161.360 Qualifying mental disorder affecting fitness to proceed. (1) If, before or during the trial in any criminal case, the court has reason to doubt the defendant’s fitness to proceed by reason of incapacity, the court may order an examination in the manner provided in ORS 161.365.
(2) A defendant may be found incapacitated if, as a result of a qualifying mental disorder, the defendant is unable:
(a) To understand the nature of the proceedings against the defendant;
(b) To assist and cooperate with the counsel of the defendant; or
(c) To participate in the defense of the defendant. [1971 c.743 §50; 1993 c.238 §1; 2017 c.634 §14; 2021 c.97 §16]
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
TITLE 16
CRIMES AND PUNISHMENTS
Chapter 161. General Provisions
162. Offenses Against the State and Public Justice
163. Offenses Against Persons
163A. Sex Offender Reporting and Classification
164. Offenses Against Property
165. Offenses Involving Fraud or Deception
166. Offenses Against Public Order; Firearms and Other Weapons; Racketeering
167. Offenses Against General Welfare and Animals
169. Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities
_______________
Chapter 161 — General Provisions
Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables
2025 EDITION
GENERAL PROVISIONS
CRIMES AND PUNISHMENTS
PRINCIPLES
CRIMINAL LIABILITY
PARTIES TO CRIME
JUSTIFICATION
RESPONSIBILITY
(Temporary provisions relating to maximum periods of commitment and community restoration are compiled as notes following ORS 161.371)
INCHOATE CRIMES
CLASSES OF OFFENSES
DISPOSITION OF OFFENDERS
AUTHORITY OF SENTENCING COURT
PRINCIPLES
File SHA-256: 8773685681f1bf26a63d62a05c338a6e76c17f6dd1b69da0a77625951fdf2fe5. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected Oregon section record with its printed versions and adjoining notes. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:161.360 Source file: ors161.html Pages: Not recorded – Not recorded Passage SHA-256: e943bc775837eb47ae441f965da0f4a24fac4c5421975556c7d1c49bd3ac9050 Retained source evidence SHA-256: 8773685681f1bf26a63d62a05c338a6e76c17f6dd1b69da0a77625951fdf2fe5
Source location: ORS 161.360 (all printed versions and notes)
Stored source content
161.360 Qualifying mental disorder affecting fitness to proceed. (1) If, before or during the trial in any criminal case, the court has reason to doubt the defendant’s fitness to proceed by reason of incapacity, the court may order an examination in the manner provided in ORS 161.365.
(2) A defendant may be found incapacitated if, as a result of a qualifying mental disorder, the defendant is unable:
(a) To understand the nature of the proceedings against the defendant;
(b) To assist and cooperate with the counsel of the defendant; or
(c) To participate in the defense of the defendant. [1971 c.743 §50; 1993 c.238 §1; 2017 c.634 §14; 2021 c.97 §16]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
161.365 Fitness to proceed consultation; examination; report; rules. (1)(a) When the court has reason to doubt the defendant’s fitness to proceed by reason of incapacity as described in ORS 161.360, the court may call any witness to assist it in reaching its decision. Except as provided in paragraph (b) of this subsection, the court shall order that a community mental health program director, or the director’s designee, consult with the defendant and with any local entity that would be responsible for providing community restoration services to the defendant if the defendant were to be released in the community, to determine whether appropriate community restoration services are present and available in the community. The court may order the consultation either before or after determining the issue of fitness to proceed. After the consultation, the program director or the director’s designee shall provide to the court a copy of the findings resulting from the consultation.
(b) If the defendant is charged with one or more of the following offenses the court is not required to, but may in its discretion, order the consultation described in paragraph (a) of this subsection:
(A) Aggravated murder;
(B) Murder in any degree;
(C) Attempted aggravated murder;
(D) Attempted murder in any degree;
(E) Manslaughter in any degree;
(F) Aggravated vehicular homicide;
(G) Arson in the first degree when classified as crime category 10 of the sentencing guidelines grid of the Oregon Criminal Justice Commission;
(H) Assault in the first degree;
(I) Assault in the second degree;
(J) Kidnapping in the first degree;
(K) Kidnapping in the second degree;
(L) Rape in the first degree;
(M) Sodomy in the first degree;
(N) Unlawful sexual penetration in the first degree;
(O) Robber