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
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
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Stable record: oregon_criminal_law:legal_authorities:161.372 Source file: ors161.html Pages: Not recorded – Not recorded Passage SHA-256: 38c86c6c3e611f7d8f996ac659726a5b5b1bd97655324f0ba603cf588f635b59 Retained source evidence SHA-256: 8773685681f1bf26a63d62a05c338a6e76c17f6dd1b69da0a77625951fdf2fe5
Source location: ORS 161.372 (all printed versions and notes)
Stored source content
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]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
161.370 Proceedings upon finding of unfitness; commitment; rules. (1) When the defendant’s fitness to proceed is drawn in question, the issue shall be determined by the court as described in ORS 161.363.
(2)(a) If the court determines under ORS 161.363 that the defendant lacks fitness to proceed, the criminal proceeding against the defendant shall be suspended and the court shall proceed in accordance with this subsection.
(b) After making the determination under paragraph (a) of this subsection, the court shall receive a recommendation from a community mental health program director or the director’s designee, and from any local entity that would be responsible for treating the defendant if the defendant were to be released in the community, concerning whether appropriate community restoration services are present and available in the community.
(c) If the parties agree as to the appropriate action under this section, the court may, after making all findings required by law, enter any order authorized by this section. If the parties do not agree as to the appropriate action, the court and the parties shall, at a hearing, consider an appropriate action in the case, and the court shall make a determination and enter an order necessary to implement the action. In determining the appropriate action, the court shall consider the primary and secondary release criteria as defined in ORS 135.230, the least restrictive option appropriate for the defendant, the needs of the defendant and the interests of justice. Actions may include but are not limited to:
(A) Commitment for the defendant to gain or regain fitness to proceed under subsection (3) or (4) of this section;
(B) An order to engage in community restoration services, as recommended by the community mental health pr
161.371 Procedures upon commitment of defendant; placement process; maximum term of commitment. (1) The superintendent of a state mental hospital or director of a facility to which the defendant is committed under ORS 161.370 shall cause the defendant to be evaluated by a certified evaluator within 60 days from the defendant’s delivery into the superintendent’s or director’s custody, for the purpose of determining whether there is a substantial probability that, in the foreseeable future, the defendant will have fitness to proceed. In addition, the superintendent or director shall:
(a) Immediately notify the committing court if the defendant, at any time, gains or regains fitness to proceed or if there is no substantial probability that, within the foreseeable future, the defendant will gain or regain fitness to proceed.
(b) Within 90 days of the defendant’s delivery into the superintendent’s or director’s custody, notify the committing court that:
(A) The defendant has present fitness to proceed;
(B) There is no substantial probability that, in the foreseeable future, the defendant will gain or regain fitness to proceed; or
(C) There is a substantial probability that, in the foreseeable future, the defendant will gain or regain fitness to proceed. If the probability exists, the superintendent or director shall give the court an estimate of the time in which the defendant, with appropriate treatment, is expected to gain or regain fitness to proceed.
(c) Notify the court if court-ordered involuntary medication is necessary for the defendant to gain or regain fitness to proceed and, if appropriate, submit a report to the court under ORS 161.372.
(2)(a) If the superintendent of the state mental hospital or director of the facility to which the defendant is committed