77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1322
Senate Bill 426
Sponsored by Senator PROZANSKI (at the request of Kristie
Kilcullen and John Kilcullen) (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Increases from 180 days to two years maximum period of
indefinite commitment of persons who lack capacity to stand trial
due to mental illness and have been charged with certain crimes.
Updates terminology.
A BILL FOR AN ACT
Relating to commitment of persons with mental illness; creating
new provisions; and amending ORS 21.010, 109.322, 135.775,
161.370, 166.250, 166.291, 166.470, 179.473, 408.570, 419C.529,
421.245, 421.284, 421.296, 426.005, 426.010, 426.060, 426.070,
426.072, 426.074, 426.075, 426.090, 426.095, 426.100, 426.110,
426.120, 426.123, 426.125, 426.127, 426.130, 426.135, 426.140,
426.150, 426.155, 426.160, 426.170, 426.223, 426.228, 426.231,
426.232, 426.233, 426.234, 426.235, 426.237, 426.241, 426.250,
426.255, 426.273, 426.275, 426.278, 426.292, 426.297, 426.300,
426.301, 426.307, 426.310, 426.320, 426.335, 426.370, 426.385,
426.500, 428.310, 480.225, 677.225 and 680.205 and section 5,
chapter 826, Oregon Laws 2009.
Be It Enacted by the People of the State of Oregon:
{ +
INCREASE IN MAXIMUM TERM OF INDEFINITE COMMITMENT + }
{ +
OF PERSON WITH MENTAL ILLNESS CHARGED WITH CERTAIN CRIMES + }
SECTION 1. ORS 426.307 is amended to read:
426.307. If { - the - } { + 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
{ - as described - } :
(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 { - person - } { + professional + } as
recommended by the Oregon Health Authority and is without funds
to retain a physician or other qualified { - person - } { +
professional + } for purposes of the examination, the court shall
appoint a physician or other qualified { - person - } { +
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 { - persons - }
{ + professionals + }, the court shall determine whether the
person is still a { - mentally ill person - } { + person with
mental illness + } and { + is + } in need of further treatment.
If in the opinion of the court the individual is still a
{ - mentally ill person - } { + 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 { + or, for a person committed pursuant to ORS 161.370 who
was charged with a crime other than a crime listed in ORS
137.700, up to two years + }.
(7) At the end of the { - 180-day - } period { + specified
in subsection (6) of this section + }, the person shall be
released unless the authority or facility again certifies to the
committing court that the person is still a { - mentally
ill - } 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.
SECTION 2. ORS 161.370 is amended to read:
161.370. (1) When the defendant's fitness to proceed is drawn
in question, the issue shall be determined by the court. If
neither the prosecuting attorney nor counsel for the defendant
contests the finding of the report filed under ORS 161.365, the
court may make the determination on the basis of the report. If
the finding is contested, the court shall hold a hearing on the
issue. If the report is received in evidence in the hearing, the
party who contests the finding has the right to summon and to
cross-examine any psychiatrist or psychologist who submitted the
report and to offer evidence upon the issue. Other evidence
regarding the defendant's fitness to proceed may be introduced by
either party.
(2) If the court determines that the defendant lacks fitness to
proceed, the criminal proceeding against the defendant shall be
suspended and:
(a) If the court finds that the defendant is dangerous to self
or others as a result of mental disease or defect, or that the
services and supervision necessary to restore the defendant's
fitness to proceed are not available in the community, the court
shall commit the defendant to the custody of the superintendent
of a state mental hospital or director of a facility, designated
by the Oregon Health Authority, if the defendant is at least 18
years of age, or to the custody of the director of a secure
intensive community inpatient facility designated by the
authority if the defendant is under 18 years of age; or
(b) If the court does not make a finding described in paragraph
(a) of this subsection, or if the court determines that care
other than commitment for incapacity to stand trial would better
serve the defendant and the community, the court shall release
the defendant on supervision for as long as the unfitness
endures.
(3) When a defendant is released on supervision under this
section, the court may place conditions that the court deems
appropriate on the release, including the requirement that the
defendant regularly report to the authority or a community mental
health program for examination to determine if the defendant has
regained capacity to stand trial.
(4) When the court, on its own motion or upon the application
of the superintendent of the hospital or director of the facility
in which the defendant is committed, a person examining the
defendant as a condition of release on supervision, or either
party, determines, after a hearing, if a hearing is requested,
that the defendant has regained fitness to proceed, the criminal
proceeding shall be resumed. If, however, the court is of the
view that so much time has elapsed since the commitment or
release of the defendant on supervision that it would be unjust
to resume the criminal proceeding, the court on motion of either
party may dismiss the charge and may order the defendant to be
discharged or cause a proceeding to be commenced forthwith under
ORS 426.070 to 426.170 or 427.235 to 427.290.
(5) The superintendent of a state hospital or director of a
facility to which the defendant is committed shall cause the
defendant to be evaluated within 60 days from the defendant's
delivery into the superintendent's or director's custody, for the
purpose of determining whether there is a substantial probability
that, in the foreseeable future, the defendant will have the
capacity to stand trial. In addition, the superintendent or
director shall:
(a) Immediately notify the committing court if the defendant,
at any time, gains or regains the capacity to stand trial or will
never have the capacity to stand trial.
(b) Within 90 days of the defendant's delivery into the
superintendent's or director's custody, notify the committing
court that:
(A) The defendant has the present capacity to stand trial;
(B) There is no substantial probability that, in the
foreseeable future, the defendant will gain or regain the
capacity to stand trial; or
(C) There is a substantial probability that, in the foreseeable
future, the defendant will gain or regain the capacity to stand
trial. If the probability exists, the superintendent or director
shall give the court an estimate of the time in which the
defendant, with appropriate treatment, is expected to gain or
regain capacity.
(6)(a) If the superintendent or director determines that there
is a substantial probability that, in the foreseeable future, the
defendant will gain or regain the capacity to stand trial, unless
the court otherwise orders, the defendant shall remain in the
superintendent's or director's custody where the defendant shall
receive treatment designed for the purpose of enabling the
defendant to gain or regain capacity. In keeping with the notice
requirement under subsection (5)(b) of this section, the
superintendent or director shall, for the duration of the
defendant's period of commitment, submit a progress report to the
committing court, concerning the defendant's capacity or
incapacity, at least once every { - 180 days - } { + two
years + } as measured from the date of the defendant's delivery
into the superintendent's or director's custody.
(b) Notwithstanding paragraph (a) of this subsection, if the
superintendent or director determines that a defendant committed
under this section is no longer dangerous to self or others as a
result of mental disease or defect, or that the services and
supervision necessary to restore the defendant's fitness to
proceed are available in the community, the superintendent or
director shall file notice of that determination with the court.
Upon receipt of the notice, the court shall order the person
released on supervision as described in subsection (3) of this
section.
(7)(a) A defendant who remains committed under subsection (6)
of this section shall be discharged within a period of time that
is reasonable for making a determination concerning whether or
not, and when, the defendant may gain or regain capacity.
However, regardless of the number of charges with which the
defendant is accused, in no event shall the defendant be
committed for longer than whichever of the following, measured
from the defendant's initial custody date, is shorter:
(A) Three years; or
(B) A period of time equal to the maximum sentence the court
could have imposed if the defendant had been convicted.
(b) For purposes of calculating the maximum period of
commitment described in paragraph (a) of this subsection:
(A) The initial custody date is the date on which the defendant
is first committed under this section on any charge alleged in
the accusatory instrument; and
(B) The defendant shall be given credit against each charge
alleged in the accusatory instrument for each day the defendant
is committed under this section, whether the days are consecutive
or are interrupted by a period of time during which the defendant
has regained fitness to proceed.
(8) The superintendent or director shall notify the committing
court of the defendant's impending discharge 30 days before the
date on which the superintendent or director is required to
discharge the defendant under subsection (7) of this section.
(9) When the committing court receives a notice from the
superintendent or director under subsection (5) or (8) of this
section concerning the defendant's progress or lack thereof, the
committing court shall determine, after a hearing, if a hearing
is requested, whether the defendant presently has the capacity to
stand trial.
(10) If at any time the court determines that the defendant
lacks the capacity to stand trial, the court shall further
determine whether there is a substantial probability that the
defendant, in the foreseeable future, will gain or regain the
capacity to stand trial and whether the defendant is entitled to
discharge under subsection (7) of this section. If the court
determines that there is no substantial probability that the
defendant, in the foreseeable future, will gain or regain the
capacity to stand trial or that the defendant is entitled to
discharge under subsection (7) of this section, the court shall
dismiss, without prejudice, all charges against the defendant
and:
(a) Order that the defendant be discharged; or
(b) Initiate commitment proceedings under ORS 426.070 or
427.235 to 427.290.
(11) All notices required under this section shall be filed
with the clerk of the court and delivered to both the district
attorney and the counsel for the defendant.
(12) If the defendant regains fitness to proceed, the term of
any sentence received by the defendant for conviction of the
crime charged shall be reduced by the amount of time the
defendant was committed under this section to the custody of a
state mental hospital, or to the custody of a secure intensive
community inpatient facility, designated by the Oregon Health
Authority.
(13) Notwithstanding the suspension of the criminal proceeding
under subsection (2) of this section, the fact that the defendant
is unfit to proceed does not preclude any objection through
counsel and without the personal participation of the defendant
on the grounds that the indictment is insufficient, that the
statute of limitations has run, that double jeopardy principles
apply or upon any other ground at the discretion of the court
which the court deems susceptible of fair determination prior to
trial.
{ +
CONFORMING AMENDMENTS + }
SECTION 3. ORS 21.010 is amended to read:
21.010. (1) Except as provided in this section, the appellant
in an appeal or the petitioner in a judicial review in the
Supreme Court or the Court of Appeals shall pay a filing fee of
$355 in the manner prescribed by ORS 19.265. The respondent in
such case and any other person appearing in the appeal, upon
entering first appearance or filing first brief in the court,
shall pay to the State Court Administrator a filing fee of $355.
The party entitled to costs and disbursements on such appeal
shall recover from the opponent the amount so paid.
(2) Filing and appearance fees may not be assessed in appeals
from habeas corpus proceedings under ORS 34.710, post-conviction
relief proceedings under ORS 138.650, juvenile court under ORS
419A.200, the involuntary commitment of persons determined to be
{ - mentally ill - } { + persons with mental illness + }
under ORS 426.135 or persons determined to have an intellectual
disability under ORS 427.295 or orders of the State Board of
Parole and Post-Prison Supervision or on judicial review of
orders entered under ORS 161.315 to 161.351 by the Psychiatric
Security Review Board or the Oregon Health Authority.
(3) Filing and appearance fees shall be assessed in an appeal
from an appeal to a circuit court from a justice court or
municipal court in an action alleging commission of a state
offense designated as a violation or an action alleging violation
of a city charter or ordinance, but not in an action alleging
commission of a state crime.
(4) Filing and appearance fees shall only be assessed in an
appeal in a contempt proceeding seeking imposition of remedial
sanctions under the provisions of ORS 33.055.
(5) The filing and appearance fees established by this section
apply to cases of original jurisdiction in the Supreme Court.
SECTION 4. ORS 109.322 is amended to read:
109.322. (1) If a parent has been adjudged { - mentally ill
or mentally retarded - } { + to be a person with mental illness
under ORS 426.130 or a person with an intellectual disability who
is in need of commitment for residential care, treatment and
training under ORS 427.290, + } and remains so at the time of the
adoption proceedings, or if a parent is imprisoned in a state or
federal prison under a sentence for a term of not less than three
years and has actually served three years, the petitioner, in
accordance with ORS 109.330, shall serve on the parent, if the
parent has not consented in writing to the adoption, a summons
and a motion and order to show cause why the adoption of the
child should not be ordered without the parent's consent.
(2) In the case of a parent adjudged { - mentally ill or
mentally retarded - } { + to be a person with mental illness
under ORS 426.130 or a person with an intellectual disability who
is in need of commitment for residential care, treatment and
training under ORS 427.290 + }, the petitioner shall also serve
the summons and the motion and order to show cause upon the
guardian of the parent. If the parent has no guardian, the court
shall appoint a guardian ad litem to appear for the parent in the
adoption proceedings.
(3) Upon hearing, if the court finds that the adoption is in
the best interests of the child, the consent of the parent who is
imprisoned or adjudged { - mentally ill or mentally
retarded - } { + to be a person with mental illness or an
intellectual disability + } is not required, and the court may
proceed regardless of the objection of the parent.
(4) This section does not apply when consent is given in loco
parentis under ORS 109.316 or 109.318.
SECTION 5. ORS 135.775 is amended to read:
135.775. The Agreement on Detainers is hereby enacted into law
and entered into by this state with all other jurisdictions
legally joining therein in the form substantially as follows:
_________________________________________________________________
AGREEMENT ON DETAINERS
The contracting states solemnly agree that:
ARTICLE I
The party states find that charges outstanding against a
prisoner, detainers based on untried indictments, informations or
complaints, and difficulties in securing speedy trial of persons
already incarcerated in other jurisdictions, produce
uncertainties which obstruct programs of prisoner treatment and
rehabilitation. Accordingly, it is the policy of the party
states and the purpose of this agreement to encourage the
expeditious and orderly disposition of such charges and
determination of the proper status of any and all detainers based
on untried indictments, informations or complaints. The party
states also find that proceedings with reference to such charges
and detainers, when emanating from another jurisdiction, cannot
properly be had in the absence of cooperative procedures. It is
the further purpose of this agreement to provide such cooperative
procedures.
ARTICLE II
As used in this agreement:
(a) 'State' shall mean a state of the United States; the United
States of America; a territory or possession of the United
States; the District of Columbia; the Commonwealth of Puerto
Rico.
(b) 'Sending state' shall mean a state in which a prisoner is
incarcerated at the time that the prisoner initiates a request
for final disposition pursuant to Article III of this agreement
or at the time that a request for custody or availability is
initiated pursuant to Article IV of this agreement.
(c) 'Receiving state' shall mean the state in which trial is to
be had on an indictment, information or complaint pursuant to
Article III or Article IV of this agreement.
(d) 'Department of Corrections institution' of this state shall
mean any institution operated by the Department of Corrections.
ARTICLE III
(a) Whenever a person has entered upon a term of imprisonment
in a penal or correctional institution of a party state, and
whenever during the continuance of the term of imprisonment there
is pending in any other party state any untried indictment,
information or complaint on the basis of which a detainer has
been lodged against the prisoner, the prisoner shall be brought
to trial within 180 days after the prisoner shall have caused to
be delivered to the prosecuting officer and the appropriate court
of the prosecuting officer's jurisdiction written notice of the
place of imprisonment and the request of the prisoner for a final
disposition to be made of the indictment, information or
complaint: Provided, that for good cause shown in open court, the
prisoner or the counsel of the prisoner being present, the court
having jurisdiction of the matter may grant any necessary or
reasonable continuance. The request of the prisoner shall be
accompanied by a certificate of the appropriate official having
custody of the prisoner, stating the term of commitment under
which the prisoner is being held, the time already served, the
time remaining to be served on the sentence, the amount of good
time earned, the time of parole eligibility of the prisoner, and
any decisions of the state parole agency relating to the
prisoner.
(b) The written notice and request for final disposition
referred to in paragraph (a) of this Article shall be given or
sent by the prisoner to the warden or other official having
custody of the prisoner, who shall promptly forward it together
with the certificate to the prosecuting official and court by
registered or certified mail, return receipt requested.
(c) The warden or other official having custody of the prisoner
shall promptly inform the prisoner of the source and contents of
any detainer lodged against the prisoner and shall also inform
the prisoner of the right to make a request for final disposition
of the indictment, information or complaint on which the detainer
is based.
(d) Any request for final disposition made by a prisoner
pursuant to paragraph (a) of this Article shall operate as a
request for final disposition of all untried indictments,
informations or complaints on the basis of which detainers have
been lodged against the prisoner from the state to whose
prosecuting official the request for final disposition is
specifically directed. The warden or other official having
custody of the prisoner shall forthwith notify all appropriate
prosecuting officers and courts in the several jurisdictions
within the state to which the prisoner's request for final
disposition is being sent of the proceeding being initiated by
the prisoner. Any notification sent pursuant to this paragraph
shall be accompanied by copies of the prisoner's written notice,
request and the certificate. If trial is not had on any
indictment, information or complaint contemplated hereby prior to
the return of the prisoner to the original place of imprisonment,
such indictment, information or complaint shall not be of any
further force or effect, and the court shall enter an order
dismissing the same with prejudice.
(e) Any request for final disposition made by a prisoner
pursuant to paragraph (a) of this Article shall also be deemed to
be a waiver of extradition with respect to any charge or
proceeding contemplated thereby or included therein by reason of
paragraph (d) of this Article, and a waiver of extradition to the
receiving state to serve any sentence there imposed upon the
prisoner, after completion of the term of imprisonment in the
sending state. The request for final disposition shall also
constitute a consent by the prisoner to the production of the
body of the prisoner in any court where the presence of the
prisoner may be required in order to effectuate the purposes of
this agreement and a further consent voluntarily to be returned
to the original place of imprisonment in accordance with the
provisions of this agreement. Nothing in this paragraph shall
prevent the imposition of a concurrent sentence if otherwise
permitted by law.
(f) Escape from custody by the prisoner subsequent to the
execution of the request for final disposition referred to in
paragraph (a) of this Article shall void the request.
ARTICLE IV
(a) The appropriate officer of the jurisdiction in which an
untried indictment, information or complaint is pending shall be
entitled to have a prisoner against whom the officer has lodged a
detainer and who is serving a term of imprisonment in any party
state made available in accordance with paragraph (a) of Article
V of this agreement upon presentation of a written request for
temporary custody or availability to the appropriate authorities
of the state in which the prisoner is incarcerated: Provided,
that the court having jurisdiction of such indictment,
information or complaint shall have duly approved, recorded and
transmitted the request; And provided further, that there shall
be a period of 30 days after receipt by the appropriate
authorities before the request be honored, within which period
the governor of the sending state may disapprove the request for
temporary custody or availability, either upon the own motion of
the governor or upon motion of the prisoner.
(b) Upon receipt of the officer's written request as provided
in paragraph (a) of this Article, the appropriate authorities
having the prisoner in custody shall furnish the officer with a
certificate stating the term of commitment under which the
prisoner is being held, the time already served, the time
remaining to be served on the sentence, the amount of good time
earned, the time of parole eligibility of the prisoner and any
decisions of the state parole agency relating to the prisoner.
Such authorities simultaneously shall furnish all other officers
and appropriate courts in the receiving state who have lodged
detainers against the prisoner with similar certificates and with
notices informing them of the request for custody or availability
and of the reasons therefor.
(c) In respect of any proceeding made possible by this Article,
trial shall be commenced within 120 days of the arrival of the
prisoner in the receiving state, but for good cause shown in open
court, the prisoner or the counsel of the prisoner being present,
the court having jurisdiction of the matter may grant any
necessary or reasonable continuance.
(d) Nothing contained in this Article shall be construed to
deprive any prisoner of any right which the prisoner may have to
contest the legality of the delivery of the prisoner as provided
in paragraph (a) of this Article, but such delivery may not be
opposed or denied on the ground that the executive authority of
the sending state has not affirmatively consented to or ordered
such delivery.
