communication between natural supports, community resources, and involved providers and agencies; organizing, facilitating, and participating in client staffing meetings; and providing for continuity of care by creating linkages to and managing transitions between levels of care. (7) “Case Management” means the services provided to assist individuals who reside in a community setting or are transitioning to a community setting in gaining access to needed medical, social, educational, entitlement, tribal resources, and other applicable services. (8) “Community Mental Health Program (CMHP)” means the organization of various services for individuals with a mental health diagnosis or substance use disorders operated by or contractually affiliated with a local mental health authority and operated in a specific geographic area of the state under an agreement with the Authority pursuant to Oregon Administrative Rule (OAR) chapter 309, division 014. (9) “CMHP Director” means the director of a CMHP, or the director’s designee. (10) "CMHP Notice of Available Placement" means a form, contained within the Consultation Report, that is filed with the Court, the Authority and the State Hospital, when the CMHP director has secured an Appropriate Placement by obtaining an anticipated admission date. (11) “Community Restoration Services” means services, Appropriate Placements, and treatment necessary to allow a defendant to gain or regain Fitness to Proceed in the community, which may include but are not limited to: (a) Competency Restoration Services; (b) Forensic Care Coordination; and (c) Supportive Services. (12) "Community Restoration Status Report" means a report provided to the Court and the Authority upon the Court’s request, for regular 45-day status reviews, that includes the status of the defendant’s progress with gaining or regaining Fitness to Proceed in the community, what services are being provided, if additional services are required to meet the defendant’s restoration needs, and if so what services are needed. (13) “Community Transition Planning” means creating, regularly updating, and implementing a 30-Day Community Transition Plan Update, contained within the Consultation Report, to ensure services and supports, and transition from one level of care, provider, or facility to another are secured. (14) “Competency Restoration Services” means services directly focused on restoring Fitness to Proceed, which may include but are not limited to: (a) Behavioral Health treatment; (b) Legal Skills Training; and (c) Medical Services. (15) "Consultation Report" means a report that is utilized to guide the CMHP through fulfilling the requirements of ORS 161.370, ORS 161.371, OAR 309-088-0125, and 0130. The Consultation Report communicates coordination and Community Transition Planning activities to the Authority, the State Hospital, and/or the Court as required. The Consultation Report contains four forms. The CMHP must complete one of the four forms depending on where the defendant is in their restoration process. Forms contained within the report include: (a) Initial Community Consultation; (b) Supplemental Community Consultation; (c) 30-Day Community Transition Planning Update; and (d) CMHP Notice of Available Placement. (16) "County of Residence" means where the defendant was last known to live and is responsible for collaborating with the County of Responsibility. (17) "County of Responsibility" means the county where the defendant’s charges were filed. The County of Responsibility is responsible for coordinating with the Court and carrying out the CMHP required duties when the defendant is at the State Hospital, or in Community Restoration Services. When applicable, the County of Responsibility coordinates with the County of Residence. (18) “Court” means the court with jurisdiction regarding defendant’s Fitness to Proceed. (19) “Fitness to Proceed” means that the defendant is able to: (a) Understand the nature of the proceedings against the defendant; (b) Assist and cooperate with the counsel of the defendant; and (c) Participate in the defense of the defendant. (20) “Forensic Care Coordination” means a process-oriented activity to facilitate ongoing communication and collaboration between the jurisdictional Court or other designated agencies within the criminal justice system, State Hospital, jail, CMHP, the Authority, tribal entities, CCO, providers and parties to the case to the extent permitted by law. Forensic Care Coordination begins when a defendant has been found unfit to proceed, which may include time that the defendant is in jail prior to admission to the State Hospital, or if ordered to Community Restoration. Forensic Care Coordination may include, but is not limited to: (a) Coordination of periodic forensic evaluations, in collaboration with the defendant’s attorney, to assess Fitness to