reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.549 - State positions in community corrections branch; abolishment; county authority; affected employees; pay.

(1) Notwithstanding ORS 236.605 to 236.640, all state positions in the state community corrections branch of the Department of Corrections, the funding for which is transferred to counties, are abolished on January 1, 1997. Counties have sole discretion in the development of methods and means of county community corrections operation under ORS 423.500 to 423.560 including establishment of wages, benefits and working conditions and selection of any employees to operate supervision programs or other services and sanctions under ORS 423.478 and 423.525. The implementation of this section does not give rise to any bargaining obligation under ORS 243.650 to 243.809. Notwithstanding any collective bargaining agreement, the department shall first offer to any employee so affected and not hired by a county a vacant position in other department branches and operations for which the employee is qualified. This preference lapses 90 days after the operative date of this section. The department has sole discretion in selecting and filling vacant positions from among affected employees having preference.
(2) Notwithstanding subsection (1) of this section, for each month of employment during the period of January 1, 1997, through June 30, 1997, a county shall pay each affected employee hired by the county in regular full-time employment to provide or to support the provision of community corrections programs and services the same minimum gross monthly salary or hourly wage that the affected employee received in state employment immediately prior to termination of the employee’s state position. In the event an affected employee formerly employed by the state in a supervisory position is hired by a county in a nonsupervisory position, the county shall pay the affected employee during this period the same minimum gross monthly salary or hourly wage to which an affected employee in the nonsupervisory position would have been entitled to receive in state employment at the top step of the state pay classification for that position immediately prior to its termination. A county shall also provide to each affected employee during this period the same benefits provided to existing county employees performing the same or substantially similar work, giving full consideration to the length of the employee’s state service as though the service had been in and for the county. [1995 c.423 §16 (enacted in lieu of 423.550)]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.555 - Statewide program evaluation and information system.

The Department of Corrections shall establish and operate, with the cooperation and participation of county community corrections agencies, a statewide evaluation and information system to monitor the effectiveness of correctional services provided to criminal offenders under ORS 423.500 to 423.560. To the extent of available information systems resources, the system shall permit ongoing evaluation of apparent correlations between services provided and future criminal conduct. [1977 c.412 §11; 1987 c.320 §228; 1995 c.423 §10; 1997 c.433 §12]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.557 - "Recidivism" defined for statistical evaluations.

(1) As used in this section, "recidivism" means the arrest, conviction or incarceration of a person who has previously been convicted of a crime, if the arrest, conviction or incarceration is for a new crime and occurs:
(a) Three years or less after the date the person was convicted of the previous crime; or
(b) Three years or less after the date the person was released from custody, if the person was incarcerated as a result of the conviction for the previous crime.
(2) When the Oregon Department of Administrative Services, the Department of Corrections, the Oregon Criminal Justice Commission or any other public body as defined in ORS 174.109 conducts a statistical evaluation of the rate at which persons convicted of a crime recidivate, the public body shall include an evaluation of recidivism as that term is defined in subsection (1) of this section. [2013 c.649 §45; 2015 c.143 §1]
Note:
423.557 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 423 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 423 - Corrections and Crime Control Administration and Programs › Section 423.565 - Additional duties of public safety coordinating council.

In addition to the duties assigned to it under ORS 423.560, the local public safety coordinating council convened by the board of commissioners shall, at a minimum:
(1) Develop and recommend to the county board of commissioners the plan for use of state resources to serve the local adjudicated youth population.
(2) Coordinate local juvenile justice policy among affected juvenile justice entities.
(3) Develop and recommend to the county board of commissioners a plan designed to prevent criminal involvement by youth. The plan must provide for coordination of community-wide services involving treatment, education, employment and intervention strategies aimed at crime prevention.
(4) Create a facility advisory subcommittee when provided with the information described in ORS 169.690. The subcommittee shall be composed of the following persons:
(a) The affected law enforcement officer described in ORS 423.560 (1)(a) or (b);
(b) A district attorney;
(c) A mental health director;
(d) A designee of the city council or county board of commissioners, whichever is affected;
(e) A representative of an organization that advocates on behalf of persons with mental illness; and
(f) A consumer as defined in ORS 430.073.
(5) If a written plan of action has been provided to the council under ORS 165.127, annually review the plan and, if appropriate, make written recommendations to the affected district attorney for plan improvements. [1995 c.422 §75; 1995 c.423 §11a; 2009 c.121 §2; 2009 c.811 §12; 2012 c.37 §99; 2021 c.489 §156]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.569 - Annual summary.

