and section 50 of this 2025 Act, to lack fitness to proceed on or after

161.370 and section 50 of this 2025 Act, to lack fitness to proceed on or after September 29, 2025. [2025 c.559 �47]

����� Sec. 48. Sections 44 to 46 of this 2025 Act are repealed on January 1, 2028. [2025 c.559 �48]

����� 161.372 Involuntary administration of medication for fitness to proceed; hearing; court order; confidentiality. (1) If, at any point while the defendant is in the custody of the superintendent of the state mental hospital after commitment under ORS 161.370, the superintendent determines that medication is the recommended treatment in order to allow the defendant to gain or regain fitness to proceed, the defendant is refusing to take the recommended medication and the defendant cannot be involuntarily medicated without a court order, the superintendent shall submit a report of the determination to the court.

����� (2) The report described in subsection (1) of this section shall include:

����� (a) Information regarding the benefits and side effects of each recommended medication;

����� (b) Information concerning the defendant�s refusal to take the recommended medication; and

����� (c) The likelihood that the medication will allow the defendant to gain or regain fitness to proceed.

����� (3)(a) Based upon the report described in subsection (1) of this section, the prosecuting attorney may file a motion requesting that the court authorize the involuntary administration of medication to the defendant. The prosecuting attorney shall provide a copy of the motion to the defendant.

����� (b) The court shall hold a hearing on the motion if either the prosecuting attorney or the defendant requests a hearing. At the hearing, the court shall determine whether to issue an order authorizing the involuntary administration of medication to the defendant.

����� (c) In order to enter an order authorizing the involuntary administration of medication to the defendant, the court must find that:

����� (A) Involuntary medication of the defendant is not otherwise authorized by law;

����� (B) There are important state interests at stake in the prosecution of the defendant;

����� (C) The recommended medication will significantly further the important state interests because:

����� (i) It is substantially likely that the medication will render the defendant fit to proceed; and

����� (ii) It is substantially unlikely that the medication will cause side effects that will impair the fairness of the criminal proceeding;

����� (D) Involuntary administration of medication is necessary to further the important state interests because there are no alternative, less intrusive treatments that would produce the same result as the medication; and

����� (E) Administration of the medication is medically appropriate because it is in the defendant�s best medical interest in light of the defendant�s medical condition.

����� (d) A court order authorizing the involuntary administration of medication to a defendant under this section must specify:

����� (A) The specific medication or type of medications permitted to be administered to the defendant;

����� (B) The maximum dosage that may be administered; and

����� (C) The duration of time that the state mental hospital may involuntarily medicate the defendant before reporting back to the court on the defendant�s mental condition and progress toward gaining or regaining fitness to proceed. The duration of time shall not exceed the maximum period of the defendant�s commitment to the state mental hospital, or 180 calendar days, whichever is shorter.

����� (4)(a) Reports, motions and orders concerning the involuntary medication of a defendant under this section are confidential and may be made available only:

����� (A) To the court, prosecuting attorney, defense attorney, agent of the prosecuting or defense attorney, defendant, community mental health program director or designee, state mental hospital and any facility in which the defendant is housed; or

����� (B) As ordered by a court.

����� (b) Any facility in which a defendant is housed may not use a report or document described in paragraph (a) of this subsection to support a disciplinary action against the defendant.

����� (c) Nothing in this subsection prohibits the prosecuting attorney, defense attorney or agent of the prosecuting or defense attorney from discussing the contents of a report or document described in paragraph (a) of this subsection with witnesses or victims as otherwise permitted by law. [2019 c.318 �4; 2021 c.395 �8]

����� 161.373 Records for fitness to proceed examination; compliance with court order. (1) Unless otherwise prohibited by law or for good cause, all public bodies, as defined in ORS 174.109, and any private medical provider in possession of records concerning the defendant, shall, within five business days of receipt of the order, comply with a court order for the release of records to the state mental hospital or other facility designated by the Oregon Health Authority for the purpose of conducting an examination or evaluation under ORS 161.355 to 161.371.

����� (2) Notwithstanding subsection (1) of this section, the Oregon Youth Authority, the Department of Corrections, a community college district, a community college service district, a public university, a school district or an education service district may, after notifying the state hospital or other facility designated by the Oregon Health Authority, comply with the court order within 15 business days of receipt of the order without good cause.

����� (3) As used in this section, in the case of a community college district, a community college service district, a public university, a school district or an education service district, �business day� does not include any day on which the central administration offices of the district or university are closed. [2019 c.311 �2; 2021 c.395 �9]

����� 161.375 Escape of person placed at hospital or facility; authority to order arrest. (1) When a patient, who has been placed at a state hospital for evaluation, care, custody and treatment under ORS 161.315 to 161.351 or by court order under ORS 161.315, 161.365 or 161.370, has escaped or is absent without authorization from the hospital or from the custody of any person in whose charge the superintendent has placed the patient, the superintendent may order the arrest and detention of the patient.

����� (2) When a patient, who has been placed at a secure intensive community inpatient facility for evaluation, care, custody and treatment under ORS 161.315 to 161.351 or by court order under ORS 161.315, 161.365, 161.370 or 419C.527, has escaped or is absent without authorization from the facility or from the custody of any person in whose charge the director of the facility has placed the patient, the director of the facility shall notify the Director of the Oregon Health Authority. The Director of the Oregon Health Authority may order the arrest and detention of the patient.

����� (3) The superintendent or the Director of the Oregon Health Authority may issue an order under this section based upon a reasonable belief that grounds exist for issuing the order. When reasonable, the superintendent or the Director of the Oregon Health Authority shall investigate to ascertain whether such grounds exist.

����� (4) Any order issued by the superintendent or the Director of the Oregon Health Authority as authorized by this section constitutes full authority for the arrest and detention of the patient and all laws applicable to warrant or arrest apply to the order. An order issued by the superintendent or the Director of the Oregon Health Authority under this section expires 72 hours after being signed by the superintendent or the Director of the Oregon Health Authority.

����� (5) As used in this section, �superintendent� means the superintendent of the state hospital to which the person was committed or the superintendent�s authorized representative. [1997 c.423 �1; 2005 c.685 �7; 2005 c.843 �24a; 2009 c.595 �108; 2011 c.708 �7]

����� 161.380 [1971 c.743 �53; renumbered