Proceed; (b) Communication with providers to coordinate or provide transportation to and from forensic evaluations and court appearances in the case; (c) Communication with providers, at least every 45 days, to receive clinical updates that inform Community Restoration Status Report submissions while the defendant is in Community Restoration Services; and (d) Communication of court ordered requirements, limitations, and court dates to the defendant as clinically indicated. (21) "Hospital Level of Care (HLOC)" means the defendant requires the type of care provided by the State Hospital in order to gain or regain Fitness to Proceed. (22) "Immediate Notification Report" means a report submitted to the Court and the Authority when the Court requires an immediate notification regarding a defendant’s status. (23) “Incidental Supports” means the provision of items that are not the direct provision of services. Incidental Supports may include items such as clothing, food, and medication. (24) "Initial Community Consultation" means a form, contained within the Consultation Report, that is ordered by the Court before or after determining the issue of Fitness to Proceed and before an initial determination has been made under ORS 161.370(2)(c). The report should ensure a robust review and description of all recommended and appropriate Community Restoration Services and whether those services are present and available. (25) “Judicial Day” means a day when Court is open. (26) "Least Restrictive Environment" means a setting that offers the most independence while still ensuring safety and providing effective care. (27) “Legal Skills Training” means training on courtroom procedures, roles, language, and potential outcomes of the court process. (28) “Linkages to Benefits” means assisting a defendant obtain benefits for which they are eligible, including but not limited to: (a) Medicaid; (b) Social Security; (c) Aging and People with Disabilities Services; (d) Intellectual and Developmental Disability Services; (e) Supplemental Nutrition Assistance Program; and (f) Housing. (29) "Local Entity" means any entity or Appropriate Placement within the state that would be responsible for providing Community Restoration Services to the defendant. (30) “Medical Services” means care and treatment provided by a licensed medical provider directed at preventing, diagnosing, treating, or correcting a medical problem. (31) “Medication Management” means the prescribing and administering and reviewing of medications and their side effects, including both pharmacological management as well as supports and training to the individual. (32) "Oregon Health Authority Support Request" means a form submitted to the Authority under the following circumstances: (a) When the CMHP Director requests support and assistance identifying and securing Appropriate Placements; (b) When a defendant has been RTP for 30 days and no Appropriate Placements have been identified; (c) When a defendant is within 30 days of end of commitment to the State Hospital and no Appropriate Placements have been identified; or (d) At the request of the Authority. (33) “Peer-Delivered Services” means community-based services and supports provided to a defendant from individuals with similar lived experience. This could include but is not limited to peer services through clinical or recovery organizations, certified recovery mentors as defined in OAR 309-083-0010 or supports provided by Traditional Health Care Workers as defined in OAR 950-060-0000, which could include peer wellness specialists, peer support specialists, personal health navigators and community health workers. These services are intended to support defendants with engaging in ongoing treatment and living successfully in the community. (34) “Qualified Mental Health Professional (QMHP)” means an individual who meets the qualification requirements outlined in OAR 309-019-0125. (35) "Ready to Place (RTP)" means the State Hospital has determined that the defendant no longer requires HLOC due to their acuity of symptoms or, in instances when a Stop Order has been issued, the circumstances regarding the defendant or available Appropriate Placement options have changed. (36) "Secure Placement" means a facility that is of the most restrictive class under the classification system described in ORS 426.238. (37) "Secure Placement Order" means the Court has issued an order that the defendant is subject to a most restrictive placement determination. The CMHP Director must evaluate if the defendant may be appropriately served in an environment other than a Secure Placement. (38) “State Hospital” means the Oregon State Hospital system, including all campuses. (39) "Stop Order" means an order from the court directing the CMHP Director to discontinue evaluating placement options until a new notice is received from the State