(1) The board or boards of county commissioners that have convened a local public safety coordinating council shall publish an annual summary of program, service or budget changes made in response to the recommendations of the local public safety coordinating council described in ORS 423.560 and 423.565.
(2) The summary described in subsection (1) of this section shall be provided to the local public safety coordinating council and the Oregon Criminal Justice Commission. [2007 c.682 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.600 - Legislative findings.

The Legislative Assembly finds and declares that:
(1) Restorative justice programs, including facilitated dialogues and responsibility letter banks, can promote justice and healing for crime victims and survivors and can aid adults in custody in the process of rehabilitation;
(2) A facilitated dialogue or responsibility letter bank program is most successful when the participants are able to communicate openly and honestly about the crime and its impact, knowing that the participants’ communication will not be disclosed to other people or used against them later; and
(3) It is the policy and purpose of ORS 423.600 to 423.610 that Department of Corrections facilitated dialogue and responsibility letter bank program communications are confidential, and should not be admissible in any administrative, judicial or arbitration proceeding, except pursuant to limited exceptions established by the Department of Corrections by rule. [2017 c.114 §1; 2019 c.213 §147]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.605 - Definition.

As used in ORS 423.600 to 423.610, "facilitated dialogue and responsibility letter bank program communications" means all communications by a victim, survivor or adult in custody, or by a program facilitator, advisory committee member or staff person, that are made in the course of or in connection with a facilitated dialogue or responsibility letter bank program conducted pursuant to Department of Corrections rules. The communications include but are not limited to:
(1) All memoranda, assessment and evaluation forms, documents and other materials, including letters that are prepared for or submitted in connection with a facilitated dialogue;
(2) All communications, whether oral, written or recorded, made during the intake of a case, during preparations for a facilitated dialogue, during any joint in-person meetings or telephone calls, and during any post-dialogue meetings or conversations; and
(3) All materials or recordings submitted in connection with a responsibility letter bank program by a victim, survivor or adult in custody or by another person on behalf of a victim, survivor or adult in custody. [2017 c.114 §2; 2019 c.213 §101]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 423 - Corrections and Crime Control Administration and Programs › Section 423.610 - Liability of persons associated with program; confidentiality of communications.

(1) Facilitated dialogue and responsibility letter bank program facilitators, advisory committee members and staff persons shall not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any facilitated dialogue or responsibility letter bank program communication, except as required under rules established pursuant to ORS 423.615.
(2) Facilitated dialogue and responsibility letter bank program facilitators, advisory committee members and staff persons are not civilly liable for any act or omission done or made while engaged in efforts to assist a victim, survivor or adult in custody in the course of or in connection with a facilitated dialogue or responsibility letter bank program conducted pursuant to rules adopted by the Department of Corrections, unless the facilitator, member or person acted or made an omission in bad faith, with malicious intent or in a manner that exhibited a willful or wanton disregard of the rights, safety or property of another person.
(3) Facilitated dialogue and responsibility letter bank program communications are confidential and may not be disclosed to any other person, except as permitted under rules established pursuant to ORS 423.615.
(4) Facilitated dialogue and responsibility letter bank program communications are not admissible as evidence in any subsequent administrative, judicial or arbitration proceeding, except as permitted under rules established pursuant to ORS 423.615. [2017 c.114 §3; 2019 c.213 §102]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.010 - State hospitals for persons with mental illness.

Except as otherwise ordered by the Oregon Health Authority pursuant to ORS 179.325, the Oregon State Hospital campuses in Salem, Marion County, and in Junction City, Lane County, shall be used as state hospitals for the care and treatment of persons with mental illness who are assigned to the care of the institutions by the authority or who have previously been committed to the institutions. [Amended by 1955 c.651 §3; 1965 c.339 §23; 1965 c.595 §2; 1983 c.505 §1; 1999 c.983 §6; 2007 c.14 §1; 2009 c.269 §2; 2009 c.595 §382; 2013 c.360 §16; 2015 c.318 §14]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.020 - Superintendent; chief medical officer.

