Modifies procedures related to criminal defendants lacking fitness to proceed. Provides that when defendant is committed to state mental hospital or other facility for examination on issue of fitness to proceed, examination may include period of observation. Provides that committed defendant be transported to hospital or facility for examination, after which superintendent of hospital or director of facility may return defendant to facility from which defendant was transported, or inform court and parties that defendant requires hospital level of care and request that defendant remain at facility pending fitness to proceed order. Authorizes report concerning defendant's fitness to proceed to be provided to community mental health program director of county in which defendant is charged and county of defendant's last known residence. Restricts availability and use of report. Authorizes court to enter order concerning fitness to proceed, without hearing, based on report from examination if both parties consent. Requires court to receive and consider certain input from community mental health program director or director's designee, and any entity responsible for supervising defendant upon release, after court finds defendant lacks fitness to proceed. Directs court and parties to at hearing determine appropriate action in case. Directs court to consider certain criteria and enter order necessary to implement action. Requires court to make three specified findings before committing defendant to state mental hospital or other facility. Requires review hearing after 14 ] every seven days for certain defendants not requiring ] lacking fitness to proceed who do not require hospital level of care and who remain in custody following fitness determination . Modifies procedures when court receives notice that committed defendant is no longer danger to self or others , that defendant no longer requires hospital level of care, or that resources to treat defendant are available in community. Requires review hearing every seven days when court terminates commitment but defendant remains in custody. Prohibits court from committing defendant lacking fitness to proceed to state mental hospital or other facility when defendant charged only with violation offenses. Restricts circumstances in which court may commit defendant lacking fitness to proceed to state mental hospital or other facility when defendant is ] charged only with misdemeanor or violation ] misdemeanor offenses . Provides that defendant committed for treatment to restore fitness to proceed receive credit for time served in jail both before and after commitment. Authorizes treatment, as permitted by law, when defendant committed for purposes of conducting examination on issue of mental defense. Restricts availability and use of report resulting from examination. Declares emergency, effective on passage.

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Oregon 2019 Regular Session Status: Enacted

SB 24 — Relating to forensic evaluations; and declaring an emergency.

Last action July 23, 2019 — Effective date, July 15, 2019.

✓
Introduced
✓
In Committee
✓
Passed Senate
✓
Passed House
✓
To Executive
6
Enacted

This bill has been enacted into law. Introduced January 14, 2019. Enacted.

Prognosis

Likely to advance 68% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

Enacted

Current position in the legislative process.
Cleared a recorded vote

Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Modifies procedures related to criminal defendants lacking fitness to proceed. Provides that when defendant is committed to state mental hospital or other facility for examination on issue of fitness to proceed, examination may include period of observation. Provides that committed defendant be transported to hospital or facility for examination, after which superintendent of hospital or director of facility may return defendant to facility from which defendant was transported, or inform court and parties that defendant requires hospital level of care and request that defendant remain at facility pending fitness to proceed order. Authorizes report concerning defendant's fitness to proceed to be provided to community mental health program director of county in which defendant is charged and county of defendant's last known residence. Restricts availability and use of report. Authorizes court to enter order concerning fitness to proceed, without hearing, based on report from examination if both parties consent. Requires court to receive and consider certain input from community mental health program director or director's designee, and any entity responsible for supervising defendant upon release, after court finds defendant lacks fitness to proceed. Directs court and parties to at hearing determine appropriate action in case. Directs court to consider certain criteria and enter order necessary to implement action. Requires court to make three specified findings before committing defendant to state mental hospital or other facility. Requires review hearing after 14] every seven days for certain defendants not requiring] lacking fitness to proceed who do not require hospital level of care and who remain in custody following fitness determination. Modifies procedures when court receives notice that committed defendant is no longer danger to self or others, that defendant no longer requires hospital level of care, or that resources to treat defendant are available in community. Requires review hearing every seven days when court terminates commitment but defendant remains in custody. Prohibits court from committing defendant lacking fitness to proceed to state mental hospital or other facility when defendant charged only with violation offenses. Restricts circumstances in which court may commit defendant lacking fitness to proceed to state mental hospital or other facility when defendant is] charged only with misdemeanor or violation] misdemeanor offenses. Provides that defendant committed for treatment to restore fitness to proceed receive credit for time served in jail both before and after commitment. Authorizes treatment, as permitted by law, when defendant committed for purposes of conducting examination on issue of mental defense. Restricts availability and use of report resulting from examination. Declares emergency, effective on passage.

