ORS 161.360 Qualifying mental disorder affecting fitness to proceed

If, before or during the trial in any criminal case, the court has reason to doubt the defendant’s fitness to proceed by reason of incapacity, the court may order an examination in the manner provided in ORS 161.365.

A defendant may be found incapacitated if, as a result of a qualifying mental disorder, the defendant is unable:

To understand the nature of the proceedings against the defendant;

To assist and cooperate with the counsel of the defendant; or

To participate in the defense of the defendant.