justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.300. Discharge of committed persons; application for assistance on behalf of committed person. (1) The Oregon Health Authority shall, by filing a written certificate with the last committing court and the court of residence, discharge an individual from court commitment, except one held upon an order of a court or judge having criminal jurisdiction in an action or proceeding arising out of criminal offense, if the authority finds that the individual is no longer a person with mental illness or that the transfer of the individual to a voluntary status is in the individuals best interest. (2) The authority may sign applications for public assistance, as defined in ORS 411.010, medical assistance, as defined in ORS 414.025, or any other state or federal benefits on behalf of those individuals who may be eligible for public assistance, medical assistance or any other state or federal benefits upon discharge.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.303. Effect of protest of further commitment; advice of court. When the person protests a further period of commitment the Oregon Health Authority or facility designated in accordance with ORS 426.301 shall immediately notify the court and the court shall have the person brought before it and shall again advise the person that the authority or facility has requested that commitment be continued for an additional period of time and that if the person does not protest this commitment the commitment will be continued for an indefinite period of time up to 180 days. The person shall also be informed of the rights set forth in ORS 426.301.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.307. Court hearing; continuance; attorney; examination; determination of mental illness; order of further commitment; period of commitment. If a person with mental illness requests a hearing under ORS 426.301 or if the court proceeds under ORS 426.275 (5), the following provisions apply: (1) The hearing shall be conducted as promptly as possible and at a time and place as the court may direct. (2) If the person requests a continuance in order to prepare for the hearing or to obtain legal counsel to represent the person, the court may grant postponement and detention during postponement as provided under ORS 426.095. (3) The person has the right to representation by or appointment of counsel as provided under ORS 426.100 subject to ORS 135.055, 151.216 and 151.219. (4) If the person requests an examination by a physician or other qualified professional as recommended by the Oregon Health Authority and is without funds to retain a physician or other qualified professional for purposes of the examination, the court shall appoint a physician or other qualified professional, other than a member of the staff from the facility where the person is confined, to examine the person at no expense to the person and to report to the court the results of the examination. (5) The provisions of ORS 40.230, 40.235, 40.240 and 40.250 do not apply to the use of medical records from the current period of commitment or to testimony related to such records or period of commitment in connection with hearings under this section. The court may consider as evidence such reports and testimony. (6) The court shall then conduct a hearing and after hearing the evidence and reviewing the recommendations of the treating and examining physicians or other qualified professionals, the court shall determine whether the person is still a person with mental illness and is in need of further treatment. If in the opinion of the court the individual is still a person with mental illness by clear and convincing evidence and is in need of further treatment, the court may order commitment to the authority for an additional indefinite period of time up to 180 days. (7) At the end of the 180-day period, the person shall be released unless the authority or facility again certifies to the committing court that the person is still a person with mental illness and is in need of further treatment, in which event the procedures set forth in ORS 426.301 to 426.307 shall be followed.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.309. Effect of ORS 426.217 and 426.301 to 426.307 on other discharge procedure. ORS 426.217 and
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.310. Reimbursement of county expenses for commitment proceedings involving nonresidents. (1) If a person with mental illness is a resident of some other county in this state, the county making the commitment shall be reimbursed by the county of which the person is a resident. All reasonable and actual expenses incurred and paid by the county by reason of the care, custody, treatment, investigation, examination and commitment hearing shall, upon presentation of a copy of the order of the judge making the examination and commitment, together with a properly itemized and certified claim covering the expense, be promptly paid to the county by the county of which the person was a resident. The expenses reimbursed under this subsection shall include any expenses incurred to pay for representation of the states interest under ORS 426.100 and 426.250. (2) If a person alleged to have a mental illness is a resident of some other county in this state, a county attempting a commitment shall be reimbursed by the county of which the person is a resident, as defined in ORS 426.241, for all actual, reasonable expenses incurred and paid by the county attempting commitment by reason of the care, custody, treatment, investigation, examination and commitment hearing. The expenses reimbursed under this subsection shall include any expenses incurred to pay for representation of the states interest under ORS 426.100 and 426.250. (3) In the case of a county that declines to operate or contract for a community mental health program, the public agency or private corporation that contracts with the Oregon Health Authority to provide the program, as described in ORS 430.640, is responsible for reimbursing a county for the costs incurred by the county in the care, custody, treatment, investigation and examination of the person.