(e) If trial is not had on any indictment, information or
complaint contemplated hereby prior to the prisoner's being
returned to the original place of imprisonment pursuant to
paragraph (e) of Article V of this agreement, such indictment,
information or complaint shall not be of any further force or
effect, and the court shall enter an order dismissing the same
with prejudice.
ARTICLE V
(a) In response to a request made under Article III or Article
IV of this agreement, the appropriate authority in a sending
state shall offer to deliver temporary custody of such prisoner
to the appropriate authority in the state where such indictment,
information or complaint is pending against such person in order
that speedy and efficient prosecution may be had. If the request
for final disposition is made by the prisoner, the offer of
temporary custody shall accompany the written notice provided for
in Article III of this agreement. In the case of a federal
prisoner, the appropriate authority in the receiving state shall
be entitled to temporary custody as provided by this agreement or
to the prisoner's presence in federal custody at the place for
trial, whichever custodial arrangement may be approved by the
custodian.
(b) The officer or other representative of a state accepting an
offer of temporary custody shall present the following upon
demand:
(1) Proper identification and evidence of authority to act for
the state into whose temporary custody the prisoner is to be
given.
(2) A duly certified copy of the indictment, information or
complaint on the basis of which the detainer has been lodged and
on the basis of which the request for temporary custody of the
prisoner has been made.
(c) If the appropriate authority shall refuse or fail to accept
temporary custody of such prisoner, or in the event that an
action on the indictment, information or complaint on the basis
of which the detainer has been lodged is not brought to trial
within the period provided in Article III or Article IV of this
agreement, the appropriate court of the jurisdiction where the
indictment, information or complaint has been pending shall enter
an order dismissing the same with prejudice, and any detainer
based thereon shall cease to be of any force or effect.
(d) The temporary custody referred to in this agreement shall
be only for the purpose of permitting prosecution on the charge
or charges contained in one or more untried indictments,
informations or complaints which form the basis of the detainer
or detainers or for prosecution on any other charge or charges
arising out of the same transaction. Except for attendance of the
prisoner at court and while being transported to or from any
place at which the presence of the prisoner may be required, the
prisoner shall be held in a suitable jail or other facility
regularly used for persons awaiting prosecution.
(e) At the earliest practicable time consonant with the
purposes of this agreement, the prisoner shall be returned to the
sending state.
(f) During the continuance of temporary custody or while the
prisoner is otherwise being made available for trial as required
by this agreement, time being served on the sentence shall
continue to run but good time shall be earned by the prisoner
only if, and to the extent that, the law and practice of the
jurisdiction which imposed the sentence may allow.
(g) For all purposes other than that for which temporary
custody as provided in this agreement is exercised, the prisoner
shall be deemed to remain in the custody of and subject to the
jurisdiction of the sending state and any escape from temporary
custody may be dealt with in the same manner as an escape from
the original place of imprisonment or in any other manner
permitted by law.
(h) From the time that a party state receives custody of a
prisoner pursuant to this agreement until such prisoner is
returned to the territory and custody of the sending state, the
state in which the one or more untried indictments, informations
or complaints are pending or in which trial is being had shall be
responsible for the prisoner and shall also pay all costs of
transporting, caring for, keeping and returning the prisoner. The
provisions of this paragraph shall govern unless the states
concerned shall have entered into a supplementary agreement
providing for a different allocation of costs and
responsibilities as between or among themselves. Nothing
contained in this paragraph shall be construed to alter or affect
any internal relationship among the departments, agencies and
officers of and in the government of a party state, or between a
party state and its subdivisions, as to the payment of costs, or
responsibilities therefor.
ARTICLE VI
(a) In determining the duration and expiration dates of the
time periods provided in Articles III and IV of this agreement,
the running of such time periods shall be tolled whenever and for
as long as the prisoner is unable to stand trial, as determined
by the court having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made
available by this agreement, shall apply to any person who is
adjudged to be { - mentally ill - } { + a person with mental
illness + }.
ARTICLE VII
Each state party to this agreement shall designate an officer
who, acting jointly with like officers of other party states,
shall promulgate rules and regulations to carry out more
effectively the terms and provisions of this agreement, and who
shall provide within and without the state, information necessary
to the effective operation of this agreement.
ARTICLE VIII
This agreement shall enter into full force and effect as to a
party state when such state has enacted the agreement into law. A
state party to this agreement may withdraw herefrom by enacting a
statute repealing the agreement. However, the withdrawal of any
state shall not affect the status of any proceedings already
initiated by prisoners or by state officers at the time such
withdrawal takes effect, nor shall it affect their rights in
respect thereof.
ARTICLE IX
This agreement shall be liberally construed so as to effectuate
its purposes. The provisions of this agreement shall be severable
and if any phrase, clause, sentence or provision of this
agreement is declared to be contrary to the constitution of any
party state or of the United States or the applicability thereof
to any government, agency, person or circumstance is held
invalid, the validity of the remainder of this agreement and the
applicability thereof to any government, agency, person or
circumstance shall not be affected thereby. If this agreement
shall be held contrary to the constitution of any state party to
this agreement, the agreement shall remain in full force and
effect as to the remaining states and in full force and effect as
to the state affected as to all severable matters.
_________________________________________________________________
SECTION 6. ORS 166.250 is amended to read:
166.250. (1) Except as otherwise provided in this section or
ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to
166.470 or section 5, chapter 826, Oregon Laws 2009, a person
commits the crime of unlawful possession of a firearm if the
person knowingly:
(a) Carries any firearm concealed upon the person;
(b) Possesses a handgun that is concealed and readily
accessible to the person within any vehicle; or
(c) Possesses a firearm and:
(A) Is under 18 years of age;
(B)(i) While a minor, was found to be within the jurisdiction
of the juvenile court for having committed an act which, if
committed by an adult, would constitute a felony or a misdemeanor
involving violence, as defined in ORS 166.470; and
(ii) Was discharged from the jurisdiction of the juvenile court
within four years prior to being charged under this section;
(C) Has been convicted of a felony;
(D) Was committed to the Oregon Health Authority under ORS
426.130;
(E) Was found to be { - mentally ill - } { + a person with
mental illness + } and subject to an order under ORS 426.130 that
the person be prohibited from purchasing or possessing a firearm
as a result of that mental illness; or
(F) Has been found guilty except for insanity under ORS 161.295
of a felony.
(2) This section does not prohibit:
(a) A minor, who is not otherwise prohibited under subsection
(1)(c) of this section, from possessing a firearm:
(A) Other than a handgun, if the firearm was transferred to the
minor by the minor's parent or guardian or by another person with
the consent of the minor's parent or guardian; or
(B) Temporarily for hunting, target practice or any other
lawful purpose; or
(b) Any citizen of the United States over the age of 18 years
who resides in or is temporarily sojourning within this state,
and who is not within the excepted classes prescribed by ORS
166.270 and subsection (1) of this section, from owning,
possessing or keeping within the person's place of residence or
place of business any handgun, and no permit or license to
purchase, own, possess or keep any such firearm at the person's
place of residence or place of business is required of any such
citizen. As used in this subsection, 'residence' includes a
recreational vessel or recreational vehicle while used, for
whatever period of time, as residential quarters.
(3) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.
(4)(a) Except as provided in paragraphs (b) and (c) of this
subsection, a handgun is readily accessible within the meaning of
this section if the handgun is within the passenger compartment
of the vehicle.
(b) If a vehicle, other than a vehicle described in paragraph
(c) of this subsection, has no storage location that is outside
the passenger compartment of the vehicle, a handgun is not
readily accessible within the meaning of this section if:
(A) The handgun is stored in a closed and locked glove
compartment, center console or other container; and
(B) The key is not inserted into the lock, if the glove
compartment, center console or other container unlocks with a
key.
(c) If a vehicle is a motorcycle, an all-terrain vehicle or a
snowmobile, a handgun is not readily accessible within the
meaning of this section if:
(A) The handgun is in a locked container within or affixed to
the vehicle; or
(B) The handgun is equipped with a trigger lock or other
locking mechanism that prevents the discharge of the firearm.
(5) Unlawful possession of a firearm is a Class A misdemeanor.
SECTION 7. ORS 166.250, as amended by section 11a, chapter 826,
Oregon Laws 2009, and section 2, chapter 662, Oregon Laws 2011,
is amended to read:
166.250. (1) Except as otherwise provided in this section or
ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to
166.470, a person commits the crime of unlawful possession of a
firearm if the person knowingly:
(a) Carries any firearm concealed upon the person;
(b) Possesses a handgun that is concealed and readily
accessible to the person within any vehicle; or
(c) Possesses a firearm and:
(A) Is under 18 years of age;
(B)(i) While a minor, was found to be within the jurisdiction
of the juvenile court for having committed an act which, if
committed by an adult, would constitute a felony or a misdemeanor
involving violence, as defined in ORS 166.470; and
(ii) Was discharged from the jurisdiction of the juvenile court
within four years prior to being charged under this section;
(C) Has been convicted of a felony;
(D) Was committed to the Oregon Health Authority under ORS
426.130;
(E) Was found to be { - mentally ill - } { + a person with
mental illness + } and subject to an order under ORS 426.130 that
the person be prohibited from purchasing or possessing a firearm
as a result of that mental illness; or
(F) Has been found guilty except for insanity under ORS 161.295
of a felony.
(2) This section does not prohibit:
(a) A minor, who is not otherwise prohibited under subsection
(1)(c) of this section, from possessing a firearm:
(A) Other than a handgun, if the firearm was transferred to the
minor by the minor's parent or guardian or by another person with
the consent of the minor's parent or guardian; or
(B) Temporarily for hunting, target practice or any other
lawful purpose; or
(b) Any citizen of the United States over the age of 18 years
who resides in or is temporarily sojourning within this state,
and who is not within the excepted classes prescribed by ORS
166.270 and subsection (1) of this section, from owning,
possessing or keeping within the person's place of residence or
place of business any handgun, and no permit or license to
purchase, own, possess or keep any such firearm at the person's
place of residence or place of business is required of any such
citizen. As used in this subsection, 'residence' includes a
recreational vessel or recreational vehicle while used, for
whatever period of time, as residential quarters.
(3) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.
(4)(a) Except as provided in paragraphs (b) and (c) of this
subsection, a handgun is readily accessible within the meaning of
this section if the handgun is within the passenger compartment
of the vehicle.
(b) If a vehicle, other than a vehicle described in paragraph
(c) of this subsection, has no storage location that is outside
the passenger compartment of the vehicle, a handgun is not
readily accessible within the meaning of this section if:
(A) The handgun is stored in a closed and locked glove
compartment, center console or other container; and
(B) The key is not inserted into the lock, if the glove
compartment, center console or other container unlocks with a
key.
(c) If the vehicle is a motorcycle, an all-terrain vehicle or a
snowmobile, a handgun is not readily accessible within the
meaning of this section if:
(A) The handgun is in a locked container within or affixed to
the vehicle; or
(B) The handgun is equipped with a trigger lock or other
locking mechanism that prevents the discharge of the firearm.
(5) Unlawful possession of a firearm is a Class A misdemeanor.
SECTION 8. ORS 166.291 is amended to read:
166.291. (1) The sheriff of a county, upon a person's
application for an Oregon concealed handgun license, upon receipt
of the appropriate fees and after compliance with the procedures
set out in this section, shall issue the person a concealed
handgun license if the person:
(a)(A) Is a citizen of the United States; or
(B) Is a legal resident alien who can document continuous
residency in the county for at least six months and has declared
in writing to the United States Citizenship and Immigration
Services the intent to acquire citizenship status and can present
proof of the written declaration to the sheriff at the time of
application for the license;
(b) Is at least 21 years of age;
(c) Is a resident of the county;
(d) Has no outstanding warrants for arrest;
(e) Is not free on any form of pretrial release;
(f) Demonstrates competence with a handgun by any one of the
following:
(A) Completion of any hunter education or hunter safety course
approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component
of the course;
(B) Completion of any National Rifle Association firearms
safety or training course if handgun safety was a component of
the course;
(C) Completion of any firearms safety or training course or
class available to the general public offered by law enforcement,
community college, or private or public institution or
organization or firearms training school utilizing instructors
certified by the National Rifle Association or a law enforcement
agency if handgun safety was a component of the course;
(D) Completion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law
enforcement officers if handgun safety was a component of the
course;
(E) Presents evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service;
(F) Is licensed or has been licensed to carry a firearm in this
state, unless the license has been revoked; or
(G) Completion of any firearms training or safety course or
class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun
safety was a component of the course;
(g) Has never been convicted of a felony or found guilty,
except for insanity under ORS 161.295, of a felony;
(h) Has not been convicted of a misdemeanor or found guilty,
except for insanity under ORS 161.295, of a misdemeanor within
the four years prior to the application;
(i) Has not been committed to the Oregon Health Authority under
ORS 426.130;
(j) Has not been found to be { - mentally ill - } { + a
person with mental illness + } and is not subject to an order
under ORS 426.130 that the person be prohibited from purchasing
or possessing a firearm as a result of that mental illness;
(k) Has been discharged from the jurisdiction of the juvenile
court for more than four years if, while a minor, the person was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470;
(L) Has not been convicted of an offense involving controlled
substances or participated in a court-supervised drug diversion
program, except this disability does not operate to exclude a
person if:
(A) The person has been convicted only once of violating ORS
475.864 (3) and has not completed a court-supervised drug
diversion program under ORS 135.907; or
(B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864 (3);
(m) Is not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.735 or 163.738;
(n) Has not received a dishonorable discharge from the Armed
Forces of the United States; and
(o) Is not required to register as a sex offender in any state.
(2) A person who has been granted relief under ORS 166.274 or
166.293 or section 5, chapter 826, Oregon Laws 2009, or 18 U.S.C.
925(c) or has had the person's record expunged under the laws of
this state or equivalent laws of other jurisdictions is not
subject to the disabilities in subsection (1)(g) to (L) of this
section.
(3) Before the sheriff may issue a license:
(a) The application must state the applicant's legal name,
current address and telephone number, date and place of birth,
hair and eye color and height and weight. The application must
also list the applicant's residence address or addresses for the
previous three years. The application must contain a statement by
the applicant that the applicant meets the requirements of
subsection (1) of this section. The application may include the
Social Security number of the applicant if the applicant
voluntarily provides this number. The application must be signed
by the applicant.
(b) The applicant must submit to fingerprinting and
photographing by the sheriff. The sheriff shall fingerprint and
photograph the applicant and shall conduct any investigation
necessary to corroborate the requirements listed under subsection
(1) of this section. If a nationwide criminal records check is
necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint
cards used to conduct the criminal records check and may not keep
any record of the fingerprints. The Department of State Police
shall report the results of the fingerprint-based criminal
records check to the sheriff. The Department of State Police
shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its
possession including, but not limited to, manual or computerized
criminal offender information.
(4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout this state in substantially the following form:
_________________________________________________________________
APPLICATION FOR LICENSE TO CARRY
CONCEALED HANDGUN
Date_____
I hereby declare as follows:
I am a citizen of the United States or a legal resident alien
who can document continuous residency in the county for at least
six months and have declared in writing to the United States
Citizenship and Immigration Services my intention to become a
citizen and can present proof of the written declaration to the
sheriff at the time of this application. I am at least 21 years
of age. I have been discharged from the jurisdiction of the
juvenile court for more than four years if, while a minor, I was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470. I have never been convicted of a felony
or found guilty, except for insanity under ORS 161.295, of a
felony in the State of Oregon or elsewhere. I have not, within
the last four years, been convicted of a misdemeanor or found
guilty, except for insanity under ORS 161.295, of a misdemeanor.
Except as provided in ORS 166.291 (1)(L), I have not been
convicted of an offense involving controlled substances or
completed a court-supervised drug diversion program. There are no
outstanding warrants for my arrest and I am not free on any form
of pretrial release. I have not been committed to the Oregon
Health Authority under ORS 426.130, nor have I been found
{ - mentally ill - } { + to be a person with mental
illness + } and presently subject to an order prohibiting me from
purchasing or possessing a firearm because of mental illness. If
any of the previous conditions do apply to me, I have been
granted relief or wish to petition for relief from the disability
under ORS 166.274 or 166.293 or section 5, chapter 826, Oregon
Laws 2009, or 18 U.S.C. 925(c) or have had the records expunged.
I am not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.735 or 163.738. I
have never received a dishonorable discharge from the Armed
Forces of the United States. I am not required to register as a
sex offender in any state. I understand I will be fingerprinted
and photographed.
Legal name ________
Age ____ Date of birth _____
Place of birth ________
Social Security number _______
(Disclosure of your Social Security account number is voluntary.
Solicitation of the number is authorized under ORS 166.291. It
will be used only as a means of identification.)
Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the applicant.
The type of identification and the number on the identification
are to be filled in by the sheriff.):
1.________
2.________
Height ___ Weight ___
Hair color ___ Eye color ___
Current address _____
(List residence addresses for the
past three years on the back.)
City ___ County ___ Zip ___
Phone ___
I have read the entire text of this application, and the
statements therein are correct and true. (Making false statements
on this application is a misdemeanor.)
__________
(Signature of Applicant)
Character references.
__________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name Address
__________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name Address
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Approved __ Disapproved __ by __
Competence with handgun demonstrated by ___ (to be filled in by
sheriff)
Date ___ Fee Paid ___
License No. ___
_________________________________________________________________
(5)(a) Fees for concealed handgun licenses are:
(A) $15 to the Department of State Police for conducting the
fingerprint check of the applicant.
(B) $50 to the sheriff for the issuance or renewal of a
concealed handgun license.
(C) $15 to the sheriff for the duplication of a license because
of loss or change of address.
(b) The sheriff may enter into an agreement with the Department
of Transportation to produce the concealed handgun license.
(6) No civil or criminal liability shall attach to the sheriff
or any authorized representative engaged in the receipt and
review of, or an investigation connected with, any application
for, or in the issuance, denial or revocation of, any license
under ORS 166.291 to 166.295 as a result of the lawful
performance of duties under those sections.
(7) Immediately upon acceptance of an application for a
concealed handgun license, the sheriff shall enter the
applicant's name into the Law Enforcement Data System indicating
that the person is an applicant for a concealed handgun license
or is a license holder.
(8) The county sheriff may waive the residency requirement in
subsection (1)(c) of this section for a resident of a contiguous
state who has a compelling business interest or other legitimate
demonstrated need.
(9) For purposes of subsection (1)(c) of this section, a person
is a resident of a county if the person:
(a) Has a current Oregon driver license issued to the person
showing a residence address in the county;
(b) Is registered to vote in the county and has a memorandum
card issued to the person under ORS 247.181 showing a residence
address in the county;
(c) Has documentation showing that the person currently leases
or owns real property in the county; or
(d) Has documentation showing that the person filed an Oregon
tax return for the most recent tax year showing a residence
address in the county.