Hospital determining HLOC is no longer necessary. (40) “Superintendent” means the chief executive officer of a State Hospital, or designee, or an individual authorized by the superintendent to act in the superintendent’s capacity. (41) "Supplemental Community Consultation" means a form, contained within the Consultation Report, that is ordered by the court when HLOC is no longer necessary, to determine whether Community Restoration Services are present and available in the community and if the defendant is subject to a Secure Placement. The report should ensure a robust review and description of all recommended Community Restoration Services. (42) “Supportive Services” means services that a defendant may need both during and after Competency Restoration Services which may include but are not limited to: (a) Incidental Supports; (b) Behavioral Health treatment; (c) Care Coordination; (d) Case Management; (e) Linkages to Benefits; (f) Medication Management; (g) Peer-Delivered Services; and (h) Vocational services. (43) “Vocational Services” means employment support services that leads to competitive integrated employment. The Authority encourages the use of fidelity IPS Supported Employment for providing Vocational Services. Statutory/Other Authority: ORS 413.042, ORS 430.640, SB 295 (2021) & HB 2005 (2025) Statutes/Other Implemented: ORS 430.640, ORS 161.370, ORS 161.365 & ORS 430.630 History: BHS 3-2026, amend filed 03/25/2026, effective 03/27/2026 BHS 28-2025, temporary amend filed 12/25/2025, effective 01/01/2026 through 03/27/2026 BHS 21-2025, temporary amend filed 09/25/2025, effective 09/29/2025 through 03/27/2026 BHS 22-2024, amend filed 08/30/2024, effective 09/01/2024 BHS 3-2022, amend filed 01/24/2022, effective 02/01/2022 BHS 18-2021, temporary amend filed 08/18/2021, effective 08/18/2021 through 02/13/2022 BHS 1-2020, amend filed 01/10/2020, effective 01/12/2020 BHS 9-2019, temporary amend filed 07/16/2019, effective 07/16/2019 through 01/11/2020 MHS 2-2018, adopt filed 02/05/2018, effective 02/05/2018 MHS 13-2017, temporary adopt filed 10/23/2017, effective 10/23/2017 through 04/20/2018 309-088-0125 CMHP Consultation Reports and OHA Notification/Support Requests (1) The County of Responsibility carries out the responsibilities set forth within this rule set, regardless of where the defendant is placed. If applicable, the County of Responsibility works in collaboration with the County of Residence or other counties where the defendant has a concurrent aid and assist case. (2) Consultation Reports include an Initial Community Consultation, Supplemental Community Consultation, 30-Day Community Transition Planning Update, and CMHP Notice of Available Placement. Consultation Reports must be submitted to the Court (when applicable), parties to the case, the Authority, and the State Hospital describing whether Community Restoration Services are present and available in the community. The report must be completed, using the “Consultation Report” available at https://www.oregon.gov/oha/HSD/AMH/Pages/Intensive-Services.aspx . (3) The OHA Support Request is available at https://www.oregon.gov/oha/HSD/AMH/Pages/Intensive-Services.aspx. (4) The CMHP Director must complete the following forms in accordance with their instructions: (a) An Initial or Supplemental Community Consultation when ordered by the Court and as described in OAR 309-088-0125 and OAR 309-088-0130; (b) A 30-Day Community Transition Planning Update and CMHP Notice of Available Placement as described in OAR 309-088-0125 and OAR 309-088-0130; and (c) An OHA Support Request form as described in OAR 309-088-0125 and OAR 309-088-0130. (5) During completion of the forms contained within the Consultation Report, the CMHP Director must consult with the defendant and 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 Community Restoration Services are present and available. Local entities may include but are not limited to Veteran or Military services, Aging and People with Disability services, Intellectual and Developmental Disability services, tribal entities, other counties, and the defendant’s CCO. (6) The Initial and Supplemental Community Consultations must occur through either an in-person meeting or video conference depending on the defendant’s individual clinical needs. (7) Within five Judicial Days of the Court issuing an Initial or Supplemental Community Consultation order, the CMHP Director must: (a) Review available records related to defendant’s medical or service needs; (b) Consult with the defendant to assess what Community Restoration Services are recommended and whether the recommended Community Restoration Services are present and available in the community; (c) Consult with any Local Entity that would be responsible for providing Community Restoration Services to the defendant if the defendant were to be released