reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.235 - Transfer between hospital and nonhospital facilities.

(1) The community mental health program director may transfer a person in custody under ORS 426.232, 426.233 or 426.237 (1)(b) to a hospital or nonhospital facility approved by the Oregon Health Authority at any time during the period of detention.
(2) A person in custody at a hospital may be transferred from the hospital only with the consent of the licensed independent practitioner who is treating the person and when the director of a nonhospital facility approved by the authority agrees to admit the person.
(3) A person in custody at a nonhospital facility approved by the authority may be transferred to a hospital approved by the authority only when a licensed independent practitioner with admitting privileges agrees to admit the person.
(4) In transporting a person between a hospital and nonhospital facility under this section, the community mental health program director has all the powers provided in ORS 133.225 and 161.255 and may compel the assistance of any peace officer or other authorized individual.
(5) When a person is transferred under this section, the community mental health program director shall notify immediately the court notified under ORS 426.234 (2) or (3) of the fact of the transfer and of the location of the person. [1993 c.484 §7; 2009 c.595 §407; 2013 c.360 §43; 2015 c.461 §16]
Note:
See note under 426.228.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.236 - Rules.

The Oregon Health Authority shall adopt rules necessary to carry out the provisions of ORS 426.155 and 426.228 to 426.238. [1993 c.484 §8; 2001 c.481 §4; 2009 c.595 §408]
Note:
See note under 426.228.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.238 - Classifying facilities.

The Oregon Health Authority may assign classifications, as defined by rule of the authority, to facilities that provide care and treatment for persons committed to the authority under ORS 426.130 or provide emergency care or treatment for persons pursuant to ORS 426.070, 426.228 to 426.235 or 426.237. The authority may authorize a facility to retake custody of a person who unlawfully leaves a facility as provided in ORS 426.223. [1993 c.484 §10; 2009 c.595 §410]
Note:
See note under 426.228.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.255 - County to pay costs.

Costs of hearings conducted pursuant to ORS 426.307, and the fees for physicians and other examiners shall be charged to the county of the person’s residence in the same manner provided by ORS 426.310, whether the hearing is held in the county of residence or county of the treating facility. [1973 c.838 §19; 1987 c.803 §23; 1987 c.903 §27; 2013 c.360 §47]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.273 - Trial visits.

(1) During a period of commitment of a patient under ORS 426.130, the Oregon Health Authority may grant a trial visit to the patient for a period of time and under any conditions the authority shall establish. The authority shall only grant a trial visit under this section if the trial visit is agreed to by the community mental health program director, or the designee of the director, for the county in which the person would reside.
(2) When in the opinion of the authority, the committed person can be appropriately served by outpatient care during the period of commitment, the outpatient care may be required as a condition for trial visit for a period which, when added to the inpatient treatment period, shall not exceed the period of commitment. If outpatient care is required as a condition for a trial visit, the conditions shall include a designation of a facility, service or other provider to provide care or treatment.
(3) A copy of the conditions for trial visit shall be given to all of the individuals or entities listed in ORS 426.278.
(4) Any trial visit granted under this section is subject to the provisions under ORS 426.275.
(5) The director of the community mental health program, or designee, of the county in which a person who is on trial visit lives while on trial visit may modify the conditions for continued trial visit when such modification is in the best interest of the person. The director shall send notification of such changes and the reasons for the changes to all those who received a copy of the original conditions under ORS 426.278. [1985 c.242 §2 (enacted in lieu of 426.290); 1987 c.903 §28; 2009 c.595 §413; 2013 c.360 §48]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.278 - Distribution of copies of conditions for outpatient commitment or trial visit.

The Oregon Health Authority shall provide to each of the following individuals or entities a copy of the conditions of an outpatient commitment under ORS 426.127 or a trial visit under ORS 426.273:
(1) The committed person;
(2) The community mental health program director, or designee of the director, of the county in which the committed person is to receive outpatient treatment;
(3) The director of any facility, service or other provider designated to provide care or treatment;
(4) The court of current commitment; and
(5) The appropriate court of the county in which the committed person lives during the commitment period if the person is living in a different county than the county of the court that made the current commitment. [1987 c.903 §30; 2009 c.595 §415; 2013 c.360 §50]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.280

[Amended by 1961 c.228 §1; 1961 c.706 §26; 1969 c.597 §91; 1973 c.838 §26; 1985 c.242 §5; 1987 c.903 §31; 1993 c.484 §23; 1997 c.531 §7; renumbered 426.335 in 2003]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.292 - Release prior to expiration of term of commitment.