(1) The superintendent of a hospital referred to in ORS 426.010 shall be a person the Oregon Health Authority considers qualified to administer the hospital. If the superintendent of any hospital is a physician licensed by the Oregon Medical Board, the superintendent shall serve as chief medical officer.
(2) If the superintendent is not a physician, the Director of the Oregon Health Authority or the designee of the director shall designate a physician to serve as chief medical officer. The designated chief medical officer may be an appointed state employee in the unclassified service, a self-employed contractor or an employee of a public or private entity that contracts with the authority to provide chief medical officer services. Unless the designated chief medical officer is specifically appointed as a state employee in the unclassified service, the designated chief medical officer shall not be deemed a state employee for purposes of any state statute, rule or policy.
(3)(a) Notwithstanding any other provision of law, the designated chief medical officer may supervise physicians and naturopathic physicians who are employed by the hospital or who provide services at the hospital pursuant to a contract.
(b) The designated chief medical officer may delegate all or part of the authority to supervise other physicians and naturopathic physicians at the hospital to a physician who is employed by the state, a self-employed contractor or an employee of a public or private entity that contracts with the authority to provide physician services. [Amended by 1955 c.651 §4; 1969 c.391 §1; 1973 c.807 §2; 1987 c.158 §76; 2003 c.14 §234; 2007 c.71 §116; 2009 c.59 §1; 2009 c.828 §14; 2017 c.356 §48]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.060 - Commitment to Oregon Health Authority; powers of authority; placement; transfer.

(1) Commitments to the Oregon Health Authority shall be made only by the judge of a circuit court in a county of this state.
(2) The following is a nonexclusive list of powers the authority may exercise concerning the placement of persons committed or persons receiving emergency care and treatment under ORS 426.070, 426.228 to 426.235 or 426.237:
(a) In its discretion and for reasons which are satisfactory to the authority, the authority may direct any court-committed person to the facility best able to treat the person. The decision of the authority on such matters shall be final.
(b) At any time, for good cause and in the best interest of the person with mental illness, the authority may transfer a committed person from one facility to another. When transferring a person under this paragraph, the authority shall make the transfer:
(A) If the transfer is from a facility in one class to a facility of the same class, as provided by rule of the authority;
(B) If the transfer is from a facility in one class to a facility in a less restrictive class, by following the procedures for trial visits under ORS 426.273; and
(C) If the transfer is from a facility in one class to a facility in a more restrictive class, by following the procedures under ORS 426.275.
(c) At any time, for good cause and in the best interest of the person with mental illness, the authority may transfer a person receiving emergency care and treatment under ORS 426.070 or 426.228 to 426.235, or intensive treatment under ORS 426.237, between hospitals and nonhospital facilities approved by the authority to provide emergency care or treatment as defined by rule of the authority.
(d) Pursuant to its rules, the authority may delegate to a community mental health program director the responsibility for assignment of persons with mental illness to suitable facilities or transfer between such facilities under conditions which the authority may define. [Amended by 1955 c.651 §6; 1963 c.254 §1; 1967 c.534 §19; 1973 c.838 §2; 1975 c.690 §1; 1987 c.903 §6; 1993 c.484 §12; 2009 c.595 §384; 2013 c.360 §17]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.072 - Care while in custody; responsibilities of licensed independent practitioner; rules.