to the community; (d) Thoroughly complete the Initial and Supplemental Community Consultation forms within the Consultation Report and include information about all Appropriate Placements, whether referrals are being accepted, status of referrals, and status of waitlists; (e) For defendants committed to the State Hospital, who are subject to a Secure Placement Order: (A) Determine whether a placement at a facility that is of the most restrictive class under the classification system described in ORS 426.238 is present and available; (B) Determine if the defendant can be appropriately served in an environment that is not a Secure Placement; and (C) Include any reasonable and clinically appropriate alternatives in the Consultation Report. (f) For defendants committed to the State Hospital, ensure clinical assessments for appropriate level of care referrals are primarily guided by information and recommendations from the State Hospital’s treating clinical team. (8) If, during completion of the Initial or Supplemental Community Consultation, the CMHP Director determines that Appropriate Placements are not present and available in the community, the CMHP Director must, within 5 Judicial Days of the court order include the following in the Supplemental Community Consultation to the Court, the Authority, and the State Hospital: (a) Information concerning the specific services necessary to safely allow the defendant to gain or regain Fitness to Proceed in the Least Restrictive Environment in the community; (b) A description of the necessary services that are not present and available in the community; and (c) An explanation why there are no Appropriate Placements. (9) The CMHP Director must provide 30-Day Community Transition Planning Updates at least every 30 days: (a) To the Court, after the Supplemental Community Consultation, for placement status updates on all proposed Appropriate Placements and attempts to secure proposed Appropriate Placements that were not subject to a granted objection or when no Stop Order has been issued; (b) To the Court, after the Supplemental Community Consultation, when no Appropriate Placements have been identified, and no Stop Order has been issued; and (c) To the Authority and State Hospital upon commitment for Community Transition Planning until an Appropriate Placement is secured, regardless of the defendant's charges or Stop Orders. (10) When an Appropriate Placement has been identified the CMHP Director must immediately complete the 30-Day Community Transition Planning Update form, within the Consultation Report, and provide a copy to the Authority, the State Hospital, and the Court if no Stop Order has been issued. (11) The CMHP Director must notify the Authority immediately, using the OHA Support Request form, when: (a) A defendant has been Ready to Place (RTP) for 30 days, and no Appropriate Placement has been identified; (b) The CMHP Director receives a notice from the State Hospital that the defendant is within 30 days of end of commitment, and no Appropriate Placement has been identified; and (c) At the request of the Authority. (12) The CMHP Director must immediately notify the Court, the Authority, and the State Hospital, using the CMHP Notice of Available Placement form within the Consultation Report, when a Stop Order has not been issued, and an Appropriate Placement has been secured by obtaining an anticipated admission date. (13) Copies of the Consultation Report described in OAR 309-088-0125 will be automatically sent to the Authority when the form is submitted. CMHPs must submit Consultation Reports to the State Hospital at CMHP.Consults@odhsoha.oregon.gov and to the Court and parties to the case. (14) Copies of the OHA Support Request described in OAR 309-088-0125 will be automatically sent to the Authority when the form is submitted. (15) The CMHP Director must individually assess what services are appropriate for each defendant to gain or regain Fitness to Proceed. Lacking Fitness to Proceed does not automatically mean that Legal Skills Training is necessary to gain or regain Fitness to Proceed. (16) The Initial and Supplemental Community Consultation required in OAR 309-088-0125 must be completed by a QMHP. (17) The 30-Day Community Transition Planning Updates and CMHP Notice of Available Placement may be completed by a QMHA with approval of a QMHP. (18) The OHA Support Request may be completed by a QMHA with approval of a QMHP. Statutory/Other Authority: ORS 413.042, ORS 430.640, SB 295 (2021) & HB 2005 (2025) Statutes/Other Implemented: ORS 430.640, ORS 430.630, ORS 161.365 & ORS 161.370 History: BHS 3-2026, amend filed 03/25/2026, effective 03/27/2026 BHS 28-2025, temporary amend filed 12/25/2025, effective 01/01/2026 through 03/27/2026 BHS 22-2024, amend filed 08/30/2024, effective 09/01/2024 BHS 3-2022, amend filed 01/24/2022, effective 02/01/2022 