Nothing in this chapter and ORS 430.397 to 430.401 prohibits the Oregon Health Authority from releasing a person from a hospital or other facility in which the person is being treated prior to the expiration of the period of commitment under ORS 426.130 when, in the opinion of the director of the facility or the licensed independent practitioner who is treating the person, the person is no longer a person with mental illness. [1985 c.242 §4 (enacted in lieu of 426.290); 2009 c.595 §416; 2013 c.360 §51; 2015 c.461 §18]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.295 - Judicial determination of competency; restoration of competency.

(1) No person admitted to a state hospital for the treatment of mental illness shall be considered by virtue of the admission to be incompetent.
(2) Upon petition of a person committed to a state hospital, or the guardian, relative or creditor of the person or other interested person, the court of competent jurisdiction in the county in which the state hospital is located or, if the petitioner requests a hearing in the county where the commitment originated, then the court in such county shall hold a hearing to determine whether or not the person in the state hospital is competent. A guardian who is not the petitioner shall be notified of the hearing at least three days before the date set for hearing. After the hearing the court shall enter an order pursuant to its finding and serve a copy of the order on the petitioner and forward a copy of the order to the committing court.
(3) When a person committed to a state hospital has been declared incompetent pursuant to subsection (2) of this section and is discharged from the hospital, the superintendent of the hospital shall advise the court which entered the order of incompetency whether or not, in the opinion of the chief medical officer of the hospital on the basis of medical evidence, the person is competent. The superintendent shall make a reasonable effort to notify the discharged person of the advice to the court. If the court is advised that the person is competent, the court shall enter an order to that effect. If the court is advised that the person is not competent, upon petition of the person, the guardian, relative or creditor of the person or other interested person, the court shall hold a hearing to determine whether or not the discharged person is competent. The court shall serve a copy of any order entered pursuant to this subsection on the person and forward a copy of such order to the committing court. [1965 c.628 §2; 1967 c.460 §1; 1969 c.391 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.297 - Payment of expenses for proceeding under ORS 426.295.

(1) The expenses of a proceeding under ORS 426.295 (2) shall be paid by the person with mental illness, unless it appears from the affidavit of the person or other evidence that the person is unable to pay the expenses. If the person is unable to pay, the expenses of the proceedings shall be paid by the community mental health program in the county of which the person was a resident at the time of admission. If the county of residence cannot be established, the community mental health program in the county from which the person was admitted shall pay the expenses.
(2) The expenses of the proceeding under ORS 426.295 (3) shall be paid by the petitioner.
(3) Any physician employed by the court to make an examination as to the mental condition of a person subject to a competency proceeding under ORS 426.295 or 426.380 to 426.390 shall be allowed a reasonable professional fee by order of the court. Witnesses summoned and giving testimony shall receive the same fees as are paid in ORS 44.415 (2). [1967 c.460 §2; 1989 c.980 §14; 2013 c.360 §52; 2015 c.785 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 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 individual’s 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. [Amended by 1963 c.325 §4; 1967 c.549 §8; 1973 c.838 §22; 1997 c.249 §137; 2009 c.595 §417; 2013 c.360 §53; 2013 c.688 §90; 2017 c.65 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 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. [1973 c.838 §16; 1975 c.690 §20; 2009 c.595 §419]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 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. [1973 c.838 §17; 1975 c.690 §21; 1979 c.408 §5; 1987 c.803 §24; 1987 c.903 §§33,33a; 1989 c.171 §53; 1993 c.484 §24; 1997 c.649 §4; 2001 c.962 §61; 2009 c.595 §420; 2013 c.360 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.309 - Effect of ORS 426.217 and 426.301 to 426.307 on other discharge procedure.

ORS 426.217 and 426.301 to 426.307 do not restrict or limit the discharge procedures set forth in ORS 426.300. [1973 c.838 §20]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 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 state’s 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 state’s 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. [Amended by 1975 c.690 §22; 1977 c.764 §7; 1979 c.392 §2; 1987 c.903 §34; 2013 c.360 §55; 2015 c.785 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 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. [Amended by 1975 c.690 §23; 2013 c.360 §56]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 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 superintendent’s 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. [Amended by 1975 c.614 §14; 1985 c.565 §67; 2007 c.14 §2; 2007 c.70 §206; 2009 c.595 §421; 2011 c.9 §59; 2013 c.36 §68; 2015 c.318 §15]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 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:
426.370 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 426 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.380 - Availability of writ of habeas corpus.