(1) A hospital or nonhospital facility must comply with provisions of subsection (2) of this section when a person alleged to have a mental illness is placed in custody at the hospital or nonhospital facility:
(a) By a warrant of detention under ORS 426.070;
(b) By a peace officer under ORS 426.228 or other individual authorized under ORS 426.233; or
(c) By a licensed independent practitioner under ORS 426.232.
(2) In circumstances described under subsection (1) of this section, the hospital or nonhospital facility and a treating licensed independent practitioner must comply with all the following:
(a) The person shall receive the care, custody and treatment required for mental and physical health and safety.
(b) The treating licensed independent practitioner shall report any care, custody and treatment to the court as required in ORS 426.075.
(c) All methods of treatment, including the prescription and administration of drugs, shall be the sole responsibility of the treating licensed independent practitioner. However, the person shall not be subject to electroshock therapy or unduly hazardous treatment and shall receive usual and customary treatment in accordance with medical standards in the community.
(d) The treating licensed independent practitioner shall be notified immediately of any seclusion of the person or use of mechanical restraints on the person. Every use of seclusion or mechanical restraint and the reasons for the use shall be made a part of the clinical record of the person over the signature of the treating licensed independent practitioner.
(e) The treating licensed independent practitioner shall give the person the warning under ORS 426.123 at times the treating licensed independent practitioner determines the person will reasonably understand the notice. This paragraph only requires the notice to be given as often as the licensed independent practitioner determines is necessary to assure that the person is given an opportunity to be aware of the notice.
(3) The Oregon Health Authority shall adopt rules necessary to carry out this section, including rules regarding the content of the medical record compiled during the current period of custody. [1987 c.903 §9; 1993 c.484 §13; 1997 c.531 §1; 2009 c.595 §386; 2013 c.360 §19; 2015 c.81 §1; 2015 c.461 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.075 - Notice and records of treatment prior to hearing; procedures.

This section establishes procedures that are required to be followed before the hearing if a court, under ORS 426.070, orders a hearing under ORS 426.095. The following apply as described:
(1) The court shall be fully advised of all drugs and other treatment known to have been administered to the person alleged to have a mental illness that may substantially affect the ability of the person to prepare for or function effectively at the hearing. The following shall advise the court as required by this subsection:
(a) When not otherwise provided by paragraph (b) of this subsection, the community mental health program director or designee.
(b) When the person has been detained by a warrant of detention under ORS 426.070, 426.180, 426.228, 426.232 or 426.233, the treating licensed independent practitioner.
(2) The court shall appoint examiners under ORS 426.110 sufficiently in advance of the hearing so that the examiners may begin their preparation for the hearing. The records established by the Oregon Health Authority by rule and the investigation report shall be made available to the examiners at least 24 hours before the hearing in order that the examiners may review the medical record and have an opportunity to inquire of the medical personnel concerning the treatment of the person alleged to have a mental illness during the detention period prior to the hearing.
(3) The medical record described in subsection (2) of this section shall be made available to counsel for the person alleged to have a mental illness at least 24 hours prior to the hearing.
(4) When requested by a party to the action, the party’s attorney shall subpoena licensed independent practitioners who are or have been treating the person. Any treating licensed independent practitioner subpoenaed under this subsection shall be subpoenaed as an expert witness. [1973 c.838 §8; 1975 c.690 §3; 1979 c.408 §2; 1987 c.903 §12; 1989 c.189 §1; 1993 c.484 §15; 2009 c.595 §388; 2013 c.360 §21; 2015 c.461 §5]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.080 - Execution and return of citation or warrant of detention.

The person serving a warrant of detention or the citation provided for by ORS 426.090 shall, immediately after service thereof, make a return upon the original warrant or citation showing the time, place and manner of such service and file it with the clerk of the court. In executing the warrant of detention or citation, the person has all the powers provided by ORS 133.235, 161.233, 161.242 and 161.245 and may require the assistance of any peace officer or other person. [Amended by 1971 c.743 §366; 1973 c.836 §348; 1973 c.838 §4a; 2020 s.s.2 c.3 §14]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.090 - Citation; service.

The judge shall issue a citation to the person alleged to have a mental illness stating the nature of the information filed concerning the person and the specific reasons the person is believed to be a person with mental illness. The citation shall further contain a notice of the time and place of the commitment hearing, the right to legal counsel, the right to have legal counsel appointed if the person is unable to afford legal counsel, and, if requested, to have legal counsel immediately appointed, the right to subpoena witnesses in behalf of the person to the hearing and other information as the court may direct. The citation shall be served upon the person by delivering a duly certified copy of the original thereof to the person in person prior to the hearing. The person shall have an opportunity to consult with legal counsel prior to being brought before the court. [Amended by 1957 c.329 §2; 1967 c.459 §1; 1971 c.368 §1; 1973 c.838 §5; 1975 c.690 §4; 2013 c.360 §22]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.110 - Appointment of examiners; qualifications; costs.