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.320. Payment of certain expenses by the state. When a person with mental illness is assigned to or transferred to a state hospital, all of the actual and necessary expenses of transporting the person to the hospital that are incurred by the agent or attendant from the state hospital, the assistants of the agent or attendant and the person, shall be paid by the state in the manner provided in ORS 426.330.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.330. Presentation and payment of claims. (1) The special funds authorized for the use of the superintendent of the Oregon State Hospital to better enable the superintendent promptly to meet the advances and expenses necessary in the matter of transferring patients to the Oregon State Hospital are continued in existence. The superintendent shall present the superintendents claims monthly, with vouchers that show the expenditures from the special funds during the preceding month, to the Oregon Health Authority for the transfer of patients to the Oregon State Hospital. (2) Against the funds appropriated to cover the cost of transporting patients, the State Treasurer shall pay the claims of the superintendent that have been approved by the Oregon Health Authority.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.335. Limitations on liability. The following limitations on liability are applicable to actions and proceedings within this chapter and ORS 430.397 to 430.401: (1) The following individuals may not in any way be held criminally or civilly liable for the initiation of commitment procedures under ORS 426.070, provided the individual acts in good faith, on probable cause and without malice: (a) The community mental health program director or designee of the director. (b) The two petitioning persons. (c) The local health officer. (d) Any magistrate. (e) Any peace officer or parole and probation officer. (f) Any licensed independent practitioner attending the person alleged to have a mental illness. (g) Any licensed independent practitioner associated with the hospital or institution where the person alleged to have a mental illness is a patient. (2) The community mental health program director or the designee of the director conducting the investigation under ORS 426.070 and 426.074 shall not be held criminally or civilly liable for conducting the investigation, provided the investigator acts in good faith, on probable cause and without malice. (3) The individual representing the states interest under ORS 426.100 shall not be held criminally or civilly liable for performing responsibilities under ORS
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.340. [Repealed by 1975 c.690 28]
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.350. [Amended by 1961 c.152 1; repealed by 1971 c.64 12]
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.370. Withholding information obtained in certain commitment or admission investigations. A community mental health program director or designee may withhold information obtained during an investigation under ORS 426.070, 426.228, 426.232, 426.233 or 426.234 if the community mental health program director determines: (1) That information was not included in its investigation report or otherwise used in a material way to support a determination by the community mental health program director that there was probable cause to believe a person was a person with mental illness; and (2) Release of the information would constitute a clear and immediate danger to any person. [1989 c.993 6; 1993 c.484 25; 2009 c.595 423; 2013 c.360 58] Note:
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.380. the court. Witnesses summoned and giving testimony shall receive the same fees as are paid in ORS 44.415 (2).
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.390. Construction. Nothing in ORS 426.295, 426.297 and 426.380 to 426.390 is intended to detract from the powers of a court under ORS chapter 125 or ORS 179.640.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.395. Posting of statement of rights of committed persons. A simple and clear statement of rights guaranteed to patients committed to the Oregon Health Authority shall be prominently posted in each room frequented by patients in all facilities housing such patients. A copy of the statement shall be given to each patient upon admission and sent, upon request, to the legal counsel, guardian, relative or friend of the patient. The statement shall include the name, address and telephone number of the system described in ORS 192.517 (1).
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.410. [1969 c.638 1; repealed by 1975 c.690 28] (Licensing of Persons Who May Order Restraint or Seclusion)
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.415. Licensing of persons who may order and oversee use of restraint and seclusion in facilities providing mental health treatment to individuals under 21 years of age; rules. (1) The Director of the Oregon Health Authority may adopt rules establishing requirements and procedures for licensing persons who may order, monitor and evaluate the use of restraint and seclusion in facilities providing intensive mental health treatment services to individuals under 21 years of age. (2) A license may not be issued or renewed under rules adopted under this section unless the person applying for the license or renewal: (a) Is employed by or providing services under contract with a provider that is certified by the Oregon Health Authority to provide intensive mental health treatment services for individuals under 21 years of age; (b) Has successfully completed an emergency safety intervention training program approved by the director; (c) Provides documented evidence of the persons ability to assess the psychological and physical well-being of individuals under 21 years of age; (d) Meets other qualifications established