SECTION 9. ORS 166.291, as amended by section 10, chapter 826,
Oregon Laws 2009, and section 34, chapter 547, Oregon Laws 2011,
is amended to read:
166.291. (1) The sheriff of a county, upon a person's
application for an Oregon concealed handgun license, upon receipt
of the appropriate fees and after compliance with the procedures
set out in this section, shall issue the person a concealed
handgun license if the person:
(a)(A) Is a citizen of the United States; or
(B) Is a legal resident alien who can document continuous
residency in the county for at least six months and has declared
in writing to the United States Citizenship and Immigration
Services the intent to acquire citizenship status and can present
proof of the written declaration to the sheriff at the time of
application for the license;
(b) Is at least 21 years of age;
(c) Is a resident of the county;
(d) Has no outstanding warrants for arrest;
(e) Is not free on any form of pretrial release;
(f) Demonstrates competence with a handgun by any one of the
following:
(A) Completion of any hunter education or hunter safety course
approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component
of the course;
(B) Completion of any National Rifle Association firearms
safety or training course if handgun safety was a component of
the course;
(C) Completion of any firearms safety or training course or
class available to the general public offered by law enforcement,
community college, or private or public institution or
organization or firearms training school utilizing instructors
certified by the National Rifle Association or a law enforcement
agency if handgun safety was a component of the course;
(D) Completion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law
enforcement officers if handgun safety was a component of the
course;
(E) Presents evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service;
(F) Is licensed or has been licensed to carry a firearm in this
state, unless the license has been revoked; or
(G) Completion of any firearms training or safety course or
class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun
safety was a component of the course;
(g) Has never been convicted of a felony or found guilty,
except for insanity under ORS 161.295, of a felony;
(h) Has not been convicted of a misdemeanor or found guilty,
except for insanity under ORS 161.295, of a misdemeanor within
the four years prior to the application;
(i) Has not been committed to the Oregon Health Authority under
ORS 426.130;
(j) Has not been found to be { - mentally ill - } { + a
person with mental illness + } and is not subject to an order
under ORS 426.130 that the person be prohibited from purchasing
or possessing a firearm as a result of that mental illness;
(k) Has been discharged from the jurisdiction of the juvenile
court for more than four years if, while a minor, the person was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470;
(L) Has not been convicted of an offense involving controlled
substances or participated in a court-supervised drug diversion
program, except this disability does not operate to exclude a
person if:
(A) The person has been convicted only once of violating ORS
475.864 (3) and has not completed a court-supervised drug
diversion program under ORS 135.907; or
(B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864 (3);
(m) Is not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.735 or 163.738;
(n) Has not received a dishonorable discharge from the Armed
Forces of the United States; and
(o) Is not required to register as a sex offender in any state.
(2) A person who has been granted relief under ORS 166.274 or
166.293 or 18 U.S.C. 925(c) or has had the person's record
expunged under the laws of this state or equivalent laws of other
jurisdictions is not subject to the disabilities in subsection
(1)(g) to (L) of this section.
(3) Before the sheriff may issue a license:
(a) The application must state the applicant's legal name,
current address and telephone number, date and place of birth,
hair and eye color and height and weight. The application must
also list the applicant's residence address or addresses for the
previous three years. The application must contain a statement by
the applicant that the applicant meets the requirements of
subsection (1) of this section. The application may include the
Social Security number of the applicant if the applicant
voluntarily provides this number. The application must be signed
by the applicant.
(b) The applicant must submit to fingerprinting and
photographing by the sheriff. The sheriff shall fingerprint and
photograph the applicant and shall conduct any investigation
necessary to corroborate the requirements listed under subsection
(1) of this section. If a nationwide criminal records check is
necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint
cards used to conduct the criminal records check and may not keep
any record of the fingerprints. The Department of State Police
shall report the results of the fingerprint-based criminal
records check to the sheriff. The Department of State Police
shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its
possession including, but not limited to, manual or computerized
criminal offender information.
(4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout this state in substantially the following form:
_________________________________________________________________
APPLICATION FOR LICENSE TO CARRY
CONCEALED HANDGUN
Date_____
I hereby declare as follows:
I am a citizen of the United States or a legal resident alien
who can document continuous residency in the county for at least
six months and have declared in writing to the United States
Citizenship and Immigration Services my intention to become a
citizen and can present proof of the written declaration to the
sheriff at the time of this application. I am at least 21 years
of age. I have been discharged from the jurisdiction of the
juvenile court for more than four years if, while a minor, I was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470. I have never been convicted of a felony
or found guilty, except for insanity under ORS 161.295, of a
felony in the State of Oregon or elsewhere. I have not, within
the last four years, been convicted of a misdemeanor or found
guilty, except for insanity under ORS 161.295, of a misdemeanor.
Except as provided in ORS 166.291 (1)(L), I have not been
convicted of an offense involving controlled substances or
completed a court-supervised drug diversion program. There are no
outstanding warrants for my arrest and I am not free on any form
of pretrial release. I have not been committed to the Oregon
Health Authority under ORS 426.130, nor have I been found
{ - mentally ill - } { + to be a person with mental
illness + } and presently subject to an order prohibiting me from
purchasing or possessing a firearm because of mental illness. If
any of the previous conditions do apply to me, I have been
granted relief or wish to petition for relief from the disability
under ORS 166.274 or 166.293 or 18 U.S.C. 925(c) or have had the
records expunged. I am not subject to a citation issued under ORS
163.735 or an order issued under ORS 30.866, 107.700 to 107.735
or 163.738. I have never received a dishonorable discharge from
the Armed Forces of the United States. I am not required to
register as a sex offender in any state. I understand I will be
fingerprinted and photographed.
Legal name ________
Age ____ Date of birth _____
Place of birth ________
Social Security number _______
(Disclosure of your Social Security account number is voluntary.
Solicitation of the number is authorized under ORS 166.291. It
will be used only as a means of identification.)
Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the applicant.
The type of identification and the number on the identification
are to be filled in by the sheriff.):
1.________
2.________
Height ___ Weight ___
Hair color ___ Eye color ___
Current address _____
(List residence addresses for the
past three years on the back.)
City ___ County ___ Zip ___
Phone ___
I have read the entire text of this application, and the
statements therein are correct and true. (Making false statements
on this application is a misdemeanor.)
__________
(Signature of Applicant)
Character references.
__________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name: Address
__________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name: Address
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Approved __ Disapproved __ by __
Competence with handgun demonstrated by ___ (to be filled in by
sheriff)
Date ___ Fee Paid ___
License No. ___
_________________________________________________________________
(5)(a) Fees for concealed handgun licenses are:
(A) $15 to the Department of State Police for conducting the
fingerprint check of the applicant.
(B) $50 to the sheriff for the issuance or renewal of a
concealed handgun license.
(C) $15 to the sheriff for the duplication of a license because
of loss or change of address.
(b) The sheriff may enter into an agreement with the Department
of Transportation to produce the concealed handgun license.
(6) No civil or criminal liability shall attach to the sheriff
or any authorized representative engaged in the receipt and
review of, or an investigation connected with, any application
for, or in the issuance, denial or revocation of, any license
under ORS 166.291 to 166.295 as a result of the lawful
performance of duties under those sections.
(7) Immediately upon acceptance of an application for a
concealed handgun license, the sheriff shall enter the
applicant's name into the Law Enforcement Data System indicating
that the person is an applicant for a concealed handgun license
or is a license holder.
(8) The county sheriff may waive the residency requirement in
subsection (1)(c) of this section for a resident of a contiguous
state who has a compelling business interest or other legitimate
demonstrated need.
(9) For purposes of subsection (1)(c) of this section, a person
is a resident of a county if the person:
(a) Has a current Oregon driver license issued to the person
showing a residence address in the county;
(b) Is registered to vote in the county and has a memorandum
card issued to the person under ORS 247.181 showing a residence
address in the county;
(c) Has documentation showing that the person currently leases
or owns real property in the county; or
(d) Has documentation showing that the person filed an Oregon
tax return for the most recent tax year showing a residence
address in the county.
SECTION 10. ORS 166.470 is amended to read:
166.470. (1) Unless relief has been granted under ORS 166.274
or section 5, chapter 826, Oregon Laws 2009, or 18 U.S.C. 925(c)
or the expunction laws of this state or an equivalent law of
another jurisdiction, a person may not intentionally sell,
deliver or otherwise transfer any firearm when the transferor
knows or reasonably should know that the recipient:
(a) Is under 18 years of age;
(b) Has been convicted of a felony;
(c) Has any outstanding felony warrants for arrest;
(d) Is free on any form of pretrial release for a felony;
(e) Was committed to the Oregon Health Authority under ORS
426.130;
(f) After January 1, 1990, was found to be { - mentally
ill - } { + a person with mental illness + } and subject to an
order under ORS 426.130 that the person be prohibited from
purchasing or possessing a firearm as a result of that mental
illness;
(g) Has been convicted of a misdemeanor involving violence or
found guilty except for insanity under ORS 161.295 of a
misdemeanor involving violence within the previous four years. As
used in this paragraph, 'misdemeanor involving violence' means a
misdemeanor described in ORS 163.160, 163.187, 163.190, 163.195
or 166.155 (1)(b); or
(h) Has been found guilty except for insanity under ORS 161.295
of a felony.
(2) A person may not sell, deliver or otherwise transfer any
firearm that the person knows or reasonably should know is
stolen.
(3) Subsection (1)(a) of this section does not prohibit:
(a) The parent or guardian, or another person with the consent
of the parent or guardian, of a minor from transferring to the
minor a firearm, other than a handgun; or
(b) The temporary transfer of any firearm to a minor for
hunting, target practice or any other lawful purpose.
(4) Violation of this section is a Class A misdemeanor.
SECTION 11. ORS 166.470, as amended by section 11, chapter 826,
Oregon Laws 2009, is amended to read:
166.470. (1) Unless relief has been granted under ORS 166.274
or 18 U.S.C. 925(c) or the expunction laws of this state or an
equivalent law of another jurisdiction, a person may not
intentionally sell, deliver or otherwise transfer any firearm
when the transferor knows or reasonably should know that the
recipient:
(a) Is under 18 years of age;
(b) Has been convicted of a felony;
(c) Has any outstanding felony warrants for arrest;
(d) Is free on any form of pretrial release for a felony;
(e) Was committed to the Oregon Health Authority under ORS
426.130;
(f) After January 1, 1990, was found to be { - mentally
ill - } { + a person with mental illness + } and subject to an
order under ORS 426.130 that the person be prohibited from
purchasing or possessing a firearm as a result of that mental
illness;
(g) Has been convicted of a misdemeanor involving violence or
found guilty except for insanity under ORS 161.295 of a
misdemeanor involving violence within the previous four years. As
used in this paragraph, 'misdemeanor involving violence' means a
misdemeanor described in ORS 163.160, 163.187, 163.190, 163.195
or 166.155 (1)(b); or
(h) Has been found guilty except for insanity under ORS 161.295
of a felony.
(2) A person may not sell, deliver or otherwise transfer any
firearm that the person knows or reasonably should know is
stolen.
(3) Subsection (1)(a) of this section does not prohibit:
(a) The parent or guardian, or another person with the consent
of the parent or guardian, of a minor from transferring to the
minor a firearm, other than a handgun; or
(b) The temporary transfer of any firearm to a minor for
hunting, target practice or any other lawful purpose.
(4) Violation of this section is a Class A misdemeanor.
SECTION 12. ORS 179.473 is amended to read:
179.473. (1) Whenever the health and welfare of the person and
the efficient administration of the institution require the
transfer of an inmate of a Department of Corrections institution
or a youth offender in a youth correction facility to another
institution:
(a) The Department of Corrections or the Oregon Youth
Authority, with the consent of the Department of Human Services,
may transfer a person at any institution under its jurisdiction
to an institution for persons with mental retardation, or, with
the consent of the Oregon Health and Science University, to the
Oregon Health and Science University.
(b) The Department of Corrections may transfer an inmate of a
Department of Corrections institution to a state { - mental - }
hospital listed in ORS 426.010 for evaluation and treatment
pursuant to rules adopted jointly by the Department of
Corrections and the Oregon Health Authority.
(c) The Oregon Youth Authority may transfer a youth offender or
other person confined in a youth correction facility to a
hospital or facility designated by the Oregon Health Authority
for evaluation and treatment pursuant to rules adopted jointly by
the Oregon Youth Authority and the Oregon Health Authority.
(d) Except as provided in subsection (2) of this section, the
Department of Corrections or the Oregon Youth Authority may make
a transfer of a person from any institution under the
jurisdiction of the department or the Oregon Youth Authority to
any other institution under the jurisdiction of the department or
authority.
(2) A youth offender in a youth correction facility may not be
transferred to a Department of Corrections institution under
subsection (1) of this section. A youth offender in a youth
correction facility who has been transferred to another
institution may not be transferred from such other institution to
a Department of Corrections institution.
(3) The rules adopted under subsection (1)(b) and (c) of this
section must:
(a) Provide the inmate or youth offender with the rights to
which persons are entitled under ORS 179.485.
(b) Provide that a transfer of an inmate or a youth offender to
the Oregon Health Authority for stabilization and evaluation for
treatment may not exceed 30 days unless the transfer is extended
pursuant to a hearing required by paragraph (c) of this
subsection.
(c) Provide for an administrative commitment hearing if:
(A) The Oregon Health Authority determines that administrative
commitment for treatment for a mental illness is necessary or
advisable or that the authority needs more than 30 days to
stabilize or evaluate the inmate or youth offender for treatment;
and
(B) The inmate or youth offender does not consent to the
administrative commitment or an extension of the transfer.
(d) Provide for, at a minimum, all of the following for the
administrative commitment hearing process:
(A) Written notice to the inmate or youth offender that an
administrative commitment to a state { - mental - } hospital
listed in ORS 426.010 or a hospital or facility designated by the
Oregon Health Authority or an extension of the transfer is being
considered. The notice required by this subparagraph must be
provided far enough in advance of the hearing to permit the
inmate or youth offender to prepare for the hearing.
(B) Disclosure to the inmate or youth offender, at the hearing,
of the evidence that is being relied upon for the administrative
commitment or the extension of the transfer.
(C) An opportunity, at the hearing, for the inmate or youth
offender to be heard in person and to present documentary
evidence.
(D) An opportunity, at the hearing, for the inmate or youth
offender to present the testimony of witnesses and to confront
and cross-examine witnesses called by the state. The opportunity
required by this subparagraph may be denied upon a finding by the
decision maker of good cause for not permitting the inmate or
youth offender to present the testimony of witnesses or confront
or cross-examine witnesses called by the state.
(E) An independent decision maker for the hearing.
(F) A written statement by the decision maker of the evidence
relied upon by the decision maker and the reasons for
administratively committing the inmate or youth offender or
extending the transfer.
(G) A qualified and independent assistant for the inmate or
youth offender to be provided by the state if the inmate or youth
offender is financially unable to provide one.
(H) Effective and timely notice of the procedures required by
subparagraphs (A) to (G) of this paragraph.
(e) Provide that an inmate or a youth offender may not be
administratively committed involuntarily unless the independent
decision maker finds by clear and convincing evidence that the
inmate or youth offender is a { - mentally ill - } person
{ + with mental illness + } as defined in ORS 426.005.
(f) Provide that the duration of an administrative commitment
pursuant to an administrative commitment hearing be no more than
180 days unless the administrative commitment is renewed in a
subsequent administrative commitment hearing. Notwithstanding
this paragraph, an administrative commitment may not continue
beyond the term of incarceration to which the inmate was
sentenced or beyond the period of time that the youth offender
may be placed in a youth correction facility.
SECTION 13. ORS 408.570 is amended to read:
408.570. When a veteran who has been adjudged { - mentally
ill - } { + under ORS 426.130 to be a person with mental
illness + } is eligible for treatment in a United States veterans
facility and commitment is necessary for the proper care and
treatment of such veteran, the Oregon Health Authority or
community mental health program director, as provided under ORS
426.060, may, upon receipt of a certificate of eligibility from
the United States Department of Veterans Affairs, assign the
person to the United States Department of Veterans Affairs for
care, custody and treatment in a United States veterans facility.
Upon admission to any such facility, the veteran shall be subject
to the rules and regulations of the United States Department of
Veterans Affairs and provisions of ORS 426.060 to 426.395 and
related rules and regulations of the Oregon Health Authority. The
chief officer of such facility shall be vested with the same
powers exercised by superintendents of state hospitals for
persons with mental illness within this state with reference to
the retention, transfer, trial visit or discharge of the veteran
so assigned. The commitment of a veteran to a veterans facility
within this state by a court of another state under a similar
provision of law has the same force and effect as if the veteran
was committed to a veterans facility within that other state.
SECTION 14. ORS 419C.529 is amended to read:
419C.529. (1) After the entry of a jurisdictional order under
ORS 419C.411 (2), if the court finds by a preponderance of the
evidence that the young person, at the time of disposition, has a
serious mental condition or has a mental disease or defect other
than a serious mental condition and presents a substantial danger
to others, requiring conditional release or commitment to a
hospital or facility designated on an individual case basis by
the Department of Human Services or the Oregon Health Authority
as provided in subsection (6) of this section, the court shall
order the young person placed under the jurisdiction of the
Psychiatric Security Review Board.
(2) The court shall determine whether the young person should
be committed to a hospital or facility designated on an
individual case basis by the department or the authority, as
provided in subsection (6) of this section, or conditionally
released pending a hearing before the juvenile panel of the
Psychiatric Security Review Board as follows:
(a) If the court finds that the young person is not a proper
subject for conditional release, the court shall order the young
person committed to a secure hospital or a secure intensive
community inpatient facility designated on an individual case
basis by the department or the authority, as provided in
subsection (6) of this section, for custody, supervision and
treatment pending a hearing before the juvenile panel in
accordance with ORS 419C.532, 419C.535, 419C.538, 419C.540 and
419C.542 and shall order the young person placed under the
jurisdiction of the board.
(b) If the court finds that the young person can be adequately
controlled with supervision and treatment services if
conditionally released and that necessary supervision and
treatment services are available, the court may order the young
person conditionally released, subject to those supervisory
orders of the court that are in the best interests of justice and
the young person. The court shall designate a qualified mental
health or developmental disabilities treatment provider or state,
county or local agency to supervise the young person on release,
subject to those conditions as the court directs in the order for
conditional release. Prior to the designation, the court shall
notify the qualified mental health or developmental disabilities
treatment provider or agency to whom conditional release is
contemplated and provide the qualified mental health or
developmental disabilities treatment provider or agency an
opportunity to be heard before the court. After receiving an
order entered under this paragraph, the qualified mental health
or developmental disabilities treatment provider or agency
designated shall assume supervision of the young person subject
to the direction of the juvenile panel. The qualified mental
health or developmental disabilities treatment provider or agency
designated as supervisor shall report in writing no less than
once per month to the juvenile panel concerning the supervised
young person's compliance with the conditions of release.
(c) For purposes of determining whether to order commitment to
a hospital or facility or conditional release, the primary
concern of the court is the protection of society.
(3) In determining whether a young person should be
conditionally released, the court may order examinations or
evaluations deemed necessary.
(4) Upon placing a young person on conditional release and
ordering the young person placed under the jurisdiction of the
board, the court shall notify the juvenile panel in writing of
the court's conditional release order, the supervisor designated
and all other conditions of release pending a hearing before the
juvenile panel in accordance with ORS 419C.532, 419C.535,
419C.538, 419C.540 and 419C.542.