Any individual committed pursuant to ORS 426.005 to 426.223 and 426.241 to 426.380 shall be entitled to the writ of habeas corpus upon proper petition by the individual or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which the state hospital in which the person is detained is located. [1967 c.460 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 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. [1967 c.460 §7; 1973 c.823 §137; 1995 c.664 §96]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 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). [1973 c.838 §31; 2003 c.14 §238; 2007 c.57 §1; 2009 c.595 §425]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 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 person’s 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:
426.415 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 426 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.460

[1971 c.622 §7; 1973 c.795 §3; 1979 c.744 §22; 1981 c.809 §1; 1985 c.565 §68; renumbered 430.399 in 1995]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 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:
426.490 to 426.500 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 426 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 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 426.490.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 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 426.490.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 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 426.495.
(7) "Single-family housing" means a detached living unit with common living room and dining facilities for at least three occupants with chronic mental illness. "Single-family housing" may include nonhousing facilities incidental or appurtenant to the housing that, in the determination of the authority, improve the quality of the housing. [1999 c.983 §2; 2005 c.11 §1; 2007 c.70 §210; 2009 c.595 §429]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 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. [1999 c.983 §3; 2003 c.794 §281; 2005 c.11 §2; 2007 c.70 §211; 2009 c.595 §430]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 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]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 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. [1963 c.467 §1; 1977 c.377 §1; 2017 c.634 §28]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 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. [1963 c.467 §15; 1969 c.391 §8; 1973 c.443 §4; 1973 c.827 §43; 1974 c.36 §11; 2007 c.70 §214; 2009 c.595 §433]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.670 - Treatment programs for sexually dangerous persons.

The Oregon Health Authority hereby is directed and authorized to establish and operate treatment programs, either separately within an existing state Department of Corrections institution, as part of an existing program within an Oregon Health Authority institution, or in specified and approved sites in the community to receive, treat, study and retain in custody, as required, such sexually dangerous persons as are committed under ORS 426.510 to 426.670. [1963 c.467 §17; 1965 c.481 §1; 1979 c.606 §1; 1987 c.320 §230; 2009 c.595 §434]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.675 - Determination of sexually dangerous persons; custody pending sentencing; hearing; sentencing; rules.

(1) When a defendant has been convicted of a sexual offense under ORS 163.305 to 163.467 or 163.525 and there is probable cause to believe the defendant is a sexually dangerous person, the court prior to imposing sentence may continue the time for sentencing and commit the defendant to a facility designated under ORS 426.670 for a period not to exceed 30 days for evaluation and report.
(2) If the facility reports to the court that the defendant is a sexually dangerous person and that treatment available may reduce the risk of future sexual offenses, the court shall hold a hearing to determine by clear and convincing evidence that the defendant is a sexually dangerous person. The state and the defendant shall have the right to call and cross-examine witnesses at such hearing. The defendant may waive the hearing required by this subsection.
(3) If the court finds that the defendant is a sexually dangerous person and that treatment is available which will reduce the risk of future sexual offenses, it may, in its discretion at the time of sentencing:
(a) Sentence the defendant to probation on the condition that the person participate in and successfully complete a treatment program for sexually dangerous persons pursuant to ORS 426.670;
(b) Impose a sentence of imprisonment with the order that the defendant be assigned by the Director of the Department of Corrections to participate in a treatment program for sexually dangerous persons pursuant to ORS 426.670. The Department of Corrections and the Oregon Health Authority shall jointly adopt administrative rules to coordinate assignment and treatment of prisoners under this subsection; or
(c) Impose any other sentence authorized by law. [1977 c.377 §3; 1979 c.606 §2; 1987 c.320 §231; 1993 c.14 §24; 2009 c.595 §435]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.680 - Trial visits for probationer.

