426.035, may be reconsidered by the court at the request of either party, or on the court�s own motion, as part of a hearing on an objection to a placement under subsection (4) of this section or duri

426.035, may be reconsidered by the court at the request of either party, or on the court�s own motion, as part of a hearing on an objection to a placement under subsection (4) of this section or during a hearing described in subsection (5) of this section, only when there has been a substantial change in the defendant�s circumstances since the original determination.

����� (b) The court shall consider the criteria described in ORS 161.370 (7)(b) when reconsidering the determination under this subsection.

����� (c) A hearing at which the court reconsiders the determination under this subsection is a critical stage of the proceeding for purposes of ORS 147.500 to 147.550.

����� (8)(a) If a defendant remains committed under this section, the court shall determine within a reasonable period of time whether there is a substantial probability that, in the foreseeable future, the defendant will gain or regain fitness to proceed. However, regardless of the number of charges with which the defendant is accused, in no event shall the defendant be committed for longer than whichever of the following, measured from the defendant�s initial custody date, is shorter:

����� (A) Three years; or

����� (B) A period of time equal to the maximum sentence the court could have imposed if the defendant had been convicted.

����� (b) For purposes of calculating the maximum period of commitment described in paragraph (a) of this subsection:

����� (A) The initial custody date is the date on which the defendant is first committed under this section on any charge alleged in the accusatory instrument; and

����� (B) The defendant shall be given credit against each charge alleged in the accusatory instrument:

����� (i) For each day the defendant is committed under this section, whether the days are consecutive or are interrupted by a period of time during which the defendant has gained or regained fitness to proceed; and

����� (ii) Unless the defendant is charged on any charging instrument with aggravated murder or a crime listed in ORS 137.700 (2), for each day the defendant is held in jail before and after the date the defendant is first committed, whether the days are consecutive or are interrupted by a period of time during which the defendant lacks fitness to proceed.

����� (c) The superintendent of the state mental hospital or director of the facility to which the defendant is committed shall notify the committing court of the defendant�s impending discharge 30 days before the date on which the superintendent or director is required to discharge the defendant under this subsection.

����� (9)(a) All notices required under this section shall be filed with the court and may be filed electronically. The clerk of the court shall cause copies of the notices to be delivered to both the district attorney and the counsel for the defendant.

����� (b) When the committing court receives a notice from the superintendent or director under subsection (1) of this section concerning the defendant�s progress or lack thereof, or under subsection (8) of this section concerning the defendant�s impending discharge, the committing court shall determine, after a hearing if a hearing is requested, whether the defendant presently has fitness to proceed.

����� (10) If at any time the court determines that the defendant lacks fitness to proceed, the court shall further determine whether the defendant is entitled to discharge under subsection (8) of this section. If the court determines that the defendant is entitled to discharge under subsection (8) of this section, the court shall dismiss, without prejudice and in accordance with ORS 161.367 (6), all charges against the defendant and:

����� (a) Order that the defendant be discharged; or

����� (b) Initiate commitment proceedings under ORS 426.070, 426.701 or 427.235 to 427.292. [2021 c.395 �5; 2023 c.227 �3; 2025 c.175 �8; 2025 c.559 �53]

(Temporary provisions relating to maximum periods of commitment and community restoration)

����� Note: Sections 43 to 48, chapter 559, Oregon Laws 2025, provide:

����� Sec. 43. Sections 44 to 46 of this 2025 Act are added to and made a part of ORS 161.355 to 161.371. [2025 c.559 �43]

����� Sec. 44. (1) As used in this section and section 45 of this 2025 Act:

����� (a) �Authority� means the Oregon Health Authority.

����� (b) �Contempt charge� means a contempt charge alleging the violation of a court order issued under ORS 30.866, 107.700 to 107.735, 124.005 to 124.040, 133.035, 163.730 to