(5) When making an order under this section, the court shall:
(a) Determine whether the parent or guardian of the young
person is able and willing to assist the young person in
obtaining necessary mental health or developmental disabilities
services and is willing to acquiesce in the decisions of the
juvenile panel. If the court finds that the parent or guardian:
(A) Is able and willing to do so, the court shall order the
parent or guardian to sign an irrevocable consent form in which
the parent agrees to any placement decision made by the juvenile
panel.
(B) Is unable or unwilling to do so, the court shall order that
the young person be placed in the legal custody of the Department
of Human Services for the purpose of obtaining necessary
developmental disabilities services or mental health services.
(b) Make specific findings on whether there is a victim and, if
so, whether the victim wishes to be notified of any board
hearings and orders concerning the young person and of any
conditional release, discharge or escape of the young person.
(c) Include in the order a list of the persons who wish to be
notified of any board hearing concerning the young person.
(d) Determine on the record the act committed by the young
person for which the young person was found responsible except
for insanity.
(e) State on the record the mental disease or defect on which
the young person relied for the responsible except for insanity
defense.
(6) When the department designates a facility for the
commitment of a { - developmentally disabled - } young
person { + with a developmental disability + } under this
section, or the authority designates a hospital or facility for
commitment of a { - mentally ill - } young person { + with
mental illness + } under this section, the department and the
authority shall take into account the care and treatment needs of
the young person, the resources available to the department or
the authority and the safety of the public.
SECTION 15. ORS 426.005 is amended to read:
426.005. (1) As used in ORS 426.005 to 426.390, unless the
context requires otherwise:
{ - (a) 'Authority' means the Oregon Health Authority. - }
{ - (b) - } { + (a) + } 'Community mental health program
director' means the director of an entity that provides the
services described in ORS 430.630 (3) to (5).
{ - (c) - } { + (b) + } 'Director of the facility' means a
superintendent of a state mental hospital, the chief of
psychiatric services in a community hospital or the person in
charge of treatment and rehabilitation programs at other
treatment facilities.
{ - (d) - } { + (c) + } 'Facility' means a state mental
hospital, community hospital, residential facility,
detoxification center, day treatment facility or such other
facility as the authority determines suitable { - , any of which
may provide - } { + that provides + } diagnosis and evaluation,
medical care, detoxification, social services or rehabilitation
{ - for committed mentally ill persons - } { + to persons
committed to the Oregon Health Authority under ORS 426.130 + }.
{ - (e) 'Mentally ill person' means a person who, because of
a mental disorder, is one or more of the following: - }
{ - (A) Dangerous to self or others. - }
{ - (B) Unable to provide for basic personal needs and is not
receiving such care as is necessary for health or safety. - }
{ - (C) A person: - }
{ - (i) With a chronic mental illness, as defined in ORS
426.495; - }
{ - (ii) Who, within the previous three years, has twice been
placed in a hospital or approved inpatient facility by the
authority or the Department of Human Services under ORS
426.060; - }
{ - (iii) Who is exhibiting symptoms or behavior
substantially similar to those that preceded and led to one or
more of the hospitalizations or inpatient placements referred to
in sub-subparagraph (ii) of this subparagraph; and - }
{ - (iv) Who, unless treated, will continue, to a reasonable
medical probability, to physically or mentally deteriorate so
that the person will become a person described under either
subparagraph (A) or (B) of this paragraph or both. - }
{ - (f) - } { + (d) + } 'Nonhospital facility' means any
facility, other than a hospital, that is approved by the
authority to provide adequate security, psychiatric, nursing and
other services to persons under ORS 426.232 or 426.233.
{ + (e) 'Person with mental illness' means a person who,
because of a mental disorder, is one or more of the following:
(A) Dangerous to self or others.
(B) Unable to provide for basic personal needs and is not
receiving such care as is necessary for health or safety.
(C) A person:
(i) With a chronic mental illness, as defined in ORS 426.495;
(ii) Who, within the previous three years, has twice been
placed in a hospital or approved inpatient facility by the
authority or the Department of Human Services under ORS 426.060;
(iii) Who is exhibiting symptoms or behavior substantially
similar to those that preceded and led to one or more of the
hospitalizations or inpatient placements referred to in
sub-subparagraph (ii) of this subparagraph; and
(iv) Who, unless treated, will continue, to a reasonable
medical probability, to physically or mentally deteriorate so
that the person will become a person described under either
subparagraph (A) or (B) of this paragraph or both. + }
{ - (g) - } { + (f) + } 'Prehearing period of detention'
means a period of time calculated from the initiation of custody
during which a person may be detained under ORS 426.228, 426.231,
426.232 or 426.233.
(2) Whenever a community mental health program director,
director of the facility, superintendent of a state hospital or
administrator of a facility is referred to, the reference
includes any designee such person has designated to act on the
person's behalf in the exercise of duties.
SECTION 16. ORS 426.010 is amended to read:
426.010. 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, and the Blue Mountain Recovery Center in Pendleton,
Umatilla County, shall be used as state hospitals for the care
and treatment of { - mentally ill - } persons { + with mental
illness + } who are assigned to the care of such institutions by
the authority or who have previously been committed to such
institutions.
SECTION 17. ORS 426.060 is amended to read:
426.060. (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
{ - mentally ill - } 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
{ - mentally ill - } 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 { - mentally ill - } persons { + with mental
illness + } to suitable facilities or transfer between such
facilities under conditions which the authority may define.
SECTION 18. ORS 426.070 is amended to read:
426.070. (1) Any of the following may initiate commitment
procedures under this section by giving the notice described
under subsection (2) of this section:
(a) Two persons;
(b) The county health officer; or
(c) Any magistrate.
(2) For purposes of subsection (1) of this section, the notice
must comply with the following:
(a) It must be in writing under oath;
(b) It must be given to the community mental health program
director or a designee of the director in the county where the
{ - allegedly mentally ill - } person { + alleged to have a
mental illness + } resides;
(c) It must state that a person within the county other than
the person giving the notice is a { - mentally ill - } person
{ + with mental illness + } and is in need of treatment, care or
custody;
(d) If the commitment proceeding is initiated by two persons
under subsection (1)(a) of this section, it may include a request
that the court notify the two persons:
(A) Of the issuance or nonissuance of a warrant under this
section; or
(B) Of the court's determination under ORS 426.130 (1); and
(e) If the notice contains a request under paragraph (d) of
this subsection, it must also include the addresses of the two
persons making the request.
(3) Upon receipt of a notice under subsections (1) and (2) of
this section or when notified by a circuit court that the court
received notice under ORS 426.234, the community mental health
program director, or designee of the director, shall:
(a) Immediately notify the judge of the court having
jurisdiction for that county under ORS 426.060 of the
notification described in subsections (1) and (2) of this
section.
(b) Immediately notify the Oregon Health Authority if
commitment is proposed because the person appears to be a
{ - mentally ill - } person { + with mental illness + }, as
defined in ORS 426.005 (1)(e)(C). When such notice is received,
the authority may verify, to the extent known by the authority,
whether or not the person meets the criteria described in ORS
426.005 (1)(e)(C)(i) and (ii) and so inform the community mental
health program director or designee of the director.
(c) Initiate an investigation under ORS 426.074 to determine
whether there is probable cause to believe that the person is in
fact a { - mentally ill - } person { + with mental
illness + }.
(4) Upon completion, a recommendation based upon the
investigation report under ORS 426.074 shall be promptly
submitted to the court. If the community mental health program
director determines that probable cause does not exist to believe
that a person released from detention under ORS 426.234 (2)(c) or
(3)(b) is a { - mentally ill - } person { + with mental
illness + }, the community mental health program director shall
not submit a recommendation to the court.
(5) When the court receives notice under subsection (3) of this
section:
(a) If the court, following the investigation, concludes that
there is probable cause to believe that the person investigated
is a { - mentally ill - } person { + with mental illness + },
it shall, through the issuance of a citation as provided in ORS
426.090, cause the person to be brought before it at a time and
place as it may direct, for a hearing under ORS 426.095 to
determine whether the person is { - mentally ill - } { + a
person with mental illness + }. The person shall be given the
opportunity to appear voluntarily at the hearing unless the
person fails to appear or unless the person is detained pursuant
to paragraph (b) of this subsection.
(b)(A) { - The judge may cause the allegedly mentally ill
person to be taken into custody pending the investigation or
hearing by issuing a warrant of detention under this subsection.
A judge may only issue a warrant under this subsection - } If
the court finds that there is probable cause to believe that
failure to take the person into custody { + pending the
investigation or hearing + } would pose serious harm or danger to
the person or to others { + , + } { - . - }
{ - (B) To cause the custody of a person under this
paragraph, the judge must - } { + the court may + } issue a
warrant of detention to the community mental health program
director or designee { - , - } { + or + } the sheriff of the
county or designee { - , - } directing { - that person - }
{ + the director, sheriff or a designee + } to take the
{ - allegedly mentally ill - } person { + alleged to have a
mental illness + } into custody and produce the person at the
time and place stated in the warrant.
{ - (C) - } { + (B) + } At the time the person is taken
into custody, the person shall be informed by the community
mental health program director, the sheriff or a designee of the
following:
(i) The person's rights with regard to representation by or
appointment of counsel as described in ORS 426.100;
(ii) The warning under ORS 426.123; and
(iii) The person's right, if the community mental health
program director, sheriff or designee reasonably suspects that
the person is a foreign national, to communicate with an official
from the consulate of the person's country. A community mental
health program director, sheriff or designee is not civilly or
criminally liable for failure to provide the information required
by this sub-subparagraph. Failure to provide the information
required by this sub-subparagraph does not in itself constitute
grounds for the exclusion of evidence that would otherwise be
admissible in a proceeding.
{ - (D) - } { + (C) + } The court may make any orders for
the care and custody of the person prior to the hearing as it
considers necessary.
(c) If the notice includes a request under subsection (2)(d)(A)
of this section, the court shall notify the two persons of the
issuance or nonissuance of a warrant under this subsection.
SECTION 19. ORS 426.072 is amended to read:
426.072. (1) A hospital or nonhospital facility and a treating
physician must comply with the following when { - an allegedly
mentally ill - } { + 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
{ - person - } { + individual + } authorized under ORS
426.233; or
(c) By a physician under ORS 426.232.
(2) In circumstances described under subsection (1) of this
section, the hospital or nonhospital facility and treating
physician must comply with the following:
(a) The person shall receive the care, custody and treatment
required for mental and physical health and safety;
(b) The treating physician 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 physician. 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 physician shall be notified immediately of any
use of mechanical restraints on the person. Every use of a
mechanical restraint and the reasons therefor shall be made a
part of the clinical record of the person over the signature of
the treating physician; and
(e) The treating physician shall give the person the warning
under ORS 426.123 at times the treating physician determines the
person will reasonably understand the notice. This paragraph only
requires the notice to be given as often as the physician
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.
SECTION 20. ORS 426.074 is amended to read:
426.074. The following is applicable to an investigation
initiated by a community mental health program director, or a
designee of the director, as part of commitment procedures under
ORS 426.070 and 426.228 to 426.235:
(1) If the { - allegedly mentally ill - } person
{ + alleged to have a mental illness + } is held in custody
before the hearing the investigation shall be completed at least
24 hours before the hearing under ORS 426.095, otherwise the
investigation shall comply with the following time schedule:
(a) If the { - allegedly mentally ill - } person can be
located, the investigator shall contact the person within three
judicial days from the date the community mental health program
director or a designee receives a notice under ORS 426.070
alleging that the person { - is mentally ill - } { + has a
mental illness and is in need of treatment + }.
(b) Within 15 days from the date the community mental health
program director or a designee receives a notice under ORS
426.070
{ - alleging that a person is mentally ill - } , one of the
following shall occur:
(A) The investigation shall be completed and submitted to the
court.
(B) An application for extension shall be made to the court
under paragraph (c) of this subsection.
(c) The community mental health program director, a designee or
the investigator may file for an extension of the time under
paragraph (b) of this subsection only if one of the following
occurs:
(A) A treatment option less restrictive than involuntary
in-patient commitment is actively being pursued.
(B) The { - allegedly mentally ill - } person { + alleged
to have a mental illness + } cannot be located.
(d) A court may grant an extension under paragraph (c) of this
subsection for a time and upon the terms and conditions the court
considers appropriate.
(2) This subsection establishes a nonexclusive list of
provisions applicable to the content of the investigation, as
follows:
(a) The investigation conducted should, where appropriate,
include an interview or examination of the { - allegedly
mentally ill - } person { + alleged to have a mental
illness + } in the home of the person or other place familiar to
the person.
(b) Whether or not the { - allegedly mentally ill - } person
consents, the investigation should include interviews with any
{ - persons - } { + individuals + } that the investigator has
probable cause to believe have pertinent information regarding
the investigation. If the { - allegedly mentally ill - }
person objects to the contact with any { - person - } { +
individual + }, the objection shall be noted in the
investigator's report.
(c) The investigator shall be allowed access to physicians,
nurses or social workers and to medical records compiled during
the current involuntary prehearing period of detention to
determine probable cause and to develop alternatives to
commitment. If commitment is proposed because the person appears
to be a { - mentally ill - } person { + with mental
illness + } as defined in ORS 426.005 (1)(e)(C), the investigator
shall be allowed access to medical records necessary to verify
the existence of criteria described in ORS 426.005 (1)(e)(C). The
investigator shall include pertinent parts of the medical record
in the investigation report. Records and communications
described in this paragraph and { + related + } communications
{ - related thereto - } are not privileged under ORS 40.230,
40.235, 40.240 or 40.250.
(3) A copy of the investigation report shall be provided as
soon as possible, but in no event later than 24 hours prior to
the hearing, to the { - allegedly mentally ill - } person and
to { - that - } { + the + } person's counsel. Copies shall
likewise be provided to counsel assisting the court, to the
examiners and to the court for use in questioning witnesses.
SECTION 21. ORS 426.075 is amended to read:
426.075. 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 { - allegedly
mentally ill - } 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 physician.
(2) The court shall appoint examiners under ORS 426.110
sufficiently { - long before - } { + in advance of + } the
hearing so that
{ - they - } { + 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
{ - allegedly mentally ill person relating to - } { + 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
{ - allegedly mentally ill - } 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 physicians who are or have been treating
the { - allegedly mentally ill - } person. Any treating
physician subpoenaed under this subsection shall be subpoenaed as
an expert witness.
SECTION 22. ORS 426.090 is amended to read:
426.090. The judge shall { - cause a citation to - } issue
{ + a citation + } to the { - allegedly mentally ill - }
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 { - mentally
ill - } { + 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.
SECTION 23. ORS 426.095 is amended to read:
426.095. The following is applicable to a commitment hearing
held by a court under ORS 426.070:
(1) The hearing may be held in a hospital, the person's home or
in some other place convenient to the court and the
{ - allegedly mentally ill - } person { + alleged to have a
mental illness + }.
(2) The court shall hold the hearing at the time established
according to the following:
(a) Except as provided by paragraph (b) or (c) of this
subsection, a hearing shall be held five judicial days from the
day a court under ORS 426.070 issues a citation provided under
ORS 426.090.
(b) Except as provided by paragraph (c) of this subsection, if
a person is detained by a warrant of detention under ORS 426.070,
a hearing shall be held within five judicial days of the
commencement of detention.
(c) If requested under this paragraph, the court, for good
cause, may postpone the hearing for not more than five judicial
days in order to allow preparation for the hearing. The court may
make orders for the care and custody of the person during a
postponement as it deems necessary. If a person is detained
before a hearing under ORS 426.070, 426.180, 426.228, 426.232 or
426.233 and the hearing is postponed under this paragraph, the
court, for good cause, may allow the person to be detained during
the postponement if the postponement is requested by the person
or the legal counsel of the person. Any of the following may
request a postponement under this paragraph:
(A) The { - allegedly mentally ill - } person { + alleged
to have a mental illness + }.
(B) The legal counsel or guardian of the { - allegedly
mentally ill - } person.
(C) The { - person - } { + individual + } representing the
state's interest.
(3) The { - allegedly mentally ill - } person { + alleged
to have a mental illness + } and the { - person - } { +
individual + } representing the state's interest shall have the
right to cross-examine all the following:
(a) Witnesses.
(b) The { - person - } { + individual + } conducting the
investigation.
(c) The examining physicians or other qualified
{ - persons - } { + professionals + } recommended by the
Oregon Health Authority who have examined the person.
(4) The provisions of ORS 40.230, 40.235, 40.240 and 40.250
shall not apply to and the court may consider as evidence any of
the following:
(a) Medical records for the current involuntary prehearing
period of detention.
(b) Statements attributed by the maker of the medical records
or the investigation report to witnesses concerning their own
observations in the absence of objection or if such
{ - persons - } { + individuals + } are produced as witnesses
at the hearing available for cross-examination.
(c) The testimony of any treating physicians, nurses or social
workers for the prehearing period of detention. Any treating
physician, nurse or social worker who is subpoenaed as a witness
for the proceeding shall testify as an expert witness under the
provisions of ORS 40.410, 40.415, 40.420 and 40.425 and is
subject to treatment as an expert witness in the payment of
witness fees and costs.
(d) The investigation report prepared under ORS 426.074.
Subject to the following, the investigation report shall be
introduced in evidence:
(A) Introduction of the report under this paragraph does not
require the consent of the { - allegedly mentally ill - }
person { + alleged to have a mental illness + }.
(B) Upon objection by any party to the action, the court shall
exclude any part of the investigation report that may be excluded
under the Oregon Evidence Code on grounds other than those set
forth in ORS 40.230, 40.235, 40.240 or 40.250.
(C) Neither the investigation report nor any part thereof shall
be introduced into evidence under this paragraph unless the
investigator is present during the proceeding to be
cross-examined or unless the presence of the investigator is
waived by the
{ - allegedly mentally ill - } person { + alleged to have a
mental illness + } or counsel for the { - allegedly mentally
ill - } person.
SECTION 24. ORS 426.100 is amended to read:
426.100. (1) At the time the { - allegedly mentally ill - }
person { + alleged to have a mental illness + } is brought
before the court, the court shall advise the person of the
following:
(a) The reason for being brought before the court;
(b) The nature of the proceedings;
(c) The possible results of the proceedings;
(d) The right to subpoena witnesses; and
(e) The person's rights regarding representation by or
appointment of counsel.
(2) Subsection (3) of this section establishes the rights of
{ - allegedly mentally ill - } persons { + alleged to have a
mental illness + } in each of the following circumstances:
(a) When the person is held by warrant of detention issued
under ORS 426.070.
(b) In commitment hearings under ORS 426.095.
(c) When the person is detained as provided under ORS 426.228,
426.232 or 426.233.
(d) In recommitment hearings under ORS 426.307.
(3) When provided under subsection (2) of this section,
{ - an allegedly mentally ill - } { + a + } person
{ + alleged to have a mental illness + } has the following
rights relating to representation by or appointment of counsel:
(a) The right to obtain suitable legal counsel possessing
skills and experience commensurate with the nature of the
allegations and complexity of the case during the proceedings.
(b) If the person is determined to be financially eligible for
appointed counsel at state expense, the court will appoint legal
counsel to represent the person. If { - a person is
appointed - } counsel { + is appointed + } at state expense,
payment of expenses and compensation relating to legal counsel
shall be made as provided under ORS 426.250.
