In 2011, the Oregon Legislature passed House Bill (HB) 3100 (ORS 161.309), giving responsibility to the Oregon Health Authority to administer the process of forensic certification. As of January 1st, 2012, a court is no longer allowed to accept reports, under ORS 161.295 and 419C.411, for guilty except for insanity (aka criminal responsibility) from an uncertified evaluator. Courts are also not allowed to appoint an uncertified evaluator to perform an evaluation for fitness to proceed (aka adjudicative competency) under 161.365 or 419C.524.
Oregon HB 2836, which was passed in August 2013, establishes new standards for determining the juveniles’ competency to stand trial on delinquency petitions and for providing restorative services for those found unfit to proceed. The new law delineates the essential elements of juvenile forensic evaluations and creates a process for addressing questions of fitness to stand trial in the juvenile court system. Juveniles found unfit to proceed will be referred to restorative services to complete a psycho-educational curriculum designed to help referred juveniles to regain or gain fitness to proceed to trial. The Oregon Health Authority was given responsibility to include the requirements of HB 2836 in the forensic certification process.