(1)(a) At the death warrant hearing under ORS 137.463, the court shall order that the Department of Human Services or its designee perform an assessment of the defendant’s mental capacity to engage in reasoned choices of legal strategies and options if:
(A) The defendant indicates the wish to waive the right to counsel; and
(B) The court has substantial reason to believe that, due to mental incapacity, the defendant cannot engage in reasoned choices of legal strategies and options.
(b) The court also shall order an assessment described in paragraph (a) of this subsection upon motion by the state.
(2) If the requirements of subsection (1) of this section are met, the court may order the defendant to be committed to a state mental hospital designated by the Department of Human Services for a period not exceeding 30 days for the purpose of assessing the defendant’s mental capacity. The report of any competency assessment performed under this section must include, but need not be limited to, the following:
(a) A description of the nature of the assessment;
(b) A statement of the mental condition of the defendant; and
(c) A statement regarding the defendant’s mental capacity to engage in reasoned choices of legal strategies and options.
(3) If the competency assessment cannot be conducted because the defendant is unwilling to participate, the report must so state and must include, if possible, an opinion as to whether the unwillingness of the defendant is the result of a mental condition affecting the defendant’s mental capacity to engage in reasoned choices of legal strategies and options.
(4) The Department of Human Services shall file three copies of the report of the competency assessment with the clerk of the court, who shall cause copies to be delivered to the district attorney and to counsel for the defendant. [1999 c.1055 §3]
Note: 137.464, 137.466, 137.476, 137.478 and 137.482 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Section: Previous 137.420 137.430 137.440 137.450 137.452 137.460 137.463 137.464 137.465 137.466 137.467 137.470 137.473 137.475 137.476 NextLast modified: August 7, 2008