The following requirements relating to the appointment of examiners for purposes of a hearing under ORS 426.095 or 426.701 and 426.702 apply as described:
(1) The judge shall appoint one qualified examiner. If requested, the judge shall appoint one additional qualified examiner. A request for an additional examiner under this subsection must be made in writing and must be made by the person alleged to have a mental illness or the attorney for the person.
(2) To be qualified for purposes of this section, an examiner must:
(a) Agree to be an examiner.
(b) Be one of the following:
(A) A physician licensed by the Oregon Medical Board who is competent to practice psychiatry as provided by the Oregon Health Authority or the Psychiatric Security Review Board by rule.
(B) Certified by the authority or the Psychiatric Security Review Board as a mental health examiner qualified to make examinations for involuntary commitment proceedings.
(3) The authority or the Psychiatric Security Review Board may establish, by rule, requirements for certification as a mental health examiner for purposes of subsection (2)(b)(B) of this section.
(4) The cost of examiners under this section shall be paid as provided under ORS 426.250. [Amended by 1973 c.838 §10; 1987 c.158 §77; 1987 c.903 §15; 2009 c.595 §390; 2013 c.715 §§5,16]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.120 - Examination report; rules.

(1) Examiners appointed under ORS 426.110 shall do all of the following:
(a) Examine the person as to mental condition.
(b) Initiate the examination process prior to the hearing. Any failure to comply with this paragraph shall not, in itself, constitute sufficient grounds to challenge the examination conducted by an examiner.
(c) Make their separate reports in writing, under oath, to the court.
(d) Upon completion of the hearing, file the reports with the clerk of the court.
(2) The following is a nonexclusive list of requirements relating to the content of examination reports prepared under subsection (1) of this section:
(a) If the examiners find, and show by their reports, that the person examined is a person with mental illness, the reports shall include a recommendation as to the type of treatment facility best calculated to help the person recover from mental illness.
(b) Each report shall also advise the court whether in the opinion of the examiner the person with mental illness would cooperate with and benefit from a program of voluntary treatment.
(c) Reports shall contain the information required by the Oregon Health Authority by rule. The authority shall adopt rules necessary to carry out this paragraph.
(3) The examiner shall be allowed access to licensed independent practitioners, nurses or social workers and to medical records compiled during the current involuntary prehearing period of detention and the investigation report. Records and communications described in this subsection and related communications are not privileged under ORS 40.230, 40.235, 40.240 or 40.250. [Amended by 1973 c.838 §11; 1975 c.690 §7; 1987 c.903 §16; 1997 c.649 §3; 2009 c.595 §391; 2013 c.360 §26; 2015 c.461 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.123 - Observation of person in custody; warning; evidence.

(1) Whenever specifically required under ORS 426.070, 426.072, 426.180 or 426.234, a person shall be given a warning that observations of the person by the staff of the facility where the person is in custody may be used as evidence in subsequent court proceedings to determine whether the person should be or should continue to be committed as a person with mental illness.
(2) The warning described under subsection (1) of this section shall be given both orally and in writing.
(3) Failure to give a warning under this section does not in itself constitute grounds for the exclusion of evidence that would otherwise be admissible in a proceeding. [1987 c.903 §11; 1993 c.484 §18; 2013 c.360 §27]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.125 - Qualifications and requirements for conditional release.

The following qualifications, requirements and other provisions relating to a conditional release under ORS 426.130 apply as described:
(1) A court may only order conditional release if all of the following occur:
(a) The conditional release is requested by the legal guardian, relative or friend of the person with mental illness.
(b) The legal guardian, relative or friend requesting the conditional release requests to be allowed to care for the person during the period of commitment in a place satisfactory to the judge.
(c) The legal guardian, relative or friend requesting the release establishes all of the following to the satisfaction of the court:
(A) The ability of the legal guardian, relative or friend to care for the person.
(B) That there are adequate financial resources available for the care of the person.
(2) If the court determines to allow conditional release, the court shall order that the person be conditionally released and placed in the care of the requester. The court shall establish any terms and conditions on the conditional release that the court determines appropriate.
(3) Any conditional release ordered under this section is subject to the provisions under ORS 426.275. [1987 c.903 §18; 2013 c.360 §28]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.127 - Outpatient commitment.