Bill Text

We don't have the full text on file for this bill yet.

Read SB 24 on the official Oregon source →

Action History

July 23, 2019
Effective date, July 15, 2019.
July 23, 2019
Chapter 538, 2019 Laws.
July 15, 2019
Governor signed.
July 03, 2019
Speaker signed.
July 03, 2019
President signed.
June 29, 2019
Senate adopted Conference Committee Report and repassed bill.
June 25, 2019
Repassed.
June 25, 2019
House adopted Conference Committee Report.
June 20, 2019
Conference Committee Report read in House.
June 19, 2019
Conference Committee Recommendation: The Senate concur in House amendments dated 05-30 and B-Engrossed bill be further amended and repassed.
June 18, 2019
Work Session held.
June 14, 2019
Representatives Greenlick, Stark, Williamson appointed House conferees.
June 12, 2019
Senators Linthicum, Manning Jr, Prozanski appointed Senate conferees.
June 12, 2019
Senate refused to concur in House amendments.
June 04, 2019
Third reading. Carried by Greenlick, Williamson. Passed.
June 03, 2019
Second reading.
May 30, 2019
Recommendation: Do pass with amendments and be printed B-Engrossed.
May 23, 2019
Work Session held.
May 22, 2019
Public Hearing held.
May 13, 2019
Public Hearing cancelled.
April 26, 2019
Referred to Judiciary.
April 24, 2019
First reading. Referred to Speaker's desk.
April 23, 2019
Third reading. Carried by Manning Jr. Passed.
April 22, 2019
Second reading.
April 19, 2019
Recommendation: Do pass with amendments. (Printed A-Eng.)
April 08, 2019
Work Session held.
April 04, 2019
Work Session held.
March 11, 2019
Public Hearing held.
January 15, 2019
Referred to Judiciary.
January 14, 2019
Introduction and first reading. Referred to President's desk.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 90 not signed on · 3 voted No

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (90)

90 members have not signed on to this bill.

Show all 90 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Senate adopted Conference Committee Report and repassed bill.

June 29, 2019

Passed 26 Yea · 1 Nay · 3 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	19	1	0	2
Democrat	6	0	0	0
Republican	1	0	0	1
Total	26	1	0	3
% of votes cast	87%	3%	0%	10%

How each member voted (30)

Member	Party	Vote
Alan Olsen	—	Yea
Arnie Roblan	—	Yea
Betsy Johnson	—	Yea
Bill Hansell	—	Yea
Brian Boquist	—	Not Voting
Chuck Riley	—	Yea
Chuck Thomsen	—	Nay
Cliff Bentz	—	Yea
Dallas Heard	—	Yea
Dennis Linthicum	—	Not Voting
Denyc Boles	—	Yea
Elizabeth Steiner Hayward	—	Yea
Ginny Burdick	—	Yea
Herman Baertschiger Jr.	—	Yea
Laurie Monnes Anderson	—	Yea
Lee Beyer	—	Yea
Mark Hass	—	Yea
Michael Dembrow	—	Yea
Peter Courtney	—	Yea
Sara Gelser	—	Yea
Shemia Fagan	—	Yea
Tim Knopp	—	Yea
Floyd Prozanski	Democrat	Yea
James Manning Jr.	Democrat	Yea
Jeff Golden	Democrat	Yea
Kathleen Taylor	Democrat	Yea
Lew Frederick	Democrat	Yea
Rob Wagner	Democrat	Yea
Fred Girod	Republican	Not Voting
Kim Thatcher	Republican	Yea

Official roll call →

Repassed.

