Bill > HB3058

This bill modifies Oregon law regarding court procedures for determining a defendant's fitness to proceed in criminal cases, focusing on mental health evaluations and commitment. The bill requires courts to make specific findings when committing a defendant to a state mental hospital, including whether the defendant requires hospital-level care due to public safety concerns or the severity of their mental health symptoms. A key addition is the requirement that courts explicitly determine if a defendant is "dangerous," which is defined as having a substantial risk of inflicting physical harm on themselves or others, based on historical behavior patterns. The bill applies different standards depending on whether the underlying criminal charge is a felony, misdemeanor, or violation, with felony cases having more stringent commitment criteria. For defendants who cannot be immediately committed, the bill mandates exploring alternative options like community restoration services, civil commitment proceedings, or charge dismissal. The legislation also requires ongoing review of available community restoration services and communication between mental health program directors and the court to facilitate the most appropriate treatment and legal approach for defendants with mental health challenges.

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https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/HB3058