(c) If the { - allegedly mentally ill - } person
{ + alleged to have a mental illness + } does not request legal
counsel, the legal guardian, relative or friend may request the
assistance of suitable legal counsel on behalf of the person.
(d) If no request for legal counsel is made, the court shall
appoint suitable legal counsel unless counsel is expressly,
knowingly and intelligently refused by the person.
(e) If the person is being involuntarily detained before a
hearing on the issue of commitment, the right under paragraph (a)
of this subsection to contact an attorney or under paragraph (b)
of this subsection to have an attorney appointed may be exercised
as soon as reasonably possible.
(f) In all cases suitable legal counsel shall be present at the
hearing and may be present at examination and may examine all
witnesses offering testimony, and otherwise represent the person.
(4) The responsibility for representing the state's interest in
commitment proceedings, including, but not limited to,
preparation of the state's case and appearances at commitment
hearings is as follows:
(a) The Attorney General's office shall have the responsibility
relating to proceedings initiated by state hospital staff that
are any of the following:
(A) Recommitment proceedings under ORS 426.307; or
(B) Proceedings under ORS 426.228, 426.232 or 426.233.
(b) The district attorney if requested to do so by the
governing body of the county.
(c) In lieu of the district attorney under paragraph (b) of
this subsection, a counsel designated by the governing body of a
county shall take the responsibility. A county governing body may
designate counsel to take responsibility under this paragraph
either for single proceedings or for all such proceedings the
county will be obligated to pay for under ORS 426.250. If a
county governing body elects to proceed under this paragraph, the
county governing body shall so notify the district attorney. The
expenses of an attorney appointed under this paragraph shall be
paid as provided under ORS 426.250.
SECTION 25. ORS 426.110 is amended to read:
426.110. The following requirements relating to the appointment
of examiners for purposes of a hearing under ORS 426.095 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
{ - allegedly mentally ill - } person { + alleged to have a
mental illness + } or the attorney for the { - allegedly
mentally ill - } person.
(2) To be qualified for purposes of this section, an examiner
must { - meet all of the following qualifications - } :
(a) { - The person must - } Agree to be an examiner.
(b) { - The person must - } 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 by rule.
(B) Certified as a mental health examiner qualified to make
examinations for involuntary commitment proceedings by the
authority.
{ + (3) + } The authority may establish, by rule,
requirements for certification as a mental health examiner for
purposes of { - this subparagraph - } { + subsection
(2)(b)(B) of this section + }.
{ - (3) - } { + (4) + } The cost of examiners under this
section shall be paid as provided under ORS 426.250.
SECTION 26. ORS 426.120 is amended to read:
426.120. (1) { - Persons - } { + Examiners + } appointed
under ORS 426.110
{ - to conduct the examination - } shall do 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; and
(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 { - examining persons - } { + examiners + }
find, and show by their reports, that the person examined is a
{ - mentally ill - } 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 { - mentally ill - } 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 physicians, 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 { - related
thereto - } are not privileged under ORS 40.230, 40.235, 40.240
or 40.250.
SECTION 27. ORS 426.123 is amended to read:
426.123. (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 { - mentally
ill - } 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.
SECTION 28. ORS 426.125 is amended to read:
426.125. 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 { - mentally ill - } person { +
with mental illness + }.
(b) The { - person - } { + legal guardian, relative or
friend + } requesting the conditional release requests to be
allowed to care for the { - mentally ill - } person during the
period of commitment in a place satisfactory to the judge.
(c) The { - person - } { + 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 { - mentally ill - } person.
(B) That there are adequate financial resources available for
the care of the { - mentally ill - } person.
(2) If the court determines to allow conditional release, the
court shall order that the { - mentally ill - } 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.
SECTION 29. ORS 426.127 is amended to read:
426.127. 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 { - shall
be set at the time of the hearing under ORS 426.095 by the
community mental health program director, or a designee for the
director, for the county in which the hearing takes place - } .
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
{ - persons - } { + 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.
SECTION 30. ORS 426.130 is amended to read:
426.130. (1) After hearing all of the evidence, and reviewing
the findings of the { - examining persons - } { +
examiners + }, the court shall determine whether the person
{ - is mentally ill - } { + has a mental illness and is in
need of treatment + }. If, in the opinion of the court, the
person { - is - } :
(a) { - Not mentally ill - } { + Does not have a mental
illness + }, the person shall be discharged forthwith.
(b) { - Mentally ill - } { + Is a person with mental
illness + } based upon clear and convincing evidence, the court:
(A) Shall order the release of the { - individual - }
{ + person + } and dismiss the case if:
(i) The { - mentally ill - } person is willing and able to
participate in treatment on a voluntary basis; and
(ii) The court finds that the person will probably do so.
(B) May order conditional release under this subparagraph
subject to the qualifications and requirements under ORS 426.125.
If the court orders conditional release under this subparagraph,
the court shall establish a period of commitment for the
conditional release.
(C) May order commitment of the { - individual - } { +
person with mental illness + } to the Oregon Health Authority for
treatment if, in the opinion of the court, subparagraph (A) or
(B) of this paragraph is not in the best interest of the
{ - mentally ill - } person. If the court orders commitment
under this subparagraph:
(i) The court shall establish a period of commitment.
(ii) The authority may place the committed person in outpatient
commitment under ORS 426.127.
(D) Shall order that the person be prohibited from purchasing
or possessing a firearm if, in the opinion of the court, there is
a reasonable likelihood the person would constitute a danger to
self or others or to the community at large as a result of the
person's mental or psychological state as demonstrated by past
behavior or participation in incidents involving unlawful
violence or threats of unlawful violence, or by reason of a
single incident of extreme, violent, unlawful conduct. When a
court makes an order under this subparagraph, the court shall
cause a copy of the order to be delivered to the sheriff of the
county who will enter the information into the Law Enforcement
Data System.
(2) A court that orders a conditional release or a commitment
under this section shall establish a period of commitment for the
person subject to the order. Any period of commitment ordered for
commitment or conditional release under this section shall be for
a period of time not to exceed 180 days.
(3) If the commitment proceeding was initiated under ORS
426.070 (1)(a) and if the notice included a request under ORS
426.070 (2)(d)(B), the court shall notify the two persons of the
court's determination under subsection (1) of this section.
SECTION 31. ORS 426.135 is amended to read:
426.135. If a person determined to be { - mentally ill - }
{ + a person with mental illness + } as provided in ORS 426.130
appeals the determination or { + the + } disposition { - based
thereon - } , 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 public defense services executive
director 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.
SECTION 32. ORS 426.140 is amended to read:
426.140. (1) { - No - } { + A + } person, { - not - }
{ + other than a person + } incarcerated upon a criminal
charge, who has been adjudged { + to be + } a
{ - mentally ill - } person { + with mental illness + } or
{ - one - } against whom commitment proceedings have been
instituted { - shall - } { + 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) { - No allegedly mentally ill - } { + A + } person
{ + alleged to have a mental illness + } who has been taken into
custody { - shall - } { + may not + } be confined, either
before or after the commitment hearing, without an attendant in
direct charge of the person { - ; and, if - } { + . + } { +
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 { - some suitable person - }
{ + 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.
SECTION 33. ORS 426.150 is amended to read:
426.150. (1) Upon receipt of the order of commitment, the
Oregon Health Authority or its designee shall take the
{ - mentally ill - } person { + with mental illness + } into
its custody, and { - insure - } { + ensure + } the
safekeeping and proper care of the person until
{ - delivery is made - } { + the person is delivered + } to
an assigned treatment facility or { - its - } { + to a + }
representative { + of the assigned treatment facility + }. The
representative of the { - treating facility to which the person
has been - } assigned { + treatment facility + }, accompanied
by any assistants the authority or its designee may deem
necessary, shall proceed to the place where the person is
{ - to be delivered into - } { + in + } custody, and upon
demand shall be given custody of the { - mentally ill - }
person, together with the certified record required by ORS
426.170. The representative shall issue appropriate receipts
{ - therefor - } and immediately { - proceed to - } transport
the { - committed mentally ill - } person safely to the
{ - facility to which the person has been assigned by the
authority - } { + assigned treatment facility + } and
{ - there make delivery of - } { + 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
{ - person - } { + authorized individual + }.
(2) The committing judge, upon approval of the examining
physicians or other qualified { - persons - } { +
professionals + } as recommended by the authority and upon
request of a { + legal + } guardian, friend or relative of the
{ - mentally ill - } person { + with mental illness + }, may
authorize the { + legal + } guardian, friend or relative to
transport the person to the { - designated - } { +
assigned + } facility when the committing judge determines that
means of transportation would not be detrimental to the welfare
of the { - mentally ill - } person or to the public.
SECTION 34. ORS 426.155 is amended to read:
426.155. (1) The provisions of this section apply to the
release of information about a person who is held in custody
either pending a commitment proceeding under ORS 426.070,
426.140, 426.228, 426.232, 426.233 or 426.237 (1)(b) or while
committed or recommitted under ORS 426.005 to 426.390.
(2) Notwithstanding the provisions of ORS 179.495, 179.505 or
192.502 (2) and notwithstanding any other provision of ORS
426.005 to 426.390, a facility or nonhospital facility where a
person is held shall establish procedures for releasing
information as required under subsections (3) and (4) of this
section.
(3)(a) If a person described in subsection (1) of this section
authorizes disclosure as provided in subsection (5) of this
section, upon request of a member of the family of the person, or
any other { - person designated by - } { + designee of + }
the person, a facility or nonhospital facility where the person
is held shall provide the family member or the designee with the
following information:
(A) The person's diagnosis;
(B) The person's prognosis;
(C) The medications prescribed for the person and the side
effects of medications prescribed, if any;
(D) The person's progress;
(E) Information about any civil commitment process, including
the date, time and location of the person's commitment hearing;
and
(F) Where and when the person may be visited.
(b) If a request for information is made under this subsection
and the person { - described in subsection (1) of this
section - } is unable to authorize disclosure as provided in
subsection (5) of this section, the { - person requesting
information - } { + requester + } shall be provided notice of
the presence of the person { - described in subsection (1) of
this section - } in any facility or nonhospital facility.
Information shall not be provided under this paragraph if the
physician of the person
{ - described in subsection (1) of this section - } determines
that it would not be in the person's best interest to provide the
information or if providing the information is prohibited by
federal law.
(4) Upon the admission of any person to a facility or
nonhospital facility under ORS 426.005 to 426.390, the facility
or nonhospital facility shall make reasonable attempts to notify
the person's next of kin, or any other { - person designated
by - } { + designee of + } the person, of the person's
admission, unless the person requests that this information not
be provided. The facility or nonhospital facility shall make
reasonable attempts to notify the person's next of kin, or any
other { - person designated by - } { + designee of + } the
person, of the person's release, transfer, serious illness,
injury or death upon request of the family member or designee,
unless the person requests that this information not be provided.
The person shall be advised by the facility or nonhospital
facility that the person has the right to request that this
information not be provided.
(5) The person who is held in custody shall be notified by the
facility or nonhospital facility that information about the
person has been requested. Except as provided in subsection (3)
of this section, the consent of the person who is held is
required for release of information under subsections (3) and (4)
of this section. If, when initially informed of the request for
information, the person is unable to give voluntary and informed
consent to authorize the release of information, notation of the
attempt shall be made in the person's treatment record and daily
efforts shall be made to secure the person's consent or refusal
of authorization.
(6) Notwithstanding any other provision of this section, an
individual eligible to receive information under subsection (3)
of this section may not receive information unless the individual
first agrees to make no further disclosure of the information.
The agreement may be made orally.
(7) A facility or nonhospital facility that releases
information under subsection (3) or (4) of this section shall:
(a) Notify the person who is held to whom, when and what
information was released; and
(b) Note in the medical record of the person who is held:
(A) The basis for finding that the person gave voluntary and
informed consent;
(B) The oral or written consent of the person who is held;
(C) To whom, when and what information was released;
(D) The agreement to the requirements of subsection (6) of this
section by the { - person who requested information - } { +
requester + }; and
(E) Any determination made by the person's physician under
subsection (3)(b) of this section regarding the provision of
notice of the presence of the person in any facility or
nonhospital facility.
(8) A facility or nonhospital facility, including the staff of
such facilities and nonhospital facilities, that releases
information under this section or rules adopted under ORS 426.236
may not be held civilly or criminally liable for damages caused
or alleged to be caused by the release of information or the
failure to release information as long as the release was done in
good faith and in compliance with subsections (3) and (4) of this
section or rules adopted under ORS 426.236.
(9) The provisions of subsections (3) and (4) of this section
do not limit the ability or obligation of facilities, nonhospital
facilities, physicians, mental health care providers or licensed
mental health professionals to provide information as otherwise
allowed or required by law.
SECTION 35. ORS 426.160 is amended to read:
426.160. (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 and
426.395 may not disclose any part of the record of the proceeding
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 181.740, to the Department of State
Police for persons described in ORS 181.740 (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 { - allegedly
mentally ill - } person { + subject to the proceeding + }.
SECTION 36. ORS 426.170 is amended to read:
426.170. If any person is adjudged { - mentally ill - } { +
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 health officer of the county, or to the
sheriff, for delivery to the director of the facility to which
such { - mentally ill - } person is assigned. The record shall
include the name, residence, nativity, sex and age of { - such
mentally ill - } { + the + } person and all other information
that may be required by the rules and regulations promulgated by
the authority.
SECTION 37. ORS 426.223 is amended to read:
426.223. In retaking custody of a { - mentally ill - }
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
{ - an allegedly mentally ill - } { + 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 { - person - } { + authorized individual + }.
SECTION 38. ORS 426.228 is amended to read:
426.228. (1) A peace officer may take into custody a person who
the officer has probable cause to believe is dangerous to self or
to any other person and is in need of immediate care, custody or
treatment for mental illness. As directed by the community mental
health program director, a peace officer shall remove a person
taken into custody under this section to the nearest hospital or
nonhospital facility approved by the Oregon Health Authority. The
officer shall prepare a written report and deliver it to the
treating physician. The report shall state:
(a) The reason for custody;
(b) The date, time and place the person was taken into custody;
and
(c) The name of the community mental health program director
and a telephone number where the director may be reached at all
times.
(2) A peace officer shall take a person into custody when the
community mental health program director, pursuant to ORS
426.233, notifies the peace officer that the director has
probable cause to believe that the person is imminently dangerous
to self or to any other person. As directed by the community
mental health program director, the peace officer shall remove
the person to a hospital or nonhospital facility approved by the
authority. The community mental health program director shall
prepare a written report that the peace officer shall deliver to
the treating physician. The report shall state:
(a) The reason for custody;
(b) The date, time and place the person was taken into custody;
and
(c) The name of the community mental health program director
and a telephone number where the director may be reached at all
times.
(3) If more than one hour will be required to transport the
person to the hospital or nonhospital facility from the location
where the person was taken into custody, the peace officer shall
obtain, if possible, a certificate from a physician licensed by
the Oregon Medical Board stating that the travel will not be
detrimental to the person's physical health and that the person
is dangerous to self or to any other person and is in need of
immediate care or treatment for mental illness. The physician
shall have personally examined the { - allegedly mentally
ill - } person within 24 hours prior to signing the certificate.
(4) When a peace officer or other authorized { - person - }
{ + individual + }, acting under this section, delivers a
person to a hospital or nonhospital facility, a physician
licensed by the Oregon Medical Board shall examine the person
immediately. If the physician finds the person to be in need of
emergency care or treatment for mental illness, the physician
shall proceed under ORS 426.232, otherwise the person shall not
be retained in custody. If the person is to be released from
custody, the peace officer or the community mental health program
director shall return the person to the place where the person
was taken into custody unless the person declines that service.
(5) A peace officer may transfer a person in custody under this
section to the custody of { - a person - } { + an
individual + } authorized by the county governing body under ORS
426.233 (3). The peace officer may meet the authorized
{ - person - } { + individual + } at any location that is in
accordance with ORS 426.140 to effect the transfer. When
transferring a person in custody to an authorized
{ - person - } { + individual + }, the peace officer shall
deliver the report required under subsections (1) and (2) of this
section to the authorized { - person - } { + individual + }.
(6) { - A person - } { + An individual + } authorized under
ORS 426.233 (3) shall take a person into custody when directed to
do so by a peace officer or by a community mental health program
director under ORS 426.233.
(7) { - A person - } { + An individual + } authorized under
ORS 426.233 (3) shall perform the duties of the peace officer or
the community mental health program director required by this
section and ORS 426.233 if the peace officer or the director has
not already done so.
(8) { - A person - } { + An individual + } authorized under
ORS 426.233 (3) may transfer a person in custody under this
section to the custody of another { - person - } { +
individual + } authorized under ORS 426.233 (3) or a peace
officer. The { - authorized person - } { + individual + }
transferring custody may meet another authorized { - person - }
{ + individual + } or a peace officer at any location that is
in accordance with ORS 426.140 to effect the transfer.
(9)(a) When a peace officer takes a person into custody under
this section, and the peace officer reasonably suspects that the
person is a foreign national, the peace officer shall inform the
person of the person's right to communicate with an official from
the consulate of the person's country.
(b) A peace officer is not civilly or criminally liable for
failure to provide the information required by this subsection.
Failure to provide the information required by this subsection
does not in itself constitute grounds for the exclusion of
evidence that would otherwise be admissible in a proceeding.
SECTION 39. ORS 426.231 is amended to read:
426.231. (1) A physician licensed by the Oregon Medical Board
may hold a person for transportation to a treatment facility for
up to 12 hours in a health care facility licensed under ORS
chapter { - 431 - } { + 441 + } and approved by the Oregon
Health Authority if:
(a) The physician 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 physician is not related to the person by blood or
marriage; and
(c) An admitting physician at the receiving facility consents
to the transporting.
(2) Before transporting the person, the physician shall prepare
a written statement that:
(a) The physician has examined the person within the preceding
12 hours;
(b) An admitting physician at the receiving facility has
consented to the transporting of the person for examination and
admission if appropriate; and
(c) The physician 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, { - a person - } { + 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.
SECTION 40. ORS 426.232 is amended to read:
426.232. (1) { - When - } { + If + } a physician licensed
to practice medicine by the Oregon Medical Board believes a
person who is brought to a hospital or nonhospital facility by a
peace officer under ORS 426.228 { - , a person - } { + 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,
the physician may do one of the following:
(a) After consulting with a physician or a qualified mental
health professional, as defined by rule of the Oregon Health
Authority, 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 physician has admitting
privileges or is on staff. Neither the physician nor the
qualified mental health professional may be related by blood or
marriage to the person.
(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 physician 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.
SECTION 41. ORS 426.233 is amended to read:
426.233. (1)(a) A community mental health program director
operating under ORS 430.610 to 430.695 or a designee
{ - thereof - } { + of the director + }, under authorization
of a county governing body, may take one of the actions listed in
paragraph (b) of this subsection when the community mental health
program director or designee has probable cause to believe a
person:
(A) Is dangerous to self or to any other person and is in need
of immediate care, custody or treatment for mental illness; or
(B)(i) Is a { - mentally ill - } person { + with mental
illness + } placed on conditional release under ORS 426.125,
outpatient commitment under ORS 426.127 or trial visit under ORS
426.273; and
(ii) Is dangerous to self or to any other person or is unable
to provide for basic personal needs and is not receiving the care
that is necessary for health and safety and is in need of
immediate care, custody or treatment for mental illness.
