IN THE CIRCUIT COURT OF THE STATE OF OREGON
`FOR THE COUNTY OF MULTNOMAH
`
`CASE NO: 21CR57559
`
`DA NO: 24423264
`
`ORDER FINDING THE DEFENDANT
`UNABLE TO AID AND ASSIST AND
`ORDER TO TRANSPORT IN
`CUSTODY DEFENDANT TO THE
`OREGON STATE HOSPITAL FOR
`TREATMENT (ORS 161.370)
`
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`)))))
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`STATE 0F OREGON
`
`Plaintiff,
`
`v.
`
`Terri Lvnn Zinser.
`
`Defendant.
`
`DOB: 04~02~68
`SID: 11604945
`
`This matter came before the Court on 01—11-2022 for a determination of the defendant's fitness to
`proceed pursuant to ORS 161.370.
`
`The defendant appeared in custody, with counsel Z. Pedrazzi Bar: 121816, and the State appeared
`through T. Sewell, OSB # 951697.
`
`The Court finds that defendant is charged with the following offenses (listed in order of seriousness by
`crime classification):
`
`Crime ORS#:
`Felonv/Misd/Viol: Maximum Sentence:
`Crime Name:
`Theft in the Second Degree ORS 164.045 MA
`1.
`1 year
`Criminal Trespass in the Second Degree ORS 164.245 MC 6 months
`2.
`Theft in the Third Degree ORS 164.043 MC
`6 months
`3.
`Theft in the Third Degree ORS 164.043 MC
`6 months
`4.
`
`Booking Date:
`11-24-2021
`11—24—2021
`11-24-2021
`11—24—2021
`
`Based on the Court's review and consideration of:
`X The report of certified evaluator Dr. Dinisha Blanding, dated 01—02-2022 (ORS 161 .365(3));
`X Consultation from the community mentai health program (CMHP);
`X The Court's inquiry and observation of defendant at the hearing;
`X The defense counsel's representation;
`[:1 Other information provided, to wit:
`THE COURT being fully informed FINDS the defendant lacks the fitness to proceed, as defined by
`ORS 161.3600), and:
`
`1.
`
`2.
`
`In consideration of the primary and secondary release criteria (ORS 135.23 0), the least restrictive
`option appropriate for the defendant, the needs of the defendant and the interests ofj ustice,
`commitment ofthe defendant is the appropriate action.
`
`Defendant:
`D Is a danger to self or others as a result of a qualifying mental disorder; and
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`Page 1 of 3 (7/19) Original to: Court f Copies to: Jail/OSH/Defendant/Defense Attorney/District Attomey/Judge
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`X Requires a hospital level of care due to the defendant's dangerousness and the acuity of
`symptoms of the defendant's qualifying mental disorder.
`
`3.
`
`4.
`
`Based the consultation performed by the CMHP, services and supervision necessary to allow the
`defendant to gain or regain fitness to proceed are not available in the community.
`
`The most serious offense in the charging instrument is a:
`D Felony; or
`X Misdemeanor, and _ certified evaluator/i community mental health program has
`does not require a hospital level of care due to the
`determined that the defendant "#qu does/
`defendant's dangerousness and the acuity of the symptoms of the defendant's qualifying mental
`disorder.
`
`It is therefore ORDERED:
`
`1.
`
`2.
`
`3.
`
`4.
`
`The criminal proceeding in the aforementioned matter against the defendant is suspended;
`
`Defendant is committed to the custody of the Superintendant of the Oregon State Hospital (OSH)
`for treatment.
`
`The Multnomah County Sheriff shall TRANSPORT defendant from the County Jail to OSH in
`Salem, Oregon and shall return the defendant to the county jail upon notification from OSH.
`
`The Superintendent shall:
`
`b.
`
`a. Cause defendant to be evaluated within 60 days of defendant's delivery into the custody
`ofthe Superintendant for the purpose of determining Whether there is a substantial
`probability that, in the foreseeable future, defendant will have the capacity to stand trial.
