Senate Bill 24

Modifies procedures related to criminal defendants lacking fitness to proceed. Provides that when defendant is committed to state mental hospital or other facility for examination on issue of fitness to proceed, examination may include period of observation. Provides that committed defendant be transported to hospital or facility for examination, after which superintendent of hospital or director of facility may return defendant to facility from which defendant was transported, or inform court and parties that defendant requires hospital level of care and request that defendant remain at facility pending fitness to proceed order. Authorizes report concerning defendant's fitness to proceed to be provided to community mental health program director of county in which defendant is charged and county of defendant's last known residence. Restricts availability and use of report. Authorizes court to enter order concerning fitness to proceed, without hearing, based on report from examination if both parties consent. Requires court to receive and consider certain input from community mental health program director or director's designee, and any entity responsible for supervising defendant upon release, after court finds defendant lacks fitness to proceed. Directs court and parties to at hearing determine appropriate action in case. Directs court to consider certain criteria and enter order necessary to implement action. <b>Requires court to make three specified findings before committing defendant to state mental hospital or other facility.</b> Requires review hearing <i>after 14</i>]<b> every seven</b> days for <b>certain</b> defendants <i>not requiring</i>]<b> lacking fitness to proceed who do not require</b> hospital level of care <b>and</b> who remain in custody<b> following fitness determination</b>. Modifies procedures when court receives notice that committed defendant is no longer danger to self or others<b>, that defendant no longer requires hospital level of care,</b> or that resources to treat defendant are available in community. <b>Requires review hearing every seven days when court terminates commitment but defendant remains in custody. Prohibits court from committing defendant lacking fitness to proceed to state mental hospital or other facility when defendant charged only with violation offenses.</b> Restricts circumstances in which court may commit defendant <i>lacking fitness to proceed to state mental hospital or other facility when defendant is</i>] charged only with <i>misdemeanor or violation</i>]<b> misdemeanor offenses</b>. Provides that defendant committed for treatment to restore fitness to proceed receive credit for time served in jail both before and after commitment. Authorizes treatment, as permitted by law, when defendant committed for purposes of conducting examination on issue of mental defense. Restricts availability and use of report resulting from examination. Declares emergency, effective on passage.

• Senate, third reading29–0

  Passed · Apr 23 · 1 present

• House of Representatives, third reading54–2

  Passed · Jun 4 · 4 present

• Senate, third reading29–0

  Jun 12

• House of Representatives, third reading58–0

  Passed · Jun 25 · 2 present

• Senate, concurrence26–1

  Agreed to the other chamber's changes · Jun 29 · 3 present

• Senate committee amendmentAdopted

  Adopted Apr 19

• Senate amendmentPending

• House of Representatives committee amendmentAdopted

  Adopted May 30

l9n doesn't hold this bill's text yet.

In the Senate Jan 14 – Apr 23

1. Jan 14Introduced
2. Jan 15Sent to Judiciary
3. Mar 11Heard in Judiciary
4. Apr 4Heard in Judiciary
5. Apr 8Heard in Judiciary
6. Apr 19Judiciary recommended it as amended
7. Apr 22Read a second time
8. Apr 23Passed the Senate, 29 to 0

In the House of Representatives Apr 24 – Jun 4

1. Apr 24Arrived in the House of Representatives
2. Apr 26Sent to Judiciary
3. May 22Heard in Judiciary
4. May 23Heard in Judiciary
5. May 30Judiciary recommended it as amended
6. Jun 3Read a second time
7. Jun 4Passed the House of Representatives, 54 to 2

Back in the Senate Jun 12 – Jul 3

1. Jun 12The Senate refused the other chamber's changes
2. Sent to a conference committee
3. Jun 13Sent to a conference committee
4. Jun 18Heard in the conference committee
5. Jun 19The conference committee recommended amending it
6. Jun 25The House of Representatives adopted the conference committee's report
7. Passed the House of Representatives, 58 to 0
8. Jun 29The Senate adopted the conference committee's report, 26 to 1
9. Jul 3Signed in the Senate

To the Governor Jul 3 – Jul 23

1. Jul 3Signed in the House of Representatives
2. Jul 15Signed by the Governor
3. Jul 23Became chapter 538 of Oregon Laws 2019
4. In force from July 15, 2019