Forensic Evaluator Certification Program

Training and Certification of Forensic Evaluators

The Forensic Evaluator Certification Program (FCP) provides training, certifies qualified applicants and maintains a list of certified forensic evaluators for statewide use. Forensic evaluators:

Determine an individual's fitness to proceed or criminal responsibility.
Complete written evaluations for the court or attorneys in criminal or delinquency cases.

View the current list of certified forensic evaluators

What's New:

The FCP Program has revised Oregon Administrative Rule (OAR) 309-090-0025 (Content of Written Evaluations Assessing Competency and Criminal Responsibility) to reflect existing statutory requirement that criminal responsibility evaluations include dispositional determination(s).

OAR 309-090-0025(4) now reads:

"A criminal responsibility forensic evaluation report also shall include, at a minimum, opinions and explanations addressing:
(a) The defendant's or youth's account of the alleged offense including thoughts, feelings and behavior;
(b) Summary of relevant records including police reports,
(c) An expert opinion regarding the role of substance use in the alleged offense;
(d) The defendant's or youth's mental state at the time of the alleged offense;
(e) An expert opinion regarding whether the defendant or youth, as a result of qualifying mental disorder lacks criminal responsibility; and
(f) The dispositional determination(s) as required by ORS 161.309 and ORS 419C.524."

This revision does not introduce a new requirement. It simply clarifies what is already mandated by statute (ORS 161.309 for adults and ORS 419C.524 for juveniles). The goal is to ensure consistency and reinforce the expectation that this determination be addressed in all crimincal responsibility.

Aug. 29, 2022, U.S. District Judge Michael Mosman ruled Oregon State Hospital (OSH) should make changes to the patient discharge process. These changes affect the amount of time allowed for people under ORS 161.370, or “Aid and Assist" orders to remain at the hospital to receive competence restoration. The new restoration limits are: 

For patients whose most serious charge is a misdemeanor, the maximum duration of commitment for restoration is the lesser of the maximum permissible sentence for the underlying offense or 90 days.
For patients whose most serious charge is a felony, the maximum duration of commitment for restoration is 6 months, unless the felony meets the definition of a “violent felony" under ORS 137.700(2) in which case the maximum duration of commitment for restoration shall be one year.

Learn more on the OSH Legal Affairs website

This bill helps remedy outstanding issues relating to aid and assist, hospital level of care, and community restoration. The bill also reorganizes the aid and assist statutes.