BHS 18-2021, temporary amend filed 08/18/2021, effective 08/18/2021 through 02/13/2022 BHS 9-2019, temporary amend filed 07/16/2019, effective 07/16/2019 through 01/11/2020 MHS 2-2018, adopt filed 02/05/2018, effective 02/05/2018 MHS 13-2017, temporary adopt filed 10/23/2017, effective 10/23/2017 through 04/20/2018 309-088-0130 CMHP Responsibilities During Commitment (1) The County of Responsibility carries out the responsibilities set forth within this rule set 309-088-0130, regardless of where the defendant is placed. If applicable, the County of Responsibility work in collaboration with the County of Residence or other counties where the defendant has a concurrent aid and assist case. (2) Within 7 Judicial Days of receiving notice from the State Hospital that a defendant has been admitted to the State Hospital under ORS 161.370, the CMHP Director must notify the State Hospital of the name and contact information of the person designated to work with the State Hospital on behalf of the CMHP Director regarding the defendant. (3) The person designated as required in OAR 309-088-0130 must be the CMHP point of contact for the State Hospital until the State Hospital is informed by the CMHP of a newly designated person. (4) The CMHP Director is responsible for Community Transition Planning and Forensic Care Coordination, which begins when a defendant has been found unfit to proceed, which may include time that the defendant is in jail prior to admission to the State Hospital and continues until the defendant is returned to the County or Responsibility or County of Residence and the Court has terminated commitment. At least every 30 days the CMHP Director must communicate with the Superintendent of the State Hospital or director of an OHA approved facility for purposes of Community Transition Planning and Forensic Care Coordination by: (a) Attending a treatment team meeting; or (b) Communicating with the QMHP assigned to the defendant, verbally or in writing. (5) Community Transition Planning must be initiated upon commitment and shall include: (a) An in-person meeting, phone call, or video conference with the defendant, at least every 30 days, for the purpose of informing reviewing, and updating the 30-Day Community Transition Planning Updates described in OAR 309-088-0125; (b) Consultation with the State Hospital, the Federally Recognized Tribe of Oregon that the defendant is a member of, CCOs, Exceptional Needs Care Coordinators (ENCCs), the defendant, Local Entities, and any other identified support systems and providers that could potentially serve the defendant for the purpose of Community Transition Planning; (c) If the defendant was subject to a Secure Placement Order, the CMHP director shall determine if placement at such facility is present and available and if the defendant can be served in an Appropriate Placement that is not a Secure Placement; (d) Facilitation of timely discharge from the State Hospital and, whenever possible, diversion from placement at a secure residential treatment facility (SRTF) when consistent with the level of services, supervision or type of placement identified by the State Hospital in its RTP notice; (e) Completion or coordination of any referrals, screenings, or other work needed to secure and identify an Appropriate Placement, including sending all referrals to ACT that the State Hospital sends to the CMHP; (f) Monitoring the status of any referrals, screenings, or other work; (g) Coordinating access to services provided in the Least Restrictive Environment and most integrated setting appropriate to meet the defendant's Behavioral Health needs and referring to services outside the CMHP service area, when necessary, to meet the identified needs; (h) The CMHP Director requesting OHA support, using the OHA Support Request form, if the Director has determined no Appropriate Placements have been identified after the defendant has been RTP for 30 days or at the request of the Authority. The Director must consult with the Authority, virtually or in writing, and follow recommendations agreed upon with the Authority during the consultation with OHA; (i) The CMHP Director requesting OHA support, using the OHA Support Request form, when the Director receives a release notice from the State Hospital and the defendant is within 30days of end of commitment or at the request of the Authority, if the Director has determined that no Appropriate Placements have been identified. The Director must consult with the Authority, virtually or in writing, and follow recommendations agreed upon with the Authority during the consultation; (j) Updating the 30-Day Community Transition Planning Update, within the Consultation Report, as described in OAR 309-088-0125, at least every 30 days for submission to the Authority and the State Hospital; and (k) Collaborating and sharing of