June 25, 2019

Passed 58 Yea · 0 Nay · 2 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	35	0	0	2
Democrat	14	0	0	0
Republican	9	0	0	0
Total	58	0	0	2
% of votes cast	97%	0%	0%	3%

How each member voted (60)

Member	Party	Vote
Alissa Keny-Guyer	—	Yea
Andrea Salinas	—	Yea
Anna Williams	—	Yea
Barbara Smith Warner	—	Yea
Bill Post	—	Yea
Brad Witt	—	Yea
Brian Clem	—	Not Voting
Caddy McKeown	—	Yea
Carl Wilson	—	Yea
Carla Piluso	—	Yea
Cheri Helt	—	Yea
Courtney Neron	—	Yea
Dan Rayfield	—	Yea
Denyc Boles	—	Not Voting
Diego Hernandez	—	Yea
Duane Stark	—	Yea
Gary Leif	—	Yea
Greg Barreto	—	Yea
Jack Zika	—	Yea
Janelle Bynum	—	Yea
Jeff Barker	—	Yea
Jeff Reardon	—	Yea
Jennifer Williamson	—	Yea
Karin Power	—	Yea
Lynn Findley	—	Yea
Margaret Doherty	—	Yea
Marty Wilde	—	Yea
Mike Nearman	—	Yea
Mitch Greenlick	—	Yea
Paul Holvey	—	Yea
Rachel Prusak	—	Yea
Ron Noble	—	Yea
Sheri Schouten	—	Yea
Sherrie Sprenger	—	Yea
Teresa Alonso Leon	—	Yea
Tiffiny Mitchell	—	Yea
Tina Kotek	—	Yea
Chris Gorsek	Democrat	Yea
David Gomberg	Democrat	Yea
Janeen Sollman	Democrat	Yea
John Lively	Democrat	Yea
Julie Fahey	Democrat	Yea
Ken Helm	Democrat	Yea
Mark Meek	Democrat	Yea
Nancy Nathanson	Democrat	Yea
Pam Marsh	Democrat	Yea
Paul Evans	Democrat	Yea
Rob Nosse	Democrat	Yea
Sue Rieke Smith	Democrat	Yea
Susan McLain	Democrat	Yea
Tawna Sanchez	Democrat	Yea
Cedric Hayden	Republican	Yea
Christine Drazan	Republican	Yea
Daniel Bonham	Republican	Yea
David Brock Smith	Republican	Yea
E. Werner Reschke	Republican	Yea
Kim Wallan	Republican	Yea
Mike McLane	Republican	Yea
Rick Lewis	Republican	Yea
Shelly Boshart Davis	Republican	Yea

Official roll call →

Heard and Reported Out with Amendments

June 18, 2019

Passed 6 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Unaffiliated	4	0	0	0
Democrat	2	0	0	0
Total	6	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (6)

Member	Party	Vote
Dennis Linthicum	—	Yea
Duane Stark	—	Yea
Jennifer Williamson	—	Yea
Mitch Greenlick	—	Yea
Floyd Prozanski	Democrat	Yea
James Manning Jr.	Democrat	Yea

Official roll call →

Senate refused to concur in House amendments.

June 12, 2019

Passed 29 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Unaffiliated	21	0	0	0
Democrat	6	0	0	0
Republican	2	0	0	0
Total	29	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (29)

Member	Party	Vote
Alan Olsen	—	Yea
Arnie Roblan	—	Yea
Betsy Johnson	—	Yea
Bill Hansell	—	Yea
Brian Boquist	—	Yea
Chuck Riley	—	Yea
Chuck Thomsen	—	Yea
Cliff Bentz	—	Yea
Dallas Heard	—	Yea
Dennis Linthicum	—	Yea
Elizabeth Steiner Hayward	—	Yea
Ginny Burdick	—	Yea
Herman Baertschiger Jr.	—	Yea
Laurie Monnes Anderson	—	Yea
Lee Beyer	—	Yea
Mark Hass	—	Yea
Michael Dembrow	—	Yea
Peter Courtney	—	Yea
Sara Gelser	—	Yea
Shemia Fagan	—	Yea
Tim Knopp	—	Yea
Floyd Prozanski	Democrat	Yea
James Manning Jr.	Democrat	Yea
Jeff Golden	Democrat	Yea
Kathleen Taylor	Democrat	Yea
Lew Frederick	Democrat	Yea
Rob Wagner	Democrat	Yea
Fred Girod	Republican	Yea
Kim Thatcher	Republican	Yea

Official roll call →

Third reading. Carried by Greenlick, Williamson. Passed.