(b) The community mental health program director or designee
under the circumstances set out in paragraph (a) of this
subsection may:
(A) Notify a peace officer to take the person into custody and
direct the officer to remove the person to a hospital or
nonhospital facility approved by the Oregon Health Authority;
(B) Authorize involuntary admission of, or, if already
admitted, cause to be involuntarily retained in a nonhospital
facility approved by the authority, a person approved for care or
treatment at a nonhospital facility by a physician under ORS
426.232;
(C) Notify { - a person - } { + an individual + }
authorized under subsection (3) of this section to take the
person into custody and direct the authorized { - person - }
{ + individual + } to remove the person in custody to a
hospital or nonhospital facility approved by the authority;
(D) Direct { - a person - } { + an individual + }
authorized under subsection (3) of this section to transport a
person in custody from a hospital or a nonhospital facility
approved by the authority to another hospital or nonhospital
facility approved by the authority as provided under ORS 426.235;
or
(E) Direct { - a person - } { + an individual + }
authorized under subsection (3) of this section to transport a
person in custody from a facility approved by the authority to
another facility approved by the authority as provided under ORS
426.060.
(2) A designee under subsection (1) of this section must be
recommended by the community mental health program director, meet
the standards established by rule of the authority and be
approved by the county governing body before assuming the
authority permitted under subsection (1) of this section.
(3) The county governing body may, upon recommendation by the
community mental health program director, authorize any
{ - person - } { + individual + } to provide custody and
secure transportation services for a person in custody under ORS
426.228. In authorizing { - a person - } { + an
individual + } under this subsection, the county governing body
shall grant the { - person - } { + individual + } the
authority to do the following:
(a) Accept custody from a peace officer of a person in custody
under ORS 426.228;
(b) Take custody of a person upon notification by the community
mental health program director under the provisions of this
section;
(c) Remove a person in custody to an approved hospital or
nonhospital facility as directed by the community mental health
program director;
(d) Transfer a person in custody to another { - person - }
{ + individual + } authorized under this subsection or a peace
officer;
(e) Transfer a person in custody from a hospital or nonhospital
facility to another hospital facility or nonhospital facility
when directed to do so by the community mental health program
director; and
(f) Retain a person in custody at the approved hospital or
nonhospital facility until a physician makes a determination
under ORS 426.232.
(4) { - A person - } { + An individual + } authorized under
subsection (3) of this section must be recommended by the
community mental health program director, meet the standards
established by rule of the authority and be approved by the
governing body before assuming the authority granted under this
section.
(5) The costs of transporting a person { - as authorized - }
under ORS 426.060, 426.228 or 426.235 by { - a person - } { +
an individual + } authorized under subsection (3) of this section
shall be the responsibility of the county whose peace officer or
community mental health program director directs the authorized
{ - person - } { + individual + } to take custody of a person
and to transport the person to a facility approved by the
authority, but the county shall not be responsible for costs that
exceed the amount provided by the state for that transportation.
{ - A person - } { + An individual + } authorized to act under
subsection (3) of this section shall charge the cost of emergency
medical transportation to, and collect that cost from, the
person, third party payers { - or otherwise legally responsible
persons or agencies - } { + or other legally or financially
responsible individuals or entities + } in the same manner that
costs for the transportation of other persons are charged and
collected.
SECTION 42. ORS 426.234 is amended to read:
426.234. (1) At the time a person { + alleged to have a mental
illness + } is admitted to or retained in a hospital or
nonhospital facility under ORS 426.232 or 426.233, a physician,
nurse or qualified mental health professional at the hospital or
nonhospital facility shall:
(a) Inform the person of the person's right to representation
by or appointment of counsel as described in ORS 426.100;
(b) Give the person the warning under ORS 426.123;
(c) Immediately examine the { - allegedly mentally ill - }
person;
(d) Set forth, in writing, the condition of the person and the
need for emergency care or treatment; and
(e) If the physician, nurse or qualified mental health
professional reasonably suspects that the person is a foreign
national, inform the person of the person's right to communicate
with an official from the consulate of the person's country. A
physician, nurse or qualified mental health professional is not
civilly or criminally liable for failure to provide the
information required by this paragraph. Failure to provide the
information required by this paragraph does not in itself
constitute grounds for the exclusion of evidence that would
otherwise be admissible in a proceeding.
(2)(a) At the time the person is admitted to or retained in a
hospital under ORS 426.232, the physician shall contact the
community mental health program director of the county in which
the person resides, if the county of residence is different from
the county in which the hospital is located. The community mental
health program director may request that the physician notify the
circuit court in the county in which the person resides. If the
community mental health program director does not make the
request
{ - authorized by this paragraph - } , the physician shall
notify, immediately and in writing, the circuit court in the
county in which the person is hospitalized.
(b) At the time the person is admitted to a hospital under ORS
426.232 after being brought to the hospital by a peace officer
under ORS 426.228, the physician shall contact the community
mental health program director of the county in which the person
is hospitalized. The community mental health program director of
the county in which the person is hospitalized may request that
the physician notify the circuit court in the county in which the
person is hospitalized. If the community mental health program
director does not make the request { - authorized by this
paragraph - } , the physician shall notify, immediately and in
writing, the circuit court in the county in which the person was
taken into custody.
(c) If, at any time prior to the hearing under ORS 426.070 to
426.130, the physician responsible for a person admitted or
retained under ORS 426.232 determines that the person is not
dangerous to self or { - others - } { + to any other
person + } and is not in need of emergency care or treatment for
mental illness, the physician may release the person from the
detention authorized by ORS 426.232. The physician shall
immediately notify the circuit court notified under this
subsection and the community mental health program director of
the person's release from detention.
(3)(a) At the time the person is admitted to or retained in a
nonhospital facility under ORS 426.233, the community mental
health program director in the county where the person was taken
into custody shall contact the community mental health program
director of the county in which the person resides, if the county
of residence is different from the county in which the person was
taken into custody. The community mental health program director
of the county in which the person resides may request that the
community mental health program director of the county in which
the person was taken into custody notify the circuit court in the
county where the person resides. Otherwise, the community mental
health program director of the county in which the person was
taken into custody shall notify, immediately and in writing, the
circuit court in the county in which the person was taken into
custody.
(b) If, at any time prior to the hearing under ORS 426.070 to
426.130, a community mental health program director, after
consultation with a physician, determines that a person admitted
or retained under ORS 426.233 is not dangerous to self or
{ - others - } { + to any other person + } and is not in need
of immediate care, custody or treatment for mental illness, the
community mental health program director may release the person
from detention. The community mental health program director
shall immediately notify the circuit court originally notified
under paragraph (a) of this subsection of the person's release
from detention.
(4) When the judge of the circuit court receives notice under
subsection (2) or (3) of this section, the judge immediately
shall commence proceedings under ORS 426.070 to 426.130. In a
county having a population of 100,000 or more, and when feasible
in a county with a lesser population, the community mental health
program director or designee who directs the peace officer or
other authorized { - person - } { + individual + } to take a
person into custody under ORS 426.233 shall not also conduct the
investigation as provided for under ORS 426.074. Except when a
person is being held under ORS 426.237 (1)(b), a person shall not
be held under ORS 426.232 or 426.233 for more than five judicial
days without a hearing being held under ORS 426.070 to 426.130.
(5) When the judge of the circuit court receives notice under
subsection (2)(c) or (3)(b) of this section that a person has
been released, and unless the court receives the recommendation
required by ORS 426.070 (4), the judge shall dismiss the case no
later than 14 days after the date the person was initially
detained.
SECTION 43. ORS 426.235 is amended to read:
426.235. (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 treating physician 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 physician 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
{ - person - } { + 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.
SECTION 44. ORS 426.237 is amended to read:
426.237. (1) During a prehearing period of detention as
provided in ORS 426.070, 426.140, 426.232 or 426.233, the
community mental health program director shall do one of the
following:
(a) Recommend, in an investigation report as provided in ORS
426.074, that the circuit court not proceed further in the matter
if the community mental health program director does not believe
the person is a { - mentally ill - } person { + with mental
illness + }.
(b) No later than three judicial days after initiation of a
prehearing period of detention as provided in ORS 426.070,
426.140, 426.232 or 426.233, certify the detained person for a
14-day period of intensive treatment if:
(A) The community mental health program director and a
psychiatrist, as defined by rule by the Oregon Health Authority,
have probable cause to believe the person is a { - mentally
ill - } person { + with mental illness + };
(B) The community mental health program director in the county
where the person resides verbally approves the arrangements for
payment for the services at the hospital or nonhospital facility;
and
(C) The community mental health program director locates a
hospital or nonhospital facility that:
(i) Is approved by the authority and the community mental
health program director in the county where the person resides;
and
(ii) Can, in the opinion of the community mental health program
director and the psychiatrist, provide intensive care or
treatment for mental illness necessary and sufficient to meet the
emergency psychiatric needs of the person.
(c) Recommend, in an investigation report as provided in ORS
426.074, that the circuit court hold a hearing under ORS 426.070
to 426.130 if the community mental health program director has
probable cause to believe the person is a { - mentally ill - }
person { + with mental illness + }.
(2)(a) If the circuit court adopts the recommendation of the
community mental health program director under subsection (1)(a)
of this section, the circuit court shall enter an order releasing
the person and dismissing the case. Unless the person agrees to
voluntary treatment, if the person is being detained in a:
(A) Nonhospital facility, the community mental health program
director shall make discharge plans and { - insure - }
{ + ensure + } the discharge of the person.
(B) Hospital, the treating physician shall make discharge plans
and discharge the person.
(b) Upon release of the person, the community mental health
program director shall attempt to notify the person's next of kin
if the person consents to the notification.
(3)(a) If the detained person is certified for treatment under
subsection (1)(b) of this section, the community mental health
program director shall:
(A) Deliver immediately a certificate to the court having
jurisdiction under ORS 426.060; and
(B) Orally inform the person of the certification and deliver a
copy of the certificate to the person.
(b) The certificate required by paragraph (a) of this
subsection shall include:
(A) A written statement under oath by the community mental
health program director and the psychiatrist that they have
probable cause to believe the person is a { - mentally ill - }
person { + with mental illness + } in need of care or treatment
for mental illness;
(B) A treatment plan that describes, in general terms, the
types of treatment and medication to be provided to the person
during the 14-day period of intensive treatment;
(C) A notice of the person's right to an attorney and that an
attorney will be appointed by the court or as otherwise obtained
under ORS 426.100 (3);
(D) A notice that the person has a right to request and be
provided a hearing under ORS 426.070 to 426.130 at any time
during the 14-day period; and
(E) The date and time the copy of the certificate was delivered
to the person.
(c) Immediately upon receipt of a certificate under paragraph
(a) of this subsection, the court shall notify the person's
attorney or appoint an attorney for the person if the person
cannot afford one. Within 24 hours of the time the certificate is
delivered to the court, the person's attorney shall review the
certificate with the person. If the person and the person's
attorney consent to the certification within one judicial day of
the time the certificate is delivered to the circuit court and,
except as provided in subsection (4) of this section, the court
shall postpone the hearing required by ORS 426.070 to 426.130 for
14 days.
(d) When a person is certified for treatment under subsection
(1)(b) of this section and accepts the certification:
(A) Except as otherwise provided in this paragraph, all methods
of treatment, including the prescription and administration of
drugs, shall be the sole responsibility of the treating
physician. 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.
(B) Except when the person expressly refuses treatment, the
treating physician shall treat the person within the scope of the
treatment plan provided the person under paragraph (b) of this
subsection. The person's refusal of treatment constitutes
sufficient grounds for the community mental health program
director to request a hearing as provided in subsection (4)(a) of
this section.
(C) If the person is in a hospital and the community mental
health program director locates a nonhospital facility, approved
by the authority, that, in the opinion of the community mental
health program director and the treating physician, can provide
care or treatment for mental illness necessary and sufficient to
meet the emergency psychiatric needs of the person, the treating
physician shall discharge the person from the hospital and the
community mental health program director shall remove the person
to the nonhospital facility for the remainder of the 14-day
intensive treatment period. If, however, in the opinion of the
treating physician, the person's condition requires the person to
receive medical care or treatment, the physician shall retain the
person in the hospital.
(D) If the person is in a nonhospital facility, the community
mental health program director shall transfer the person to a
hospital approved by the authority under the following
conditions:
(i) If, in the opinion of a physician, the person's condition
requires the person to receive medical care or treatment in a
hospital; and
(ii) The physician agrees to admit the person to a hospital,
approved by the authority, where the physician has admitting
privileges.
(E) If the person is transferred as provided in subparagraph
(C) or (D) of this paragraph, the community mental health program
director shall notify the circuit court, in the county where the
certificate was filed, of the location of the person. The person
may appeal the transfer as provided by rules of the authority.
(e) If the person is in a hospital, the treating physician may
discharge the person at any time during the 14-day period. The
treating physician shall confer with the community mental health
program director and the person's next of kin, if the person
consents to the consultation, prior to discharging the person.
Immediately upon discharge of the person, the treating physician
shall notify the court in the county in which the certificate was
filed initially.
(f) If the person is in a nonhospital facility, the community
mental health program director may discharge the person at any
time during the 14-day period. The community mental health
program director shall consult with the treating physician and
the person's next of kin, if the person consents to the
consultation, prior to discharging the person. Immediately upon
discharge of the person, the community mental health program
director shall notify the court in the county in which the
certificate was filed initially.
(g) The person may agree to voluntary treatment at any time
during the 14-day period. When a person agrees to voluntary
treatment under this paragraph, the community mental health
program director immediately shall notify the court in the county
in which the certificate was filed initially.
(h) A person consenting to 14 days of treatment under
subsection (3)(c) of this section shall not be held longer than
14 days from the time of consenting without a hearing as provided
in ORS 426.070 to 426.130.
(i) When the court receives notification under paragraph (e),
(f) or (g) of this subsection, the court shall dismiss the case.
(4) The judge of the circuit court shall immediately commence
proceedings under ORS 426.070 to 426.130 when:
(a) The person consenting to 14 days of treatment or the
community mental health program director requests a hearing. The
hearing shall be held without unreasonable delay. In no case
shall the person be held in a hospital or nonhospital facility
longer than five judicial days after the request for a hearing is
made without a hearing being held under ORS 426.070 to 426.130.
(b) The community mental health program director acts under
subsection (1)(c) of this section. In no case shall the person be
held longer than five judicial days without a hearing under this
subsection.
SECTION 45. ORS 426.241 is amended to read:
426.241. (1) The cost of emergency psychiatric care, custody
and treatment related to or resulting from such psychiatric
condition, provided by a hospital or other facility approved by
the Oregon Health Authority and the community mental health
program director of the county in which the facility is located,
except a state { - mental - } hospital, for { - an allegedly
mentally ill - } { + a + } person { + alleged to have a mental
illness who is + } admitted or detained under ORS 426.070,
426.140, 426.228, 426.232 or 426.233, or for a { - mentally
ill - } person { + with mental illness who is + } admitted or
detained under ORS 426.150, 426.223, 426.273, 426.275 or 426.292,
shall be paid by the county of which the person is a resident
from state funds provided { - it - } { + to the county + }
for this purpose. The county is responsible for the cost when
state funds
{ - available therefor - } { + provided to the county + } are
exhausted. The hospital or other facility shall charge to and
collect from the person, third party payers or other
{ - persons or agencies otherwise legally responsible
therefor, - } { + legally or financially responsible
individuals or entities + } the costs of the emergency care,
custody and treatment, as it would for any other patient, and any
funds received shall be applied as an offset to the cost of the
services provided under this section.
(2) If any person is admitted to or detained in a state
{ - mental - } hospital under ORS 426.070, 426.140, 426.180 to
426.210, 426.228, 426.232 or 426.233 for emergency care, custody
or treatment, the authority shall charge to and collect from the
person, third party payers or other { - persons or agencies
otherwise legally responsible therefor, - } { + legally or
financially responsible individuals or entities + } the costs as
it would for other patients of the state { - mental - }
hospitals under the provisions of ORS 179.610 to 179.770.
(3) If any person is adjudged { - mentally ill - } { + to
have a mental illness + } under the provisions of ORS 426.130,
and the person receives care and treatment in a state
{ - mental - } hospital, the person, third party payers or
other { - persons or agencies otherwise legally responsible
therefor, - } { + legally or financially responsible
individuals or entities + } shall be required to pay for the
costs of the hospitalization at the state hospital, as provided
by ORS 179.610 to 179.770, if financially able to do so.
(4) For purposes of this section and ORS 426.310 { + , + } '
resident' means resident of the county in which the person
maintains a current mailing address or, if the person does not
maintain a current mailing address within the state, the county
in which the person is found, or the county in which a
court-committed { - mentally ill - } person has been
conditionally released.
(5)(a) The authority may deny payment for part or all of the
emergency psychiatric services provided by a hospital or
nonhospital facility under ORS 426.232, 426.233 or 426.237 when
the authority finds, upon review, that the { - allegedly
mentally ill person's - } condition { + of the person alleged
to have a mental illness + } did not meet the admission criteria
in ORS 426.232 (1), 426.233 (1) or 426.237 (1)(b)(A). The payer
responsible under this section shall make a request for denial of
payment for emergency psychiatric services provided under ORS
426.232, 426.233 or 426.237 in writing to the authority.
(b) The authority may require the following to provide the
authority with any information that the authority determines is
necessary to review a request for denial of payment made under
this subsection or to conduct a review of emergency psychiatric
services for the purpose of planning or defining authority rules:
(A) A hospital or nonhospital facility approved under ORS
426.228 to 426.235 or 426.237.
(B) A physician or a person providing emergency psychiatric
services under ORS 426.228 to 426.235 or 426.237.
(c) The authority shall adopt rules necessary to carry out the
purposes of this subsection.
SECTION 46. ORS 426.250, as amended by section 4, chapter 25,
Oregon Laws 2012, is amended to read:
426.250. The following is a nonexclusive list of
responsibilities for payment of various costs related to
commitment proceedings under this chapter as described:
(1) Any physician or qualified { - person - } { +
professional + } recommended by the Oregon Health Authority who
is employed under ORS 426.110 to make an examination as to the
mental condition of a person alleged to { - be mentally ill - }
{ + have a mental illness + } shall be allowed a fee as the
court in its discretion determines reasonable for the
examination.
(2) Witnesses subpoenaed to give testimony shall receive the
same fees as are paid in criminal cases, and are subject to
compulsory attendance in the same manner as provided in ORS
136.567 to 136.603. The attendance of out-of-state witnesses may
be secured in the same manner as provided in ORS 136.623 to
136.637. The party who subpoenas the witness or requests the
court to subpoena the witness is responsible for payment of the
cost of the subpoena and payment for the attendance of the
witness at a hearing. When the witness has been subpoenaed on
behalf of { - an allegedly mentally ill - } { + a + } person
{ + alleged to have a mental illness + } who is represented by
appointed counsel, the fees and costs allowed for that witness
shall be paid pursuant to ORS 135.055. If the costs of witnesses
subpoenaed by the { - allegedly mentally ill - } person are
paid as provided under this subsection, the procedure for
subpoenaing witnesses shall comply with ORS 136.570.
