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The Aid and Assist Due Process Reform Act of 2026

The Aid and Assist Due Process Reform Act of 2026

The Aid and Assist Due Process Reform Act of 2026

Publication Date: March 28, 2026

Section 1. Short Title

This Act shall be known and may be cited as the "Aid and Assist Due Process Reform Act of 2026."

Section 2. Legislative Findings

The Legislative Assembly finds that:

  • ORS 161.370 is intended to restore a defendant’s ability to aid and assist in their own defense;
  • Current implementation results in prolonged detention of individuals, including those charged with misdemeanors;
  • Defendants are often held in hospital settings for durations approaching or exceeding the maximum penalties associated with their charges;
  • Evaluation procedures frequently rely on generalized or hypothetical questioning not tailored to the defendant’s specific case;
  • Access to legal materials and resources necessary for participation in one’s defense is inconsistent and, in some cases, inadequate;
  • The current system places unnecessary strain on hospital resources while failing to achieve timely and effective competency determinations;
  • A more efficient, case-specific, and constitutionally grounded system is necessary to protect due process rights.

Section 3. Definitions

For purposes of this Act:

  • "Case-specific competency evaluation" means an evaluation focused on a defendant’s understanding of their actual charges and ability to assist counsel in their own case;
  • "Defense-proctored evaluation" means an evaluation conducted or supervised by defense counsel, subject to court review;
  • "Hospital-based evaluation" refers to competency evaluation conducted within a state hospital setting.

Section 4. Amendment to ORS 161.370

ORS 161.370 is amended to include the following provisions:

(1) Case-Specific Evaluation Requirement

All competency evaluations shall be conducted on a case-specific basis and must assess the defendant’s ability to:

  • Understand the nature of the charges against them;
  • Understand the potential consequences of those charges;
  • Communicate effectively with counsel regarding their defense;
  • Participate in decision-making relevant to their case.

(2) Defense-Proctored Evaluation

Prior to any order for hospital-based evaluation, the court shall require a defense-proctored evaluation unless:

  • There is clear and convincing evidence that the defendant cannot engage meaningfully with counsel; or
  • The defendant presents a substantial and immediate risk to public safety.

(3) Limitations on Hospital Commitment

For misdemeanor charges:

  • Hospital-based evaluation shall be used only as a last resort;
  • No defendant shall be held for competency restoration for a period exceeding 30 days without a judicial review hearing;
  • Total confinement for competency purposes shall not exceed the maximum statutory penalty associated with the charged offense.

(4) Repeated Evaluations

Courts shall not order repeated hospital-based evaluations absent new and material evidence indicating a change in the defendant’s mental condition.

Section 5. Legal Access Protections

All individuals held for competency evaluation or restoration shall be provided:

  • Reasonable and timely access to legal materials relevant to their case;
  • The ability to obtain copies of legal documents and grievances without undue restriction;
  • Sufficient time and resources to prepare for and communicate in their legal proceedings;
  • Access to policies governing their rights upon request.

Restrictions on access to legal materials or copies shall not be structured in a manner that interferes with a defendant’s ability to participate in their defense.

Section 6. Alternative Placement and Community Restoration

Courts shall prioritize community-based restoration programs and alternative placements over hospital commitment, particularly for misdemeanor offenses.

Section 7. Data Collection and Reporting

The Oregon Health Authority shall publish annual reports including:

  • Average length of stay for competency evaluation and restoration;
  • Number of individuals admitted under ORS 161.370;
  • Rates of repeated admissions;
  • Outcomes of competency determinations;
  • Use of community-based alternatives.

Section 8. Effective Date

This Act shall take effect 90 days after passage.

Closing Statement

This proposed legislation is intended to restore the balance between public safety, efficient use of state resources, and the constitutional rights of individuals within Oregon’s legal system.

A system designed to evaluate competency must not become a mechanism for prolonged detention without meaningful progress. Reform is necessary to ensure that justice is both timely and accessible.

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