June 04, 2019

Passed 54 Yea · 2 Nay · 4 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	32	2	0	3
Democrat	13	0	0	1
Republican	9	0	0	0
Total	54	2	0	4
% of votes cast	90%	3%	0%	7%

How each member voted (60)

Member	Party	Vote
Alissa Keny-Guyer	—	Yea
Andrea Salinas	—	Yea
Anna Williams	—	Yea
Barbara Smith Warner	—	Yea
Bill Post	—	Nay
Brad Witt	—	Yea
Brian Clem	—	Yea
Caddy McKeown	—	Yea
Carl Wilson	—	Yea
Carla Piluso	—	Yea
Cheri Helt	—	Yea
Courtney Neron	—	Yea
Dan Rayfield	—	Yea
Denyc Boles	—	Yea
Diego Hernandez	—	Not Voting
Duane Stark	—	Yea
Gary Leif	—	Yea
Greg Barreto	—	Yea
Jack Zika	—	Yea
Janelle Bynum	—	Yea
Jeff Barker	—	Yea
Jeff Reardon	—	Not Voting
Jennifer Williamson	—	Yea
Karin Power	—	Yea
Lynn Findley	—	Yea
Margaret Doherty	—	Yea
Marty Wilde	—	Yea
Mike Nearman	—	Nay
Mitch Greenlick	—	Yea
Paul Holvey	—	Yea
Rachel Prusak	—	Yea
Ron Noble	—	Yea
Sheri Schouten	—	Yea
Sherrie Sprenger	—	Yea
Teresa Alonso Leon	—	Yea
Tiffiny Mitchell	—	Yea
Tina Kotek	—	Not Voting
Chris Gorsek	Democrat	Yea
David Gomberg	Democrat	Yea
Janeen Sollman	Democrat	Yea
John Lively	Democrat	Yea
Julie Fahey	Democrat	Yea
Ken Helm	Democrat	Not Voting
Mark Meek	Democrat	Yea
Nancy Nathanson	Democrat	Yea
Pam Marsh	Democrat	Yea
Paul Evans	Democrat	Yea
Rob Nosse	Democrat	Yea
Sue Rieke Smith	Democrat	Yea
Susan McLain	Democrat	Yea
Tawna Sanchez	Democrat	Yea
Cedric Hayden	Republican	Yea
Christine Drazan	Republican	Yea
Daniel Bonham	Republican	Yea
David Brock Smith	Republican	Yea
E. Werner Reschke	Republican	Yea
Kim Wallan	Republican	Yea
Mike McLane	Republican	Yea
Rick Lewis	Republican	Yea
Shelly Boshart Davis	Republican	Yea

Official roll call →

Heard and Reported Out with Amendments

May 23, 2019

Passed 10 Yea · 0 Nay · 1 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	7	0	0	1
Democrat	1	0	0	0
Republican	2	0	0	0
Total	10	0	0	1
% of votes cast	91%	0%	0%	9%

How each member voted (11)

Member	Party	Vote
Carla Piluso	—	Yea
Duane Stark	—	Yea
Janelle Bynum	—	Yea
Jeff Barker	—	Not Voting
Jennifer Williamson	—	Yea
Karin Power	—	Yea
Mitch Greenlick	—	Yea
Sherrie Sprenger	—	Yea
Chris Gorsek	Democrat	Yea
Mike McLane	Republican	Yea
Rick Lewis	Republican	Yea

Official roll call →

Third reading. Carried by Manning Jr. Passed.