(3) If a person with a right to a counsel under ORS 426.100 is
determined to be financially eligible for appointed counsel at
state expense, the public defense services executive director
shall determine and pay, as provided in ORS 135.055, the
reasonable expenses related to the representation of the person
and compensation for legal counsel. The expenses and compensation
so allowed shall be paid by the public defense services executive
director from funds available for the purpose.
(4) The authority shall pay the costs of expenses incurred
under ORS 426.100 by the Attorney General's office. Any costs for
district attorneys or other counsel appointed to assume
responsibility for presenting the state's case shall be paid by
the county where the commitment hearing is held, subject to
reimbursement under ORS 426.310.
(5) All costs incurred in connection with a proceeding under
ORS 426.180, including the costs of transportation, commitment
and delivery of the person, shall be paid by the county of which
the person is a resident. If the person is not a resident of this
state, then the costs incurred in connection with the proceeding
shall be paid by the county from which the emergency admission
was made.
(6) All costs incurred in connection with a proceeding under
ORS 426.180 for the commitment of a person from a reservation,
including the cost of transportation, commitment and delivery of
the person, shall be paid by the governing body of the
reservation of which the person is a resident.
SECTION 47. ORS 426.255 is amended to read:
426.255. Costs of hearings conducted pursuant to ORS 426.307,
and the fees for physicians and other { - qualified persons - }
{ + 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.
SECTION 48. ORS 426.273 is amended to read:
426.273. (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 { - persons - } { + 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.
SECTION 49. ORS 426.275 is amended to read:
426.275. The following are applicable to placements of
{ - mentally ill - } persons { + with mental illness + } that
are made as conditional release under ORS 426.125, outpatient
commitments under ORS 426.127 or trial visits under ORS 426.273
as described:
(1) If the { - person - } { + individual + } responsible
under this subsection determines that { - the mentally ill - }
{ + a + } person { + with mental illness + } is failing to
adhere to the terms and conditions of the placement, the
responsible { - person - } { + individual + } shall notify
the court having jurisdiction that the { - mentally ill - }
person { + with mental illness + } is not adhering to the terms
and conditions of the placement. If the placement is an
outpatient commitment under ORS 426.127 or a trial visit under
ORS 426.273, the notifications shall include a copy of the
conditions for the placement. The
{ - person - } { + individual + } responsible for notifying
the court under this subsection is as follows:
(a) For conditional releases under ORS 426.125, the guardian,
relative or friend in whose care the { - mentally ill - }
person { + with mental illness + } is conditionally released.
(b) For outpatient commitments under ORS 426.127, the community
mental health program director, or designee of the director, of
the county in which the person on outpatient commitment lives.
(c) For trial visits under ORS 426.273, the community mental
health program director, or designee of the director, of the
county in which the person on trial visit is to receive
outpatient treatment.
(2) On its own motion, the court with jurisdiction of a
{ - mentally ill - } person { + with mental illness + } on
{ - such - } placement may cause the person to be brought
before it for a hearing to determine whether the person is or is
not adhering to the terms and conditions of the placement. The
person shall have the same rights with respect to notice,
detention stay, hearing and counsel as for a hearing held under
ORS 426.095. The court shall hold the hearing within five
judicial days of the date the { - mentally ill - } person
{ + with mental illness + } receives notice under this section.
The court may allow postponement and detention during
postponement as provided under ORS 426.095.
(3) Pursuant to the determination of the court upon hearing
under this section, a person on placement shall either continue
the placement on the same or modified conditions or shall be
returned to the Oregon Health Authority for involuntary care and
treatment on an inpatient basis subject to discharge at the end
of the commitment period or as otherwise provided under this
chapter.
(4) If the person on placement is living in a county other than
the county of the court that established the current period of
commitment under ORS 426.130 during which the trial visit,
conditional release or outpatient commitment takes place, the
court establishing the current period of commitment shall
transfer jurisdiction to the appropriate court of the county in
which the person is living while on the placement and the court
receiving the transfer shall accept jurisdiction.
(5) The court may proceed as provided in ORS 426.307 or this
section when the court:
(a) Receives notice under ORS 426.070 or 426.228 to 426.235;
and
(b) Determines that the person is a { - mentally ill
person - } { + person with mental illness + } on conditional
release under ORS 426.125, outpatient commitment under ORS
426.127 or trial visit under ORS 426.273.
SECTION 50. ORS 426.278 is amended to read:
426.278. { + The Oregon Health Authority shall provide to each
of + } the following { - persons shall be given - } { +
individuals or entities + } a copy of the conditions of { - a
placement of a mentally ill person that is made as - } an
outpatient commitment under ORS 426.127 or
{ - as - } 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.
SECTION 51. ORS 426.292 is amended to read:
426.292. 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 treating physician, the person is no longer { - mentally
ill - } { + a person with mental illness + }.
SECTION 52. ORS 426.297 is amended to read:
426.297. (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 county of which the { - mentally ill - } person was a
resident at the time of admission. If the county of residence
cannot be established, 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).
SECTION 53. ORS 426.300 is amended to read:
426.300. (1) The Oregon Health Authority shall, by filing a
written certificate with the last committing court and the court
of residence, discharge { - any patient - } { + 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 { + , + }
{ - when in its opinion - } { + if the authority finds
that + } the individual is no longer a { - mentally ill - }
person { + with mental illness + } or { - when in its
opinion - } { + that + } the transfer of the individual to a
voluntary status is in the { + individual's + } best interest
{ - of the treatment of the patient - } .
(2) The authority may sign applications for public assistance
on behalf of those { - patients - } { + individuals + } who
may be eligible for public assistance { + upon discharge + }.
SECTION 54. ORS 426.301 is amended to read:
426.301. (1) At the end of the 180-day period of commitment,
any person whose status has not been changed to voluntary shall
be released unless the Oregon Health Authority certifies to the
court in the county where the treating facility is located that
the person is still { - mentally ill - } { + a person with
mental illness + } and { + is + } in need of further treatment.
The authority, pursuant to its rules, may delegate to the
director of the treating facility the responsibility for making
the certification. The director of the treating facility shall
consult with the community mental health program director of the
county of residence prior to making the certification. If the
certification is made, the person will not be released, but the
director of the treating facility shall immediately issue a copy
of the certification to the person and to the community mental
health program director of the county of residence.
(2) The certification shall be served upon the person by the
director of the facility { - wherein - } { + where + } the
person is confined or { + by + } the designee of the director.
The director of the facility shall inform the court in writing
that service has been made and the date thereof.
(3) The certification shall advise the person of all the
following:
(a) That the authority or facility has requested that
commitment be continued for an additional period of time.
(b) That the person may consult with legal counsel and that
legal counsel will be provided for the person without cost if the
person is unable to afford legal counsel.
(c) That the person may protest this further { + period of + }
commitment within 14 days, and if the person does not
{ + protest the further commitment, + } commitment will be
continued for an indefinite period of time up to 180 days.
(d) That if the person does protest a further period of
commitment, the person is entitled to a hearing before the court
on whether commitment should be continued.
(e) That the person may protest either orally or in writing by
signing the form accompanying the certification { - ; - }
{ + . + }
{ + (f) + } That the person is entitled to have a physician
or other qualified { - person - } { + professional + } as
recommended by the authority, other than a member of the staff at
the facility where the person is confined, examine the person and
report to the court the results of the examination.
{ - (f) - } { + (g) + } That the person may subpoena
witnesses and offer evidence on behalf of the person at the
hearing.
{ - (g) - } { + (h) + } That if the person is without funds
to retain legal counsel or an examining physician or qualified
{ - person - } { + professional + } as recommended by the
authority, the court will appoint legal counsel, a physician or
other qualified { - person - } { + professional + }.
(4) Nothing in subsection (3) of this section requires the
giving of the warning under ORS 426.123.
(5) { - The person - } { + When + } serving the
certification { + upon the person, the authority + } shall read
and deliver the certification to the person and ask whether the
person protests a further period of commitment. The person may
protest further commitment either orally or by signing a simple
protest form to be given to the person with the certification. If
the person does not protest a further period of commitment within
14 days of service of the certification, the authority or
facility shall so notify the court and the court shall, without
further hearing, order the commitment of the person for an
additional indefinite period of time up to 180 days.
SECTION 55. ORS 426.310 is amended to read:
426.310. (1) If { - the mentally ill - } { + 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 { - an allegedly mentally ill - } { + 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.
SECTION 56. ORS 426.320 is amended to read:
426.320. When a { - mentally ill - } person { + with mental
illness + }is assigned to or transferred to a state
{ - mental - } 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 { + , + } { - and - } the assistants of the
agent or attendant { - , together with those of - } { +
and + } the person { - for transportation to the hospital - } ,
shall be paid by the state in the manner provided in ORS 426.330.
SECTION 57. ORS 426.335 is amended to read:
426.335. The following limitations on liability { - and
circumstances - } are applicable to { - situations - } { +
actions and proceedings + } within this chapter and ORS 430.397
to 430.401:
(1) { - None of the following shall - } { + The following
individuals may not + } in any way be held criminally or civilly
liable for the
{ - making of the notification - } { + initiation of
commitment procedures + } under ORS 426.070, provided the
{ - person - } { + individual + } acts in good faith, on
probable cause and without malice:
(a) The community mental health program director or designee of
the director.
(b) The two petitioning persons.
(c) The county health officer.
(d) Any magistrate.
(e) Any peace officer or parole and probation officer.
(f) Any physician attending the { - allegedly mentally
ill - } person { + alleged to have a mental illness + }.
(g) { - The - } { + Any + } physician { - attached to
a - } { + associated with the + } hospital or institution
{ - wherein the allegedly mentally ill - } { + where the + }
person { + alleged to have a mental illness + } is a patient.
(2) The { - person - } { + community mental health program
director or the designee of the director + } conducting the
investigation under ORS 426.070 and 426.074 shall not be held
criminally or civilly liable for conducting the investigation,
provided the investigator acts in good faith, on probable cause
and without malice.
(3) The { - person - } { + individual + } representing the
state's interest under ORS 426.100 shall not be held criminally
or civilly liable for performing responsibilities under ORS
426.100 as long as the
{ - person - } { + individual + } acts in good faith and
without malice.
(4) { - No person - } { + An examiner + } appointed under
ORS 426.110 { - to conduct an examination under ORS 426.120
shall - } { + may not + } be held criminally or civilly liable
for actions pursuant to ORS 426.120 if the examiner acts in good
faith and without malice.
(5) { - No - } { + A + } physician, hospital or judge
{ - shall - } { + may not + } be held criminally or civilly
liable for actions pursuant to ORS 426.228, 426.231, 426.232,
426.234 or 426.235 if the physician, hospital or judge acts in
good faith, on probable cause and without malice.
(6) { - No - } { + A + } peace officer, { - person - }
{ + individual + } authorized under ORS 426.233, community
mental health director or designee, hospital or other facility,
physician or judge { - shall - } { + may not + } in any way
be held criminally or civilly liable for actions pursuant to ORS
426.228 to 426.235 if the individual or facility acts in good
faith, on probable cause and without malice.
(7) Any { + legal + } guardian, relative or friend of a
{ - mentally ill - } person { + with mental illness + } who
assumes responsibility for the
{ - mentally ill - } person under a conditional release under
ORS 426.125 shall not be liable for any damages that { - are
sustained by any person on account of - } { + result from + }
the misconduct of the
{ - mentally ill - } person while on conditional release if
the { + legal + } guardian, relative or friend acts in good
faith and without malice.
(8) The { - persons - } { + individuals + } designated in
this subsection
{ - shall - } { + may + } not be liable for { + personal
injuries or other + } damages that { - are sustained by any
person or property on account of - } { + result from + } the
misconduct of a { - mentally ill - } person { + with mental
illness + } while the { - mentally ill - } person is on
outpatient commitment under ORS 426.127 if the designated
{ - person - } { + individual + } acts without willful and
wanton neglect of duty. This subsection is applicable to all of
the following:
(a) The community mental health program director and the
designee of the director for the county in which the committed
person resides.
(b) The superintendent or director of any staff of any facility
where the { - mentally ill - } person { + with mental
illness + } receives treatment during the outpatient commitment.
(c) The Director of the Oregon Health Authority.
(d) The physician and the facility { - granting an outpatient
commitment - } { + providing care or treatment + } to a
{ - patient - } { + person on outpatient commitment + }.
(9) For trial visits granted under ORS 426.273 and 426.275:
(a) { - None of - } The following { - shall - }
{ + individuals and entities may not + } be liable for a
{ - patient's - } { + person's + } expenses while on trial
visit:
(A) The physician and the facility { - granting a trial
visit - } { + providing care or treatment + } to a
{ - patient - } { + person on a trial visit + };
(B) The superintendent or director of the facility
{ - granting - } { + providing care or treatment to a person
on + } a trial visit;
(C) The Director of the Oregon Health Authority; and
(D) The chief medical officer of the facility.
(b) The { - following persons shall - } { + individuals
designated in this paragraph may + } not be liable for damages
that { - are sustained by any person on account of - } { +
result from + } the misconduct of { - such patient while - }
{ + a person with mental illness while + } on trial visit if
the { - person - } { + designated individual + } acts without
willful and wanton neglect of duty:
(A) The community mental health program director for the county
in which the person resides;
(B) The superintendent, director or chief medical officer of
any facility { - granting a trial visit - } { + providing
care or treatment + } to a patient { + on a trial visit + };
(C) The physician responsible for the patient's { + care or
treatment during a + } trial visit;
(D) The Director of the Oregon Health Authority; or
(E) The employees and agents of { - persons listed in - }
{ + individuals or facilities under + }this paragraph.
SECTION 58. ORS 426.370 is amended to read:
426.370. 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
{ - mentally ill - } person { + with mental illness + }; and
(2) Release of the information would constitute a clear and
immediate danger to any person.
SECTION 59. ORS 426.385 is amended to read:
426.385. (1) Every { - mentally ill - } person { + with
mental illness + } committed to the Oregon Health Authority shall
have the right to:
(a) Communicate freely in person and by reasonable access to
telephones;
(b) Send and receive sealed mail, except that this right may be
limited for security reasons in state institutions as described
in ORS 426.010;
(c) Wear the clothing of the person;
(d) Keep personal possessions, including toilet articles;
(e) Religious freedom;
(f) A private storage area with free access thereto;
(g) Be furnished with a reasonable supply of writing materials
and stamps;
(h) A written treatment plan, kept current with the progress of
the person;
(i) Be represented by counsel whenever the substantial rights
of the person may be affected;
(j) Petition for a writ of habeas corpus;
(k) Not be required to perform routine labor tasks of the
facility except those essential for treatment;
(L) Be given reasonable compensation for all work performed
other than personal housekeeping duties;
(m) Daily access to fresh air and the outdoors, except that
this right may be limited when it would create significant risk
of harm to the person or others;
(n) Such other rights as may be specified by rule; and
(o) Exercise all civil rights in the same manner and with the
same effect as one not admitted to the facility, including, but
not limited to, the right to dispose of real property, execute
instruments, make purchases, enter contractual relationships, and
vote, unless the person has been adjudicated incompetent and has
not been restored to legal capacity. Disposal of personal
property in possession of the person in a state institution
described in ORS 426.010 is subject to limitation for security
reasons.
(2)(a) A person must be immediately informed,
{ - verbally - } { + orally + } and in writing, of any
limitation:
(A) Of the right to send or receive sealed mail under
subsection (1)(b) of this section;
(B) Regarding the disposal of personal property under
subsection (1)(o) of this section; and
(C) Of the right to daily access to fresh air and the outdoors
under subsection (1)(m) of this section.
(b) Any limitation under this subsection and the reasons for
the limitation must be stated in the person's written treatment
plan.
(c) The person has the right to challenge any limitation under
this subsection pursuant to rules adopted by the authority. The
person must be informed, { - verbally - } { + orally + } and
in writing, of this right.
(3) { - Mentally ill persons - } { + A person with mental
illness + } committed to the authority shall have the right to be
free from potentially unusual or hazardous treatment procedures,
including convulsive therapy, unless { - they have - } { +
the person has + } given
{ - their - } express and informed consent or authorized the
treatment pursuant to ORS 127.700 to 127.737. This right may be
denied to
{ - such persons - } { + a person + } for good cause as
defined in administrative rule only by the director of the
facility in which the person is confined, but only after
consultation with and approval of an independent examining
physician. Any denial shall be entered into the
{ - patient's - } { + person's + } treatment record and shall
include the reasons for the denial. { - No patient shall - }
{ + A person with mental illness may not + } be subjected to
psychosurgery, as defined in ORS 677.190 (21)(b).
(4) Mechanical restraints shall not be applied to a person
admitted to a facility unless it is determined by the chief
medical officer of the facility or designee to be required by the
medical needs of the person. Every use of a mechanical restraint
and the reasons { - therefor - } { + for using a mechanical
restraint + } shall be made a part of the clinical record of the
person over the signature of the chief medical officer of the
facility or designee.
(5) Nothing in this section prevents the authority from acting
to exclude contraband from its facilities and to prevent
possession or use of contraband in its facilities.
(6) As used in this section:
(a) 'Contraband' has the meaning given that term in ORS
162.135.
(b) 'Security reasons' means the protection of the
{ - mentally ill - } person { + with mental illness + } from
serious and immediate harm and the protection of others from
threats or harassment as defined by rule of the authority.
SECTION 60. ORS 428.310 is amended to read:
428.310. The Department of Human Services or the Oregon Health
Authority may execute and terminate a compact on behalf of the
State of Oregon with any state, territory or possession of the
United States, the District of Columbia and the Commonwealth of
Puerto Rico joining therein, in the form substantially as
follows:
_________________________________________________________________
The contracting states solemnly agree that:
ARTICLE I
The party states find that the proper and expeditious treatment
of { - the mentally ill and mentally deficient - } { +
persons with mental illness or intellectual disabilities + } can
be facilitated by cooperative action, to the benefit of the
patients, their families, and society as a whole. Further, the
party states find that the necessity of and desirability for
furnishing such care and treatment bears no primary relation to
the residence or citizenship of the patient but that, on the
contrary, the controlling factors of community safety and
humanitarianism require that facilities and services be made
available for all who are in need of them. Consequently, it is
the purpose of this compact and of the party states to provide
the necessary legal basis for the institutionalization or other
appropriate care and treatment of { - the mentally ill and
mentally deficient - } { + persons with mental illness or
intellectual disabilities + } under a system that recognizes the
paramount importance of patient welfare and to establish the
responsibilities of the party states in terms of such welfare.
ARTICLE II
As used in this compact:
(a) 'Sending state' shall mean a party state from which a
patient is transported pursuant to the provisions of the compact
or from which it is contemplated that a patient may be so sent.
(b) 'Receiving state' shall mean a party state to which a
patient is transported pursuant to the provisions of the compact
or to which it is contemplated that a patient may be so sent.
(c) 'Institution' shall mean any hospital or other facility
maintained by a party state or political subdivision thereof for
the care and treatment of mental illness or { - mental
deficiency - } { + intellectual disabilities + }.
