Key Information

Relevant Statutes and Rules

Or. Rev. Stat. Ann. § 161.355-161.371; Or. Admin. R. 309-088-0105

What proceedings can occur while the defendant is incompetent

"the fact that the defendant is unfit to proceed does not preclude any objection through counsel and without the personal participation of the defendant on the grounds that the indictment is insufficient, that the statute of limitations has run, that double jeopardy principles apply or upon any other ground at the discretion of the court which the court deems susceptible of fair determination prior to trial."

Or. Rev. Stat. Ann. § 161.367 (West)

Number of examiners required

1

Or. Rev. Stat. Ann. § 161.360(1) (West)

Qualifications of examiners

psychiatrist or psychologist who holds a valid certification under rules issued by Oregon Health Authority

Or. Rev. Stat. Ann. §§ 161.309, 161.365(1)(c)(A) 161.392 (West)

What must the evaluation report contain

"The report of an examination described in this section must include, but is not necessarily limited to, the following:
(a) A description of the nature of the examination;
(b) A statement of the mental condition of the defendant;
(c) If the defendant suffers from a qualifying mental disorder, an opinion as to whether the defendant is incapacitated within the description set out in ORS 161.360; and
(d) If the defendant is incapacitated within the description set out in ORS 161.360, a recommendation of treatment and services necessary to allow the defendant to gain or regain capacity, including whether a hospital level of care is required due to the acuity of symptoms of the defendant's qualifying mental disorder."

Or. Rev. Stat. Ann. § 161.365(3) (West)

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

The court shall commit the defendant if defendant is accused of a felony AND 
(1) defendant requires a hospital level of care due to public safety concerns or the acuity of the symptoms; and 
(2) the appropriate community restoration services are not present and available in the community.

Or. Rev. Stat. Ann. § 161.370(3) (West)

If misdemeanor, court may not commit the defendant unless 
(A)(i) Receives a recommendation from a certified evaluator that the defendant requires a hospital level of care due to the acuity of symptoms of the defendant's qualifying mental disorder; and
(ii) Receives a recommendation from a community mental health program director, or director's designee, that the appropriate community restoration services are not present and available in the community; or
(B) Determines that the defendant requires a hospital level of care after making all of the following written findings:
(i) The defendant needs a hospital level of care due to the acuity of the symptoms of the defendant's qualifying mental disorder;
(ii) There are public safety concerns; and
(iii) The appropriate community restoration services are not present and available in the community..

Or. Rev. Stat. Ann.  § 161.370(4) (West)

If the most serious offense in the charging instrument is a violation, the court may not commit the defendant.

Or. Rev. Stat. Ann. § 161.370(5) (West)

What is the test for restorability

"substantial probability that the defendant, in the foreseeable future, will gain or regain fitness to proceed."

Or. Rev. Stat. Ann. § 161.367(1) (West)

What is the procedure after restoration

The superintendent or director shall:
(a) Immediately notify the committing court if the defendant, at any time, gains or regains fitness to proceed

Or. Rev. Stat. Ann. § 161.371(1) (West)

"the committing court shall determine, after a hearing if a hearing is requested, whether the defendant presently has fitness to proceed."

Or. Rev. Stat. Ann. § 161.371(6) (West)

What is the procedure if there is a finding of unrestorability

"Court shall dismiss, without prejudice and in accordance with subsection (6) of this section, all charges against the defendant and:
(a) Order that the defendant be discharged; or
(b) Initiate commitment proceedings under ORS 426.070, 426.701 or 427.235 to 427.292."

Or. Rev. Stat. Ann. § 161.367 (1)(West)

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

"[T]he court shall dismiss, without prejudice and in accordance with ORS 161.367 (6), all charges against the defendant and:
(a) Order that the defendant be discharged; or
(b) Initiate commitment proceedings."

Or. Rev. Stat. Ann. § 161.371(7) (West)

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

If committed, 
(b) If the most serious offense in the charging instrument is a person Class A misdemeanor or a contempt charge, 90 days. The time period may be extended by the court as described in subsection (5) of this section by an additional 90 days, up to a total of 180 days.
(c) If the most serious offense in the charging instrument is a felony other than aggravated murder, a violent felony or a crime listed in ORS 137.700 (2), six months. The time period may be extended by the court as described in subsection (5) of this section by an additional six months, up to a total of 12 months.
(d) If the most serious offense in the charging instrument is aggravated murder, a violent felony or a crime listed in ORS 137.700 (2), 12 months. The time period may be extended by the court as described in subsection (5) of this section by an additional six months, up to a total of 18 months.

OR LEGIS 559 (2025), 2025 Oregon Laws Ch. 559 (H.B. 2005)

If in community restoration services,
(2)(a) If the most serious offense in the charging instrument is a violation or a misdemeanor other than a Class A misdemeanor, 90 days. The time period may be extended by the court as described in subsection (3) of this section by an additional 90 days, up to a total of 180 days.
(b) If the most serious offense in the charging instrument is a Class A misdemeanor other than a person Class A misdemeanor, 90 days. The time period may be extended by the court as described in subsection (3) of this section by additional increments of 90 days, to up to a total of 365 days.
(c) If the most serious offense in the charging instrument is a person Class A misdemeanor or a contempt charge, six months. The time period may be extended by the court as described in subsection (3) of this section by additional increments of six months, to up to a total of 18 months.
(d) If the most serious offense in the charging instrument is a felony other than aggravated murder, a violent felony or a crime listed in ORS 137.700 (2), 12 months. The time period may be extended by the court as described in subsection (3) of this section by additional increments of six months, to up to a total of 24 months.
(e) If the most serious offense in the charging instrument is aggravated murder, a violent felony or a crime listed in ORS 137.700 (2), 18 months. The time period may be extended by the court as described in subsection (3) of this section by additional increments of six months, to up to a total of 24 months.

OR LEGIS 559 (2025), 2025 Oregon Laws Ch. 559 (H.B. 2005)