`ORS 161 370(8).
`Immediately notify the Court if the defendant, at any time, gains or regains the capacity
`to stand trial or will never have the capacity to stand trial
`c. Within 9O days of the defendant's delivery to the Superintendent's custody, notify the
`Court that:
`i. The defendant has the present capacity to stand trial; or
`ii. There is a substantial probability in the foreseeable future the defendant will gain
`or regain the capacity to stand trial and give the court an estimate of time in which
`the defendant is expected to gain or regain capacity; or
`If there is no substantial probability that in the foreseeable future, the defendant
`will gain or regain the capacity to stand trial.
`d. Submit a progress report update to the court concerning the defendant's capacity or
`incapacity at least once every 180 days (as measured from the date of defendant's
`delivery into the Superintendent's custody) for the duration of the defendant's
`commitment; and
`e. Notifi/ the court if the Superintendent determines that defendant is no longer dangerous to
`self or others due to a qualifying mental disorder, no longer requires a hospital level of
`care due to acuity of symptoms from defendant's qualifying mental disorder, or that the
`supervision and services necessary to restore defendant's fitness to proceed are available
`in the community, the superintendent shall file notice of that determination with the
`court.
`
`iii.
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`5.
`
`6.
`
`7.
`
`8.
`
`A defendant's commitment to OSH shall be no longer than the maximum sentence the court
`could have imposed if the defendant had been convicted or three (3) years, whichever is less
`(ORS 161.370(10)(a)). Also, HB 23 08 (2017) requires the court to give credit for time in jail to
`defendants who are not charged with a crime listed in ORS 137.700(2). This defendant
`is/is
`not _2_(_ charged with a crime listed in ORS 137.700(2). Therefore:
`
`a. The maximum commitment to OSH while unable to aid and assist is:
`i. D 3 years (if charges are Felony C, B, or A), or
`ii. X
`l year (Misdemeanor A), or
`iii. [j
`(maximum ofpending charges)
`Other
`b. The effective date for calculating this legal status is:
`iv. D Date committed to OSH (date order signed)
`v. D Date of arrest/booking of
`, or
`vi. X
`Date committed to OSH subtracting/giving credit for __ days of
`confinement.
`
`, or
`
`(Court relies upon the date provided by the Multnomah County Sheriff's Department records for
`calculation of time in custody since initial booking date.)
`
`Any public and any private medical provider in possession of records concerning the
`defendant release those records to OSH for the purpose of, and use in, restoring defendant's
`fitness to proceed. These documents shall be provided to OSH within 5 business days of
`receipt ofthis order. The Oregon Youth Authority, the Department of Corrections, a
`community college district or service district, a public university, a school or education
`service district may, after notifying the state hospital, comply with the court order within 15
`business days of receipt of this order.
`
`The District Attorney, defense attorney, and Multnomah County Sheriff/jailer shall provide all
`non-privileged pertinent information about defendant to the OSH within 5 business days of this
`court order.
`
`The notices and reports and updates of the examination and/or defendant's progress in treatment
`shall be filed electronically in the Oregon Judicial Department's Ecourt system with the Clerk of
`the Court for Multnomah County.
`
`9.
`
`In addition, OSH shall provide Multnomah County Mental Health Department with its reports
`and updates regarding defendant for continuity of care purposes.
`Further proceedings are set for hearing in Courtroom JC2 on 06—21—2022 at pending hospital.
`DATED: February 8. 2022
`
`O //l/
`
`Judge Nan Waller
`
`Defense Attorney
`Name: Rachel Maremont
`Address: 630 SW 5'" Ave. #500, Portland. OR 97204
`Email: r1naren10nt@nmdlaw.coni
`Ph. No.: §03—225—9100
`
`Circflufi
`eputy District Attorney
`Name: Travis Sewell
`Address: 1200 SW 15' Ave. #5200. Portland. OR 97204
`Email: travis.sewell@mcda.rrs
`Ph. No.: 503-988-5652
`
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