by the director by rule for qualified mental health professionals; and (e) Demonstrates knowledge of federal and state rules governing the use of restraint and seclusion in intensive mental health treatment programs for individuals under 21 years of age. (3) The rules described in subsection (1) of this section shall: (a) Specify procedures for issuing and renewing licenses; (b) Establish a term of licensure; (c) Require a person issued a license to satisfy annual training requirements relating to emergency safety intervention procedures; (d) Specify grounds for denial, suspension or revocation of a license; (e) Set any license or renewal fees the director determines are necessary; and (f) Specify any other licensing provisions the director determines are necessary to comply with federal law or regulations or to operate a licensing system described in this section. [2001 c.807 1; 2009 c.595 426] Note:
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.470. [1971 c.622 8; renumbered 430.401 in 1995] COMMUNITY INTEGRATION OF PERSONS WITH CHRONIC MENTAL ILLNESS
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.490. Policy. It is declared to be the policy and intent of the Legislative Assembly that the State of Oregon shall assist in improving the quality of life of persons with chronic mental illness within this state by ensuring the availability of an appropriate range of residential opportunities and related support services. [1979 c.784 1; 2007 c.70 207] Note:
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.495. Definitions for ORS 426.490 to 426.500; rules. (1) As used in ORS 426.490 to 426.500, unless the context requires otherwise: (a) Case manager means a person who works on a continuing basis with a person with a chronic mental illness and is responsible for assuring the continuity of the various services called for in the discharge plan of the person with a chronic mental illness including services for basic personal maintenance, mental and personal treatment, and appropriate education and employment. (b) Discharge plan means a written plan prepared jointly with the person with a chronic mental illness, mental health staff and case manager prior to discharge, prescribing for the basic and special needs of the person upon release from the hospital. (c) Person with a chronic mental illness means an individual who is: (A) Eighteen years of age or older; and (B) Diagnosed by a psychiatrist, a licensed clinical psychologist, a licensed independent practitioner as defined in ORS 426.005 or a nonmedical examiner certified by the Oregon Health Authority or the Department of Human Services as having chronic schizophrenia, a chronic major affective disorder, a chronic paranoid disorder or another chronic psychotic mental disorder other than those caused by substance abuse. (2) For purposes of providing services in the community, the authority may adopt rules consistent with accepted professional practices in the fields of psychology and psychiatry to specify other criteria for determining who is a person with a chronic mental illness. [1979 c.784 2; 1987 c.903 35; 2007 c.70 208; 2009 c.595 427; 2011 c.720 164; 2015 c.461 20] Note: See note under
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.500. Powers and duties of Oregon Health Authority; rules. For the purpose of carrying out the policy and intent of ORS 426.490 to 426.500, the Oregon Health Authority shall: (1) Adopt rules for the administration of ORS 426.490 to 426.500; (2) Prepare a written discharge plan for each person with a chronic mental illness who is a patient at a state hospital or who is committed to the authority pursuant to ORS 426.005 to 426.223 and 426.241 to 426.380; (3) Ensure that case managers are provided for each person with a chronic mental illness described in subsection (2) of this section; and (4) Disburse from any available funds: (a) Funds for one LINC model in the area served by F. H. Dammasch State Hospital and one LINC model in the area served by the Oregon State Hospital licensed under ORS 443.415; (b) Discretionary funds for services necessary to implement a discharge plan, including but not limited to transportation, medication, recreation and socialization; and (c) Funds to provide day treatment services, community psychiatric inpatient services, and work activity services for persons with chronic mental illness when needed. [1979 c.784 3; 1999 c.59 121; 2007 c.70 209; 2009 c.595 428; 2013 c.360 67] Note: See note under
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.502. Definitions for ORS 426.502 to 426.508. As used in ORS 426.502 to 426.508: (1) Authority means the Oregon Health Authority. (2) Community housing means property and related equipment that are used or could be used to house persons with chronic mental illness and their care providers. Community housing includes single-family housing and multiple-unit residential housing. (3) Construct means to build, install, assemble, expand, alter, convert, replace or relocate. Construct includes to install equipment and to prepare a site. (4) Equipment means furnishings, fixtures or appliances that are used or could be used to provide care in community housing. (5) Multiple-unit residential housing means housing that provides two or more living units and spaces for common use by the occupants in social and recreational activities. Multiple-unit residential housing may include nonhousing facilities incidental or appurtenant to the housing that, in the determination of the authority, improve the quality of the housing. (6) Person with a chronic mental illness has the meaning given that term in ORS