The following provisions are applicable to outpatient commitment under ORS 426.130 as described:
(1) The Oregon Health Authority may only place a person in an outpatient commitment if an adequate treatment facility is available.
(2) At the time of the hearing under ORS 426.095, the community mental health program director, or a designee for the director, for the county in which the hearing takes place shall set the conditions for the outpatient commitment. The conditions shall include, but not be limited to, the following:
(a) Provision for outpatient care.
(b) A designation of a facility, service or other provider to provide care or treatment.
(3) A copy of the conditions shall be given to all of the individuals and entities described in ORS 426.278.
(4) Any outpatient commitment ordered under this section is subject to the provisions under ORS 426.275.
(5) The community mental health program director or designee, for the county where a person is on outpatient commitment, may modify the conditions for outpatient commitment when a modification is in the best interest of the person. The community mental health program director or designee 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. [1987 c.903 §19; 1989 c.171 §52; 2003 c.14 §236; 2009 c.595 §392; 2013 c.360 §29]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.129 - Community liaison.

The Oregon Health Authority shall employ at least one individual to serve as a liaison between the authority and communities in which the authority plans to establish housing for persons conditionally released by the Psychiatric Security Review Board or for persons with mental illness. [2009 c.809 §1; 2011 c.720 §161]
Note:
426.129 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 426.135 - Counsel on appeal; costs of appeal.

If a person determined to be a person with mental illness as provided in ORS 426.130, or determined to be an extremely dangerous person with mental illness under ORS 426.701 or 426.702, appeals the determination or the disposition, and is determined to be financially eligible for appointed counsel at state expense, upon request of the person or upon its own motion, the court shall appoint suitable legal counsel to represent the person. The compensation for legal counsel and costs and expenses necessary to the appeal shall be determined and paid by the executive director of the Oregon Public Defense Commission as provided in ORS 135.055 if the circuit court is the appellate court or as provided in ORS 138.500 if the Court of Appeals or Supreme Court is the appellate court. The compensation, costs and expenses shall be paid as provided in ORS 138.500. [1979 c.867 §12; 1981 s.s. c.3 §134; 1985 c.502 §25; 2001 c.962 §58; 2013 c.715 §§6,17; 2023 c.281 §71]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.140 - Place of confinement; attendant.

(1) A person, other than a person incarcerated upon a criminal charge, who has been adjudged to be a person with mental illness or against whom commitment proceedings have been instituted may not be confined in any prison, jail or other enclosure where those charged with a crime or a violation of a municipal ordinance are incarcerated, unless the person represents an immediate and serious danger to staff or physical facilities of a hospital or other facility approved by the Oregon Health Authority for the care, custody and treatment of the person.
(2) A person alleged to have a mental illness who has been taken into custody may not be confined, either before or after the commitment hearing, without an attendant in direct charge of the person. If the person is not confined in a community hospital, the sheriff or community mental health program director having the person in custody shall select an appropriate individual to act as attendant in quarters that are suitable for the comfortable, safe and humane confinement of the person and approved by the authority. [Amended by 1973 c.838 §23; 1975 c.690 §9; 1977 c.764 §1; 2009 c.595 §394; 2013 c.360 §32]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.150 - Transportation to treatment facility.

(1) Upon receipt of the order of commitment, the Oregon Health Authority or its designee shall take the person with mental illness into its custody, and ensure the safekeeping and proper care of the person until the person is delivered to an assigned treatment facility or to a representative of the assigned treatment facility. The representative of the assigned treatment facility, accompanied by any assistants the authority or its designee may deem necessary, shall proceed to the place where the person is in custody, and upon demand shall be given custody of the person, together with the certified record required by ORS 426.170. The representative shall issue appropriate receipts and immediately transport the person safely to the assigned treatment facility and deliver the person and the record to the director or a designated employee of the facility. In taking custody of the person, the authority, its designee or the representative of the facility has all the powers provided by ORS 133.225 and 161.255 and may require the assistance of any peace officer or other authorized individual.
(2) The committing judge, upon approval of the examining physicians or other qualified professionals as recommended by the authority and upon request of a legal guardian, friend or relative of the person with mental illness, may authorize the legal guardian, friend or relative to transport the person to the assigned facility when the committing judge determines that means of transportation would not be detrimental to the welfare of the person or to the public. [Amended by 1963 c.325 §1; 1973 c.838 §24; 1975 c.690 §10; 2009 c.595 §395; 2013 c.360 §33]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.160 - Disclosure of record of commitment proceeding.