(1) The superintendent of the facility designated under ORS 426.670 to receive commitments for medical or mental therapeutic treatment of sexually dangerous persons may grant a trial visit to a defendant committed as a condition of probation where:
(a) The trial visit is not inconsistent with the terms and conditions of probation; and
(b) The trial visit is agreed to by the community mental health program director for the county in which the person would reside.
(2) Trial visit here shall correspond to trial visit as described in ORS 426.273 to 426.292 and 426.335, except that the length of a trial visit may be for the duration of the period of probation, subject to the consent of the sentencing court. [1973 c.443 §7; 1977 c.377 §4; 1985 c.242 §7; 2009 c.595 §436]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.021 - Application fees for providers of residential care to individuals with intellectual or developmental disabilities; rules.

(1) The Department of Human Services shall establish application fees for initial and renewal license, certification and endorsement applications submitted by:
(a) Residential training homes and residential training facilities, as defined in ORS 443.400, for licenses under ORS 443.410.
(b) Adult foster homes, as defined in ORS 443.705, that provide residential care to adults with intellectual or developmental disabilities, for licenses under ORS 443.735.
(c) Facilities or other persons certified by the department to provide developmental disability services, as defined in ORS 427.101.
(2)(a) Fees collected under subsection (1)(a) and (c) of this section shall be deposited in the Department of Human Services Account established in ORS 409.060 to be used for the licensing and certification of entities described in subsection (1) of this section.
(b) Fees collected under subsection (1)(b) of this section shall be deposited to the Quality Care Fund established in ORS 443.001.
(3) The department shall prescribe by rule criteria for the waiver or reduction of any fee under this section when appropriate without compromising the quality of care provided or the safety of the recipients of the residential care or developmental disability services.
(4) No less frequently than every five years, the department shall review fees established under this section and make adjustments if necessary. [2023 c.206 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.024 - Reporting requirements for providers of community-based services to individuals with intellectual or developmental disabilities; rules.

(1) The Department of Human Services shall adopt rules to ensure fiscal transparency in the provision of community-based services to individuals with intellectual or developmental disabilities and to ensure individuals with intellectual or developmental disabilities receive high quality services from providers that are licensed, certified or endorsed by the department to provide community-based services. At a minimum, the rules must establish, for providers of community-based services to individuals with intellectual or developmental disabilities:
(a) Requirements to annually submit staffing data to a reporting survey organization specified by the department;
(b) Requirements to submit an annual report to the department that includes:
(A) A disclosure of executive compensation and benefits;
(B) A disclosure of starting, average and highest wages for direct support professionals that are employed by, under contract with or otherwise engaged with the provider to deliver community-based services to individuals with intellectual or developmental disabilities;
(C) A disclosure of the provider’s overhead expenses and expenditures; and
(D) Any other fiscal matters prescribed by the department;
(c) Requirements to ensure that wages and health benefits paid to direct support professionals delivering community-based supports reflect any increase in rates approved by the Legislative Assembly for the purpose of improving wages and health benefits;
(d) Criteria for conditions under which a provider may be prohibited from applying for a license, certificate or endorsement;
(e) Criteria for the inclusion of information about the organizational history of an applicant for a new license, certification or endorsement, not to exceed the 10 previous years; and
(f) A process for the consideration of the regulatory and safety compliance and operational experience of all providers in this state or in any other jurisdiction when issuing an initial license, certification or endorsement or renewing a license, certification or endorsement.
(2) Rules adopted by the department must, to the greatest extent practicable, consolidate new reporting requirements with existing reporting requirements to avoid the need for providers to make duplicative reports of the same information. [2022 c.91 §2]
Note:
427.024 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 427 - Persons With Intellectual or Developmental Disabilities › Section 427.104 - Developmental disability services; rules.

The Department of Human Services, with funds appropriated for that purpose by the legislature, shall:
(1) Contract with each community developmental disabilities program to determine the eligibility of individuals to receive developmental disability services;
(2) Provide consultation and training to community developmental disabilities programs in determining eligibility for developmental disability services;
(3) Develop and periodically revise rules for determining eligibility for developmental disability services;
(4) Coordinate diagnostic evaluations statewide to minimize duplication of tests and examinations; and
(5) Provide consultation to appropriate agencies and individuals regarding persons evaluated to receive developmental disability services. [1953 c.631 §1; 1965 c.339 §21; 1971 c.74 §1; 1979 c.683 §13; 2001 c.900 §129; 2009 c.595 §437; 2011 c.658 §9; 2013 c.36 §5]