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.504. Power of Oregon Health Authority to develop community housing for persons with chronic mental illness; sale of community housing; conditions. (1) The Oregon Health Authority may, through contract or otherwise, acquire, purchase, receive, hold, exchange, demolish, construct, lease, maintain, repair, replace, improve and equip community housing for the purpose of housing persons with chronic mental illness. (2) The authority may dispose of community housing acquired under subsection (1) of this section in a public or private sale, upon such terms and conditions as the authority considers advisable to increase the quality and quantity of community housing available for persons with chronic mental illness. Except as provided in subsection (3) of this section, in any instrument conveying fee title to community housing, the authority shall include language that restricts the use of the community housing to housing for persons with chronic mental illness. Such restriction is not a violation of ORS 93.270. (3) If the authority determines that community housing acquired under subsection (1) of this section is no longer suitable for use as community housing, the authority may sell or otherwise dispose of the community housing without including in any instrument conveying fee title to the community housing any language that restricts the use of the community housing. Proceeds from the sale or disposition of community housing under this subsection are considered proceeds described in ORS 426.506 (4)(c). (4) When exercising the power granted to the authority under this section, the authority is not subject to ORS chapter 273 or ORS 270.100 to 270.190, 276.900 to 276.915 or 279A.250 to 279A.290.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.508. Sale of F. H. Dammasch State Hospital; fair market value; redevelopment of property; property reserved for community housing. (1) Notwithstanding ORS 421.611 to 421.630 or any actions taken under ORS 421.611 to 421.630, the Department of Corrections shall transfer the real property known as the F. H. Dammasch State Hospital and all improvements to the Oregon Department of Administrative Services to be sold for the benefit of the Oregon Health Authority. (2)(a) Notwithstanding ORS 270.100 to 270.190, and except as provided in subsection (4) of this section, the Oregon Department of Administrative Services shall sell or otherwise convey the real property known as the F. H. Dammasch State Hospital in a manner consistent with the provisions of this section. Conveyance shall not include transfer to a state agency. The sale price of the real property shall equal or exceed the fair market value of the real property. The Oregon Department of Administrative Services shall engage the services of a licensed real estate broker or principal real estate broker to facilitate the sale of the real property. (b) The Oregon Department of Administrative Services shall retain from the sale or other conveyance of the real property those costs incurred by the state in selling or conveying the real property, including costs incurred by the Department of Corrections in transferring the real property to the Oregon Department of Administrative Services. The remaining proceeds from the sale or other conveyance shall be transferred to the Community Housing Trust Account created under ORS 426.506 (3). (3) Redevelopment of the real property formerly occupied by the F. H. Dammasch State Hospital shall be consistent with the Dammasch Area Transportation Efficient Land Use Plan developed by Clackamas County, the City of Wilsonville, the Oregon Department of Administrative Services, the Department of Land Conservation and Development, the Department of Transportation, the Oregon Housing Stability Council, the Oregon Health Authority and the Department of State Lands. (4) The Oregon Department of Administrative Services shall reserve from the sale of the real property under subsection (2) of this section not more than 10 acres. The real property reserved from sale shall be transferred to the Oregon Health Authority for use by the authority to develop community housing for persons with chronic mental illness. The department and the authority shall jointly coordinate with the City of Wilsonville to identify the real property reserved from sale under this subsection. [1999 c.983 5; 2001 c.300 76; 2001 c.900 253; 2007 c.70 213; 2009 c.595 432; 2015 c.180 47] SEXUALLY DANGEROUS PERSONS
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.510. Sexually dangerous person defined. As used in ORS 426.510 to 426.680, unless the context otherwise requires, sexually dangerous person means a person who because of repeated or compulsive acts of misconduct in sexual matters, or because of a qualifying mental disorder, is deemed likely to continue to perform such acts and be a danger to other persons.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.650. Voluntary admission to state institution; rules. (1) Pursuant to rules promulgated by the Oregon Health Authority, the superintendent of any state hospital for the treatment and care of persons with mental illness may admit and hospitalize therein as a patient any person in need of medical or mental therapeutic treatment as a sexually dangerous person who voluntarily has made written application for such admission. No person under the age of 18 years shall be admitted as a patient to any such state hospital unless an application therefor in behalf of the person has been executed by the parent, adult next of kin or legal guardian of the person. Pursuant to rules and regulations of the authority, no person voluntarily admitted to any state hospital shall be detained therein more than 72 hours after the person, if at least 18 years of age, has given notice in writing of desire to be discharged therefrom, or, if the patient is under the age of 18 years, after notice in writing has been given by the parent, adult next of kin or legal guardian of the person that such parent, adult next of kin or legal guardian desires that such person be discharged therefrom. (2) Any person voluntarily admitted to a state facility pursuant to this section may upon application and notice to the superintendent of the institution concerned, be granted a temporary leave of absence from the institution if such leave, in the opinion of the chief medical officer, will not interfere with the successful treatment or examination of the applicant.