Consultation Reports or other transition planning activities, with potential providers or other entities that would be providing Community Restoration Services and overseeing continuity of care due to placement or change of commitment. (6) Community Transition Planning must be primarily guided by the State Hospital’s treating clinical team’s recommendations. The CMHP may provide information to the State Hospital’s treating clinical team to inform their recommendations. (7) Community Transition Planning must include a Consultation Report with information regarding both primary Appropriate Placements and alternative Appropriate Placements, should the primary Appropriate Placement be unavailable at the time of defendant's discharge. Community Transition Planning must be: (a) Consistent with clinical best practice and existing legal standards regarding the ADA’s integration mandate and Olmstead; (b) Individualized and specific to the clinical needs of the defendant; (c) Person-centered; (d) Inclusive of information on any clinically appropriate referral options; and (e) Inclusive of which providers, agencies, CCOs, ENCCs, and Tribes were consulted. (8) In addition to OAR 309-088-0130(5), for defendants committed to the State Hospital and when the Court has not issued a Stop Order: (a) The CMHP Director must complete a Supplemental Community Consultation, within the Consultation Report, as described in 309-088-0125, due to the defendant no longer needing hospital level of care and submit to the Court. (b) The CMHP Director, after a Supplemental Community Consultation report has been submitted to the court, must complete and submit to the court, at least every 30 days, a 30-Day Community Transition Planning Update within the Consultation Report described in 309-088-0125, until an Appropriate Placement is secured or until the Court issues a Stop Order; (c) The CMHP Director must use the 30-Day Community Transition Planning Update within the Consultation Report, to immediately notify the Court, the Authority, and the State Hospital if the CMHP Director identifies an Appropriate Placement; (d) If the CMHP Director is notified of an objection by one or more of the parties to one or more of the Appropriate Placements identified, the CMHP will continue to submit 30-Day Community Transition Planning updates, within the Consultation Report, to the Court, the Authority, and the State Hospital; (e) The CMHP Director must complete a CMHP Notice of Available Placement, within the Consultation Report, as described in 309-088-0125, when an Appropriate Placement has been secured and submit to the Court, the Authority and the State Hospital. (f) The CMHP Director must continuously plan for transition to a lower level of care for every defendant admitted to the State Hospital, by identifying Appropriate Placement options, supports, and services for the defendant. Transition planning must be primarily guided by the State Hospital’s treating clinical team’s recommendations, even if a Stop Order is issued; and (g) The CMHP Director must provide information about the availability of the State Hospital treating clinical team’s clinical recommendations in the community, including any reasonable and clinically appropriate alternatives if the State Hospital treating clinical team’s clinical recommendations are not present or available in the community. Statutory/Other Authority: ORS 413.042, 430.640, SB 295 (2021) & HB 2005 (2025) Statutes/Other Implemented: 430.640, ORS 430.630, ORS 161.365 & 161.370 History: BHS 3-2026, amend filed 03/25/2026, effective 03/27/2026 BHS 28-2025, temporary amend filed 12/25/2025, effective 01/01/2026 through 03/27/2026 BHS 22-2024, amend filed 08/30/2024, effective 09/01/2024 BHS 3-2022, adopt filed 01/24/2022, effective 02/01/2022 309-088-0146 CMHP Responsibilities During Community Restoration CMHP Responsibilities During Community Restoration (1) The County of Responsibility carries out the responsibilities set forth within this rule set, regardless of where the defendant is placed. If applicable the County of Responsibility works in collaboration with the County of Residence or other counties where the defendant has a concurrent fitness to proceed case. (2) When the Court has ordered that a defendant participate in Community Restoration, the CMHP from the county responsible for attempting to restore a defendant’s Fitness to Proceed must individually assess what services are necessary to allow the defendant to gain or regain Fitness to Proceed. The CMHP must provide the identified Community Restoration Services, or coordinate the provision of the identified Community Restoration Services which must include but are not limited to: (a) Competency Restoration Services; (b) Forensic Care Coordination; and (c) Supportive Services necessary to support community integration. (3) A defendant found to lack