(1) The court having jurisdiction over any proceeding conducted pursuant to ORS 426.005, 426.060 to 426.170, 426.217, 426.228, 426.255 to 426.292, 426.300 to 426.309, 426.385, 426.395, 426.701 and 426.702 may not disclose any part of the record of the proceeding or commitment to any person except:
(a) The court shall, pursuant to rules adopted by the Department of State Police, transmit the minimum information necessary, as defined in ORS 181A.290, to the Department of State Police for persons described in ORS 181A.290 (1)(a) or (b) to enable the department to access and maintain the information and transmit the information to the federal government as required under federal law;
(b) As provided in ORS 426.070 (5)(c), 426.130 (3) or 426.170;
(c) On request of the person subject to the proceeding;
(d) On request of the person’s legal representative or the attorney for the person or the state; or
(e) Pursuant to court order.
(2) In any proceeding described in subsection (1) of this section that is before the Supreme Court or the Court of Appeals, the limitations on disclosure imposed by this section apply to the appellate court record and to the trial court record while it is in the appellate court’s custody. The appellate court may disclose information from the trial or appellate court record in a decision, as defined in ORS 19.450, provided that the court uses initials, an alias or some other convention for protecting against public disclosure the identity of the person subject to the proceeding. [Amended by 1965 c.420 §1; 1969 c.148 §1; 1973 c.838 §21; 1993 c.223 §11; 1993 c.484 §19; 1995 c.498 §3; 2009 c.826 §2; 2011 c.332 §§1,6a; 2011 c.547 §45; 2013 c.715 §§7,18]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.170 - Delivery of certified copy of record.

If any person is adjudged to have a mental illness and is ordered committed to the Oregon Health Authority, a copy of the complete record in the case, certified to by the court clerk or court administrator, shall be given to the local health officer, or to the sheriff, for delivery to the director of the facility to which such person is assigned. The record shall include the name, residence, nativity, sex and age of the person and all other information that may be required by the rules and regulations promulgated by the authority. [Amended by 1973 c.838 §25; 1993 c.223 §12; 2009 c.595 §396; 2013 c.360 §36; 2015 c.736 §67]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.200 - Duties following emergency admission.

Within 72 hours after admission under ORS 426.180, the community mental health program director shall initiate an investigation in accordance with ORS 426.070 (3). [Amended by 1963 c.325 §2; 1975 c.690 §13; 1987 c.903 §22; 2012 c.25 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.210 - Limit of detention after commitment in emergency proceedings.

An individual admitted to a hospital or nonhospital facility pursuant to the emergency proceedings under ORS 426.180 and 426.200 may not be detained there for more than five judicial days following admission. The court, for good cause, may allow a postponement and detention during a postponement as provided under ORS 426.095. [Amended by 1987 c.903 §23; 2012 c.25 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.217 - Change of status of committed patient to voluntary patient; effect of change.

At any time after commitment by the court, the person, with the approval of the Oregon Health Authority or its designee, may change the status of the person to that of a voluntary patient. Notwithstanding ORS 426.220, any person who alters status to that of a voluntary patient under this section shall be released from the treating facility within 72 hours of the request of the person for release. [1973 c.838 §14; 1975 c.690 §15; 2009 c.595 §398]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.220 - Voluntary admission; leave of absence; notice to parent or guardian.

(1) Pursuant to rules and regulations 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 who may have a nervous disorder or a mental illness, and 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. Except when a period of longer hospitalization has been imposed as a condition of admission, 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 a 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 hospital pursuant to this section may upon application and notice to the superintendent of the hospital concerned, be granted a temporary leave of absence from the hospital if such leave, in the opinion of the superintendent, will not interfere with the successful treatment or examination of the applicant for leave.
(3) Upon admission or discharge of a minor to or from a state hospital the superintendent shall immediately notify the parent or guardian. [Amended by 1953 c.127 §2; 1963 c.325 §3; 1967 c.371 §1; 1969 c.273 §1; 2007 c.70 §205; 2009 c.595 §399]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.223 - Retaking persons in custody of or committed to Oregon Health Authority; assistance of peace officers and others.

