Bill > HB2005

Introduced Session

AN ACT Relating to behavioral health; creating new provisions; amending ORS 127.700, 127.736, 135.748, 161.362, 161.365, 161.370, 161.371, 166.273, 181A.290, 183.635, 197.660, 197.665, 426.005, 426.060, 426.070, 426.072, 426.074, 426.075, 426.090, 426.100, 426.130, 426.133, 426.155, 426.160, 426.180, 426.223, 426.225, 426.228, 426.231, 426.232, 426.233, 426.234, 426.235, 426.236, 426.237, 426.238, 426.241, 426.301, 426.385 and 426.701; repealing ORS 197.670; and declaring an emergency. Whereas Oregon has a high population of individuals who report living with mental illness, and who need mental health and substance use disorder treatment; and Whereas the Oregon Legislative Assembly finds that the increase in fentanyl and methamphet- amine use has led to an increase in individuals who need a higher level of mental health and sub- stance use disorder care; and Whereas the United States and Oregon Constitutions protect the rights of defendants in the criminal justice system and defendants must be mentally fit to proceed in their criminal cases, and if a defendant is not fit to proceed because of a mental illness, the case must be paused until the defendant is restored to fitness; and Whereas there has been a steady increase in the number of individuals in the last several years who are found not fit to proceed, or “unable to aid and assist” in their own defense; and Whereas many of these individuals who are charged with a crime and determined to be unable to aid and assist in their own defense who are referred to the Oregon State Hospital for care are not admitted within seven days, as required by a federal court order; and Whereas the population of individuals admitted to the Oregon State Hospital has shifted to in- creasing numbers of aid and assist patients rather than guilty except for insanity and civilly com- mitted patients; and Whereas increased demand for restoration services for defendants at the Oregon State Hospital has limited the beds available for individuals obtaining treatment through civil commitment; and Whereas ensuring the rights of defendants to timely transportation to a therapeutic setting for restoration treatment will require significant financial investments and strategic initiatives from the state; and Whereas the state must protect the rights of victims of crime and ensure improved public safety; and Whereas public safety improves when individuals can access mental health treatment and ser- vices within the criminal justice system, the Oregon State Hospital and the community; and Whereas protecting the rights of defendants while ensuring public safety requires solutions of many different types and the recognition that one idea will not solve this problem; and Enrolled House Bill 2005 (HB 2005-C) Whereas the three branches of Oregon’s government are committed to ongoing efforts, both in statute and in budget allocations, to solving this ongoing dilemma; and Whereas the Oregon Legislative Assembly has determined that additional treatment capacity is critical to support Oregonians in need of mental health and substance use disorder treatment and has committed increased funding to support additional treatment capacity; and Whereas it is the intention of the Oregon Legislative Assembly to increase support and capacity for individuals needing mental health and substance use disorder care and treatment, and to reduce the delay in admittance experienced by defendants needing restoration services at the Oregon State Hospital; now, therefore,

AI Summary

Committee Categories

Tom Andersen (D)*,  Jason Kropf (D)*,  Ben Bowman (D),  April Dobson (D),  Julie Fahey (D),  Mark Gamba (D),  David Gomberg (D),  Dacia Grayber (D),  Bobby Levy (R),  Em Levy (D),  Pam Marsh (D),  Hoa Nguyen (D),  Rob Nosse (D),  Lisa Reynolds (D),  Sue Rieke Smith (D),  Thuy Tran (D),  Jules Walters (D), 

Chapter 559, (2025 Laws): Effective date July 24, 2025. (on 08/13/2025)

Official Document