Fitness to Proceed does not automatically require Legal Skills Training to gain or regain Fitness to Proceed. The CMHP must individually assess whether Legal Skills Training is appropriate for the defendant as part of their Competency Restoration Services. (4) At the request of the Court, the CMHP Director must provide a Community Restoration Status Report for regular 45-day status reviews to the Authority and the court using the Community Restoration Status Report/Immediate Notification Report form. (5) The Community Restoration Status Report must be completed in collaboration with entities or placements providing the defendant’s Community Restoration Services and completed in accordance with the instructions provided for the report. The Community Restoration Status Report includes: (a) The defendant's information; (b) The defendant's initial date ordered to community restoration; (c) Name and credentials of individual completing report; (d) Whether acuity of symptoms have increased; (e) Whether the defendant is making progress in gaining or regaining fitness to proceed; (f) What services are being provided; and (g) Whether and what additional services are required to meet the defendant's restoration needs. (6) The CMHP shall have on-going communication and collaboration between the Court or other applicable designated agencies within the criminal justice system, State Hospital, the Authority, Veteran or Military Services, Aging and People with Disability Services, Intellectual and Developmental Disability Services, tribal entities, CCO and providers, to ensure the defendant’s needs are being met in the Least Restrictive Environment. Coordination efforts may include but are not limited to: (a) Coordination of periodic forensic evaluations at least every 180 days, beginning with the community restoration order date, or as ordered by the court, in collaboration with the defendant’s attorney, to assess Fitness to Proceed; (b) Communication with providers to coordinate or provide transportation to and from the forensic evaluations and court appearances in the case; and (c) Communication with providers, at least every 45 days, to receive clinical updates that inform Community Restoration Status Reports while the defendant is in Community Restoration Services; and (d) Communication of Court ordered requirements, limitations, and court dates to the defendant as clinically indicated. (7) The CMHP shall coordinate the defendant's behavioral health and medical treatment in the community; attempt to conduct an individualized assessment and develop a service plan, as set forth in OAR 309-019-0140, in coordination with the defendant and provider(s) and consistent with any court ordered conditions. If the defendant does not participate in the initial assessment, continued efforts should be made to engage with the defendant to complete the assessment and develop a comprehensive service plan. (8) The Immediate Notification Report must be submitted and completed in accordance with the instructions provided for the report, when the defendant has demonstrated: (a) Non-compliance or unexcused absence from Community Restoration Services treatment; (b) Non-compliance with taking or receiving prescribed medications or verbal refusal to take or receive prescribed medications; (c) Gained or regained fitness to proceed; (d) Regained compliance with taking or receiving prescribed medications; and/or (e) Regained compliance with treatment services. (9) The CMHP is responsible for coordinating transition from forensic services for defendants discharging from Community Restoration Services to lower levels of care, including but not limited to updating the defendant's treatment service plan required in OAR 309-019-0140. (10) The Community Restoration Status Reports and Immediate Notification Reports may be completed by a QMHA with approval of a QMHP. (11) Community Restoration Status Reports and Immediate Notification Reports are completed using the “Community Restoration Status Report/Immediate Notification Report" form available at https://www.oregon.gov/oha/HSD/AMH/Pages/Intensive.-Services.aspx (12) Copies of the Community Restoration Status Report or Immediate Notification Report will be automatically to The Authority when each form is completed. CMHPs must separately submit to the Court and parties to the case. Statutory/Other Authority: ORS 413.042, ORS 430.640, SB 295 (2021) & HB 2005 (2025) Statutes/Other Implemented: ORS 430.640, ORS 430.630, ORS 161.365 & ORS 161.370 History: BHS 3-2026, amend filed 03/25/2026, effective 03/27/2026 BHS 28-2025, temporary amend filed 12/25/2025, effective 01/01/2026 through 03/27/2026 BHS 21-2025, temporary amend filed 09/25/2025, effective 09/29/2025 through 03/27/2026 BHS 22-2024, amend filed 08/30/2024, effective 09/01/2024 BHS 4-2022, adopt filed 01/31/2022, effective 02/01/2022