In retaking custody of a person with mental illness who has been committed to the Oregon Health Authority under ORS 426.130 and who has, without lawful authority, left the custody of the facility to which the person has been assigned under ORS 426.060, or in the case of a person alleged to have a mental illness who is in custody under ORS 426.070, 426.095, 426.228 to 426.235 or 426.237 at a hospital or nonhospital facility and who has, without lawful authority, left the hospital or nonhospital facility, the facility director or designee has all the powers provided by ORS 133.225 and 161.255 and may require the assistance of any peace officer or other authorized individual. [1975 c.690 §25; 1993 c.484 §20; 2009 c.595 §400; 2013 c.360 §37]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.225 - Voluntary admission to state hospital of committed person; examination by licensed independent practitioner.

(1) If any person who has been committed to the Oregon Health Authority under ORS 426.127 or 426.130 (1)(a)(B) or (C) requests, during this period of commitment, voluntary admission to a state hospital, the superintendent shall cause the person to be examined immediately by a licensed independent practitioner. If the licensed independent practitioner finds the person to be in need of immediate care or treatment for mental illness, the person shall be voluntarily admitted.
(2) If any person who has been committed to the authority under ORS 426.127 or 426.130 (1)(a)(B) or (C) requests, during this period of commitment, voluntary admission to a facility approved by the authority, the administrator of the facility shall cause the person to be examined immediately by a licensed independent practitioner. If the licensed independent practitioner finds the person to be in need of immediate care or treatment for mental illness, and the authority grants approval, the person shall be voluntarily admitted. [1989 c.993 §2; 2009 c.595 §401; 2015 c.461 §10]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing › Section 426.231 - Hold by licensed independent practitioner; when authorized; statement required.

(1) A licensed independent practitioner may hold a person for transportation to a treatment facility for up to 12 hours in a health care facility licensed under ORS chapter 441 and approved by the Oregon Health Authority if:
(a) The licensed independent practitioner believes the person is dangerous to self or to any other person and is in need of emergency care or treatment for mental illness;
(b) The licensed independent practitioner is not related to the person by blood or marriage; and
(c) A licensed independent practitioner with admitting privileges at the receiving facility consents to the transporting.
(2) Before transporting the person, the licensed independent practitioner shall prepare a written statement that:
(a) The licensed independent practitioner has examined the person within the preceding 12 hours;
(b) A licensed independent practitioner with admitting privileges at the receiving facility has consented to the transporting of the person for examination and admission if appropriate; and
(c) The licensed independent practitioner believes the person is dangerous to self or to any other person and is in need of emergency care or treatment for mental illness.
(3) The written statement required by subsection (2) of this section authorizes a peace officer, an individual authorized under ORS 426.233 or the designee of a community mental health program director to transport a person to the treatment facility indicated on the statement. [1993 c.484 §3; 1997 c.531 §3; 2009 c.595 §403; 2013 c.360 §39; 2015 c.461 §12]
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 426.232 - Emergency admission; notice; limit of hold.

(1) If a licensed independent practitioner believes a person who is brought to a hospital or nonhospital facility by a peace officer under ORS 426.228 or by an individual authorized under ORS 426.233, or believes a person who is at a hospital or nonhospital facility, is dangerous to self or to any other person and is in need of emergency care or treatment for mental illness, and the licensed independent practitioner is not related to the person by blood or marriage, the licensed independent practitioner may do one of the following:
(a) Detain the person and cause the person to be admitted or, if the person is already admitted, cause the person to be retained in a hospital where the licensed independent practitioner has admitting privileges or is on staff.
(b) Approve the person for emergency care or treatment at a nonhospital facility approved by the authority.
(2) When approving a person for emergency care or treatment at a nonhospital facility under this section, the licensed independent practitioner shall notify immediately the community mental health program director in the county where the person was taken into custody and maintain the person, if the person is being held at a hospital, for as long as is feasible given the needs of the person for mental or physical health or safety. However, under no circumstances may the person be held for longer than five judicial days. [1993 c.484 §4; 1995 c.201 §3; 1997 c.531 §4; 2009 c.595 §404; 2013 c.360 §40; 2015 c.461 §13]
Note:
See note under 426.228.