SB 295 Oregon Senate · 2021 Regular Session

Relating to fitness to proceed; and declaring an emergency.

Summary
Defines terms related to fitness to proceed. Reorganizes and restructures statutes related to fitness to proceed. Modifies procedures and criteria for committing defendant charged with felony to state mental hospital or other facility in order to gain or regain fitness to proceed. Requires court to find that defendant requires hospital level of care due to public safety concerns or acuity of symptoms of defendant's mental disorder, and that appropriate community restoration services are not provided. Modifies procedures and criteria for committing defendant charged with misdemeanor to state mental hospital or other facility in order to gain or regain fitness to proceed. Requires either recommendation from certified evaluator that defendant requires hospital level of care and statement from community mental health program director concerning available community restoration services, or for court to make certain findings concerning acuity of defendant's symptoms, public safety concerns and whether appropriate community restoration services are provided. Modifies procedures when circumstances authorizing commitment of defendant no longer exist. Provides that if defendant is charged with felony, superintendent of state mental hospital or director of facility to which defendant is committed may notify court when hospital level of care is no longer necessary. Requires superintendent or director to notify court when specified circumstances have changed for defendant charged with misdemeanor. Authorizes community mental health program director to notify court if community restoration services become available for committed defendant charged with felony or misdemeanor. Provides that documents related to involuntary medication of defendant are confidential and may be made available only to specified parties. Declares emergency, effective on passage.
Bill status signed all 5 stages cleared
Introduction
Jan 2021
Committee Review
May 2021
Senate Passage
Jun 2021
House Passage
Jun 2021
Signed into Law
Jun 2021
Introduced Jan 11, 2021 Signed Jun 23, 2021
Floor votes · Senate Apr 7, 2021 · House Jun 7, 2021

How they voted

271
Passed · 2 other
Total votes 30
Apr 7, 2021
D Democratic18
17 Yea 1
94% Yea
I Independent1
1 Yea
100% Yea
R Republican11
9 Yea 1 Nay 1
81% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
29
Key actions
9
Committee
6
Jun 23, 2021
Signed into law
Governor signed.
upper
Jun 15, 2021
Lower · Passed
Speaker signed.
lower
Jun 14, 2021
Upper · Passed
President signed.
upper
Jun 9, 2021
Upper · Passed
Senate concurred in House amendments and repassed bill.
upper
Jun 7, 2021
Lower · Passed
Third reading. Carried by Morgan. Passed.
lower
May 27, 2021
Lower · Passed
Recommendation: Do pass with amendments and be printed B-Engrossed.
lower
Apr 28, 2021
Lower · Passed
Returned to Full Committee.
lower
Apr 23, 2021
Committee
Assigned to Subcommittee On Civil Law.
lower
Apr 13, 2021
Committee
Referred to Judiciary.
lower
Apr 8, 2021
Introduced
First reading. Referred to Speaker's desk.
lower
Apr 7, 2021
Introduced
Vote explanation(s) filed by Heard.
upper
Apr 7, 2021
Upper · Passed
Third reading. Carried by Prozanski. Passed.
upper
Apr 1, 2021
Upper · Passed
Recommendation: Do pass with amendments. (Printed A-Eng.)
upper
Jan 19, 2021
Committee
Referred to Judiciary and Ballot Measure 110 Implementation.
upper
Jan 11, 2021
Introduced
Introduction and first reading. Referred to President's desk.
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.