April 23, 2019

Passed 29 Yea · 0 Nay · 1 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	21	0	0	1
Democrat	6	0	0	0
Republican	2	0	0	0
Total	29	0	0	1
% of votes cast	97%	0%	0%	3%

How each member voted (30)

Member	Party	Vote
Alan Olsen	—	Yea
Arnie Roblan	—	Yea
Betsy Johnson	—	Yea
Bill Hansell	—	Yea
Brian Boquist	—	Yea
Chuck Riley	—	Yea
Chuck Thomsen	—	Yea
Cliff Bentz	—	Yea
Dallas Heard	—	Yea
Dennis Linthicum	—	Yea
Elizabeth Steiner Hayward	—	Yea
Ginny Burdick	—	Yea
Herman Baertschiger Jr.	—	Yea
Jackie Winters	—	Not Voting
Laurie Monnes Anderson	—	Yea
Lee Beyer	—	Yea
Mark Hass	—	Yea
Michael Dembrow	—	Yea
Peter Courtney	—	Yea
Sara Gelser	—	Yea
Shemia Fagan	—	Yea
Tim Knopp	—	Yea
Floyd Prozanski	Democrat	Yea
James Manning Jr.	Democrat	Yea
Jeff Golden	Democrat	Yea
Kathleen Taylor	Democrat	Yea
Lew Frederick	Democrat	Yea
Rob Wagner	Democrat	Yea
Fred Girod	Republican	Yea
Kim Thatcher	Republican	Yea

Official roll call →

Heard and Reported Out with Amendments

April 08, 2019

Passed 7 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Unaffiliated	4	0	0	0
Democrat	2	0	0	0
Republican	1	0	0	0
Total	7	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (7)

Member	Party	Vote
Cliff Bentz	—	Yea
Dennis Linthicum	—	Yea
Sara Gelser	—	Yea
Shemia Fagan	—	Yea
Floyd Prozanski	Democrat	Yea
James Manning Jr.	Democrat	Yea
Kim Thatcher	Republican	Yea

Official roll call →

Subjects

public-safety civil-rights healthcare

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Frequently asked questions

What does SB 24 do?: Modifies procedures related to criminal defendants lacking fitness to proceed. Provides that when defendant is committed to state mental hospital or other facility for examination on issue of fitness to proceed, examination may include period of observation. Provides that committed defendant be transported to hospital or facility for examination, after which superintendent of hospital or director of facility may return defendant to facility from which defendant was transported, or inform court and parties that defendant requires hospital level of care and request that defendant remain at facility pending fitness to proceed order. Authorizes report concerning defendant's fitness to proceed to be provided to community mental health program director of county in which defendant is charged and county of defendant's last known residence. Restricts availability and use of report. Authorizes court to enter order concerning fitness to proceed, without hearing, based on report from examination if both parties consent. Requires court to receive and consider certain input from community mental health program director or director's designee, and any entity responsible for supervising defendant upon release, after court finds defendant lacks fitness to proceed. Directs court and parties to at hearing determine appropriate action in case. Directs court to consider certain criteria and enter order necessary to implement action. Requires court to make three specified findings before committing defendant to state mental hospital or other facility. Requires review hearing after 14] every seven days for certain defendants not requiring] lacking fitness to proceed who do not require hospital level of care and who remain in custody following fitness determination. Modifies procedures when court receives notice that committed defendant is no longer danger to self or others, that defendant no longer requires hospital level of care, or that resources to treat defendant are available in community. Requires review hearing every seven days when court terminates commitment but defendant remains in custody. Prohibits court from committing defendant lacking fitness to proceed to state mental hospital or other facility when defendant charged only with violation offenses. Restricts circumstances in which court may commit defendant lacking fitness to proceed to state mental hospital or other facility when defendant is] charged only with misdemeanor or violation] misdemeanor offenses. Provides that defendant committed for treatment to restore fitness to proceed receive credit for time served in jail both before and after commitment. Authorizes treatment, as permitted by law, when defendant committed for purposes of conducting examination on issue of mental defense. Restricts availability and use of report resulting from examination. Declares emergency, effective on passage.
What is the current status of SB 24?: This bill has been enacted into law. Introduced January 14, 2019. Enacted.
Where can I track SB 24?: Track SB 24 free on One Click Politics — get push/email alerts when it moves.

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