(d) 'Patient' shall mean any person subject to or eligible as
determined by the laws of the sending state, for
institutionalization or other care, treatment or supervision
pursuant to the provisions of this compact.
(e) 'After-care' shall mean care, treatment and services
provided a patient, as defined herein, on convalescent status or
conditional release.
(f) 'Mental illness' shall mean mental disease to such extent
that a person so afflicted requires care and treatment for his
own welfare, or the welfare of others, or of the community.
(g) { - ' Mental deficiency' - } { + ' Intellectual
disability' + } shall mean { - mental deficiency - }
{ + intellectual disability + } as defined by appropriate
clinical authorities to such extent that a person so afflicted is
incapable of managing himself and his affairs, but shall not
include mental illness as defined herein.
(h) 'State' shall mean any state, territory or possession of
the United States, the District of Columbia and the Commonwealth
of Puerto Rico.
ARTICLE III
(a) Whenever a person physically present in any party state
shall be in need of institutionalization by reason of mental
illness or { - mental deficiency - } { + intellectual
disability + }, the person shall be eligible for care and
treatment in an institution in that state irrespective of the
residence, settlement or citizenship qualifications of the
person.
(b) The provisions of paragraph (a) of this article to the
contrary notwithstanding, any patient may be transferred to an
institution in another state whenever there are factors based
upon clinical determinations indicating that the care and
treatment of said patient would be facilitated or improved
thereby. Any such institutionalization may be for the entire
period of care and treatment or for any portion or portions
thereof. The factors referred to in this paragraph shall include
the patient's full record with due regard for the location of the
patient's family, character of the illness and probable duration
thereof, and such other factors as shall be considered
appropriate.
(c) No state shall be obliged to receive any patient pursuant
to the provisions of paragraph (b) of this article unless the
sending state has given advance notice of its intention to send
the patient; furnished all available medical and other pertinent
records concerning the patient; given the qualified medical or
other appropriate clinical authorities of the receiving state an
opportunity to examine the patient if said authorities so wish;
and unless the receiving state shall agree to accept the patient.
(d) In the event that the laws of the receiving state establish
a system of priorities for the admission of patients, an
interstate patient under this compact shall receive the same
priority as a local patient and shall be taken in the same order
and at the same time that the patient would be taken if the
patient were a local patient.
(e) Pursuant to this compact, the determination as to the
suitable place of institutionalization for a patient may be
reviewed at any time and such further transfer of the patient may
be made as seems likely to be in the best interest of the
patient.
ARTICLE IV
(a) Whenever, pursuant to the laws of the state in which a
patient is physically present, it shall be determined that the
patient should receive after-care or supervision, such care or
supervision may be provided in a receiving state. If the medical
or other appropriate clinical authorities having responsibility
for the care and treatment of the patient in the sending state
shall have reason to believe that after-care in another state
would be in the best interest of the patient and would not
jeopardize the public safety, they shall request the appropriate
authorities in the receiving state to investigate the
desirability of affording the patient such after-care in said
receiving state, and such investigation shall be made with all
reasonable speed. The request for investigation shall be
accompanied by complete information concerning the patient's
intended place of residence and the identity of the person in
whose charge it is proposed to place the patient, the complete
medical history of the patient, and such other documents as may
be pertinent.
(b) If the medical or other appropriate clinical authorities
having responsibility for the care and treatment of the patient
in the sending state and the appropriate authorities in the
receiving state find that the best interest of the patient would
be served thereby, and if the public safety would not be
jeopardized thereby, the patient may receive after-care or
supervision in the receiving state.
(c) In supervising, treating or caring for a patient on
after-care pursuant to the terms of this article, a receiving
state shall employ the same standards of visitation, examination,
care and treatment that it employs for similar local patients.
ARTICLE V
Whenever a dangerous or potentially dangerous patient escapes
from an institution in any party state, that state shall promptly
notify all appropriate authorities within and without the
jurisdiction of the escape in a manner reasonably calculated to
facilitate the speedy apprehension of the escapee. Immediately
upon the apprehension and identification of any such dangerous or
potentially dangerous patient, the patient shall be detained in
the state where found pending disposition in accordance with law.
ARTICLE VI
The duly accredited officers of any state party to this
compact, upon the establishment of their authority and the
identity of the patient, shall be permitted to transport any
patient being moved pursuant to this compact through any and all
states party to this compact, without interference.
ARTICLE VII
(a) No person shall be deemed a patient of more than one
institution at any given time. Completion of transfer of any
patient to an institution in a receiving state shall have the
effect of making the person a patient of the institution in the
receiving state.
(b) The sending state shall pay all costs of and incidental to
the transportation of any patient pursuant to this compact, but
any two or more party states may, by making a specific agreement
for that purpose, arrange for a different allocation of costs as
among themselves.
(c) No provision of this compact shall be construed to alter or
affect any internal relationships among the departments, agencies
and officers of and in the government of a party state, or
between a party state and its subdivisions, as to the payment of
costs, or responsibilities therefor.
(d) Nothing in this compact shall be construed to prevent any
party state or subdivision thereof from asserting any right
against any person, agency or other entity in regard to costs for
which such party state or subdivision thereof may be responsible
pursuant to any provision of this compact.
(e) Nothing in this compact shall be construed to invalidate
any reciprocal agreement between a party state and a nonparty
state relating to institutionalization, care or treatment of
{ - the mentally ill or mentally deficient - } { + persons
with mental illness or intellectual disabilities + }, or any
statutory authority pursuant to which such agreements may be
made.
ARTICLE VIII
(a) Nothing in this compact shall be construed to abridge,
diminish, or in any way impair the rights, duties and
responsibilities of any patient's guardian on the guardian's own
behalf or in respect of any patient for whom the guardian may
serve, except that where the transfer of any patient to another
jurisdiction makes advisable the appointment of a supplemental or
substitute guardian, any court of competent jurisdiction in the
receiving state may make such supplemental or substitute
appointment and the court which appointed the previous guardian
shall upon being duly advised of the new appointment, and upon
the satisfactory completion of such accounting and other acts as
such court may by law require, relieve the previous guardian of
power and responsibility to whatever extent shall be appropriate
in the circumstances; provided, however, that in the case of any
patient having settlement in the sending state, the court of
competent jurisdiction in the sending state shall have the sole
discretion to relieve a guardian appointed by it or continue the
power and responsibility of the guardian, whichever it shall deem
advisable. The court in the receiving state may, in its
discretion, confirm or reappoint the person or persons previously
serving as guardian in the sending state in lieu of making a
supplemental or substitute appointment.
(b) The term 'guardian' as used in paragraph (a) of this
article shall include any guardian, trustee, legal committee,
conservator or other person or agency however denominated who is
charged by law with responsibility for the property of a patient.
ARTICLE IX
(a) No provision of this compact except Article V shall apply
to any person institutionalized while under sentence in a penal
or correctional institution or while subject to trial on a
criminal charge, or whose institutionalization is due to the
commission of an offense for which, in the absence of mental
illness or { - mental deficiency - } { + intellectual
disability + }, said person would be subject to incarceration in
a penal or correctional institution.
(b) To every extent possible, it shall be the policy of states
party to this compact that no patient shall be placed or detained
in any prison, jail or lockup, but such patient shall, with all
expedition, be taken to a suitable institutional facility for
mental illness or { - mental deficiency - } { + intellectual
disability + }.
ARTICLE X
(a) Each party state shall appoint a 'compact administrator'
who, on behalf of the state of the compact administrator, shall
act as general coordinator of activities under the compact in the
state of the compact administrator and who shall receive copies
of all reports, correspondence, and other documents relating to
any patient processed under the compact by the state of the
compact administrator either in the capacity of sending or
receiving state. The compact administrator or the duly designated
representative of the compact administrator shall be the official
with whom other party states shall deal in any matter relating to
the compact or any patient processed thereunder.
(b) The compact administrators of the respective party states
shall have power to promulgate reasonable rules and regulations
to carry out more effectively the terms and provisions of this
compact.
ARTICLE XI
The duly constituted administrative authorities of any two or
more party states may enter into supplementary agreements for the
provision of any service or facility or for the maintenance of
any institution on a joint or cooperative basis whenever the
states concerned shall find that such agreements will improve
services, facilities, or institutional care and treatment in the
fields of mental illness or { - mental deficiency - } { +
intellectual disability + }. No such supplementary agreement
shall be construed so as to relieve any party state of any
obligation which it otherwise would have under other provisions
of this compact.
ARTICLE XII
This compact shall enter into full force and effect as to any
state when entered into according to law and such state shall
thereafter be a party thereto with any and all states legally
joining therein.
ARTICLE XIII
(a) A state party to this compact may withdraw therefrom as
provided by law and such renunciation shall be by the same
authority which executed it. Such withdrawal shall take effect
one year after notice thereof has been communicated officially
and in writing to the governors and compact administrators of all
other party states. However, the withdrawal of any state shall
not change the status of any patient who has been sent to said
state or sent out of said state pursuant to the provisions of the
compact.
(b) Withdrawal from any agreement permitted by Article VII (b)
as to costs or from any supplementary agreement made pursuant to
Article XI shall be in accordance with the terms of such
agreement.
ARTICLE XIV
This compact shall be liberally construed so as to effectuate
the purposes thereof. The provisions of this compact shall be
severable and if any phrase, clause, sentence or provision of
this compact is declared to be contrary to the constitution of
any party state or of the United States or the applicability
thereof to any government, agency, person or circumstance is held
invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person or
circumstance shall not be affected thereby. If this compact shall
be held contrary to the constitution of any state party thereto,
the compact shall remain in full force and effect as to the
remaining states and in full force and effect as to the state
affected as to all severable matters.
_________________________________________________________________
SECTION 61. ORS 480.225 is amended to read:
480.225. (1) A person is eligible for a certificate of
possession under ORS 480.235 if:
(a) The person has not been convicted, or found guilty except
for insanity under ORS 161.295, of a misdemeanor involving
violence, as defined in ORS 166.470, within the previous four
years. A person who has been so convicted is eligible under this
subsection following the expiration of seven years after the date
of final and unconditional discharge from all imprisonment,
probation and parole resulting from the conviction.
(b) The person has not been convicted, or found guilty except
for insanity under ORS 161.295, of, and is not under indictment
for, any felony.
(c) The person is not a fugitive from justice, has no
outstanding warrants for arrest and is not free on any form of
pretrial release for any offenses listed in paragraphs (a) and
(b) of this subsection.
(d) The person has not been determined to be { - mentally
ill - } { + a person with mental illness + } under ORS 426.130
or to have an intellectual disability under ORS 427.290. A person
who previously has been so determined is eligible under this
subsection if, at the time of application for such a certificate,
the person produces a certified copy of a full discharge from the
proper state hospital. The Oregon Health Authority shall provide
the State Fire Marshal with direct electronic access to the
authority's database of information identifying persons meeting
the criteria of this section who were committed or subject to an
order under ORS 426.130. The State Fire Marshal and the authority
shall enter into an agreement describing the access to
information under this subsection.
(e) The person is at least 21 years of age.
(f) The person does not use a fictitious name or make a
material misrepresentation in application for such a certificate.
(g)(A) The person has not been convicted of, and is not under
indictment for, a criminal offense involving a controlled
substance as defined in ORS 475.005, other than the offense of
driving under the influence of intoxicants.
(B) Notwithstanding subparagraph (A) of this paragraph, a
person who has had a certificate denied or revoked due to
conviction of a criminal offense involving a controlled substance
is eligible under this section following the expiration of seven
years after the date of final and unconditional discharge from
all imprisonment, probation and parole resulting from the
conviction.
(h) The person has been discharged from the jurisdiction of the
juvenile court for more than four years for an act that, if
committed by an adult, would constitute a felony or a misdemeanor
involving violence, as defined in ORS 166.470.
(i) The person is not the subject of a restraining order that
alleges the person's possession of explosives presents a credible
threat to another person.
(j) The person has passed an examination administered by the
State Fire Marshal that assesses the person's knowledge of safety
in the transportation and storage of explosives as required under
federal and state laws and regulations pertaining to explosives.
The State Fire Marshal shall examine each applicant prior to
issuance of a certificate of possession to the applicant. The
State Fire Marshal may by rule establish and collect an
examination fee in an amount necessary to cover the cost of
administering the examination.
(k) The person certifies on the application for a certificate
of possession that all explosives in the person's possession will
be used, stored and transported in accordance with federal, state
and local requirements.
(L) The person certifies that all explosives will be possessed,
used, stored and transported in accordance with federal, state
and local requirements.
(2) Subsection (1)(a) and (b) of this section does not apply to
a conviction or indictment that has been expunged from a person's
record under the laws of this state or equivalent laws of another
jurisdiction.
SECTION 62. ORS 677.225 is amended to read:
677.225. (1) A person's license issued under this chapter is
suspended automatically if:
(a) The licensee is adjudged to be { - mentally ill - } { +
a person with mental illness under ORS 426.130 + } or is admitted
on a voluntary basis to a treatment facility for mental illness
that affects the ability of the licensee to safely practice
medicine and if the licensee's residence in the hospital exceeds
25 consecutive days; or
(b) The licensee is an inmate in a penal institution.
(2)(a) The clerk of the court ordering commitment or
incarceration under subsection (1)(a) or (b) of this section
shall cause to be mailed to the Oregon Medical Board, as soon as
possible, a certified copy of the court order. No fees are
chargeable by the clerk for performing the duties prescribed by
this paragraph.
(b) The administrator of the hospital to which a person with a
license issued under this chapter has voluntarily applied for
admission shall cause to be mailed to the board as soon as
possible, a certified copy of the record of the voluntary
admission of such person.
(c) Written evidence received from the supervisory authority of
a penal or mental institution that the licensee is an inmate or
patient therein is prima facie evidence for the purpose of
subsection (1)(a) or (b) of this section.
(3) A suspension under this section may be terminated by the
board when:
(a)(A) The board receives evidence satisfactory to the board
that the licensee is not { - mentally ill - } { + a person
with mental illness as defined in ORS 426.005 + }; or
(B) The board receives evidence satisfactory to the board that
the licensee is no longer incarcerated; and
(b) The board is satisfied, with due regard for the public
interest, that the licensee's privilege to practice may be
restored.
SECTION 63. ORS 680.205 is amended to read:
680.205. (1) An expanded practice dental hygienist may render
all services within the scope of practice of dental hygiene, as
defined in ORS 679.010, without the supervision of a dentist and
as authorized by the expanded practice dental hygienist permit
to:
(a) Patients or residents of the following facilities or
programs who, due to age, infirmity or disability, are unable to
receive regular dental hygiene treatment:
(A) Nursing homes as defined in ORS 678.710;
(B) Adult foster homes as defined in ORS 443.705;
(C) Residential care facilities as defined in ORS 443.400;
(D) Adult congregate living facilities as defined in ORS
441.525;
(E) Mental health residential programs administered by the
Oregon Health Authority;
(F) Facilities for { - mentally ill - } persons { + with
mental illness + }, as those terms are defined in ORS 426.005;
(G) Facilities for persons with developmental disabilities, as
those terms are defined in ORS 427.005;
(H) Local correctional facilities and juvenile detention
facilities as those terms are defined in ORS 169.005, regional
correctional facilities as defined in ORS 169.620, youth
correction facilities as defined in ORS 420.005, youth care
centers as defined in ORS 420.855, and Department of Corrections
institutions as defined in ORS 421.005; or
(I) Public and nonprofit community health clinics.
(b) Adults who are homebound.
(c) Students or enrollees of nursery schools and day care
programs and their siblings under 18 years of age, Job Corps and
similar employment training facilities, primary and secondary
schools, including private schools and public charter schools,
and persons entitled to benefits under the Women, Infants and
Children Program.
(d) Patients in hospitals, medical clinics, medical offices or
offices operated or staffed by nurse practitioners, physician
assistants or midwives.
(e) Patients whose income is less than the federal poverty
level.
(f) Other populations that the Oregon Board of Dentistry
determines are underserved or lack access to dental hygiene
services.
(2) At least once each calendar year, an expanded practice
dental hygienist shall refer each patient or resident to a
dentist who is available to treat the patient or resident.
(3) An expanded practice dental hygienist may render the
services described in paragraphs (a) to (d) of this subsection to
the patients described in subsection (1) of this section if the
expanded practice dental hygienist has entered into an agreement
in a format approved by the board with a dentist licensed under
ORS chapter 679. The agreement must set forth the agreed-upon
scope of the dental hygienist's practice with regard to:
(a) Administering local anesthesia;
(b) Administering temporary restorations without excavation;
(c) Prescribing prophylactic antibiotics and nonsteroidal
anti-inflammatory drugs specified in the agreement; and
(d) Overall dental risk assessment and referral parameters.
(4) This section does not authorize an expanded practice dental
hygienist to administer nitrous oxide except under the indirect
supervision of a dentist licensed under ORS chapter 679.
(5) An expanded practice dental hygienist may assess the need
for and appropriateness of sealants, apply sealants and write
prescriptions for all applications of fluoride in which fluoride
is applied or supplied to patients.
(6) An expanded practice dental hygienist must also procure all
other permits or certificates required by the board under ORS
679.250.
SECTION 64. ORS 421.245 is amended to read:
421.245. The Interstate Corrections Compact is enacted into law
and entered into by this state with all other jurisdictions
legally joining therein in the form substantially as follows:
_________________________________________________________________
ARTICLE I
PURPOSE AND POLICY
The party states, desiring by common action to fully utilize
and improve their institutional facilities and provide adequate
programs for the confinement, treatment and rehabilitation of
various types of offenders, declare that it is the policy of each
of the party states to provide such facilities and programs on a
basis of cooperation with one another, thereby serving the best
interests of such offenders and of society and effecting
economies in capital expenditures and operational costs. The
purpose of this compact is to provide for the mutual development
and execution of such programs of cooperation for the
confinement, treatment and rehabilitation of offenders with the
most economical use of human and material resources.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires
otherwise:
(1) 'State' means a state of the United States, the United
States of America, a territory or possession of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico.
(2) 'Sending state' means a state party to this compact in
which conviction or court commitment was had.
(3) 'Receiving state' means a state party to this compact to
which an inmate is sent for confinement other than a state in
which conviction or court commitment was had.
(4) 'Inmate' means a male or female offender who is committed,
under sentence to or confined in a penal or correctional
institution.
(5) 'Institution' means any penal or correctional facility,
including but not limited to a facility for { - the mentally
ill or mentally defective - } { + persons with mental illness
or intellectual disabilities + }, in which inmates as defined in
subsection (4) of this Article may lawfully be confined.
ARTICLE III
CONTRACTS
(1) Each party state may make one or more contracts with any
one or more of the other party states for the confinement of
inmates on behalf of a sending state in institutions situated
within receiving states. Any such contract shall provide for:
(a) Its duration.
(b) Payments to be made to the receiving state by the sending
state for inmate maintenance, extraordinary medical and dental
expenses, and any participation in or receipt by inmates of
rehabilitative or correctional services, facilities, programs or
treatment not reasonably included as part of normal maintenance.
(c) Participation in programs of inmate employment, if any, the
disposition or crediting of any payments received by inmates on
account thereof, and the crediting of proceeds from or disposal
of any products resulting therefrom.
(d) Delivery and retaking of inmates.
(e) Such other matters as may be necessary and appropriate to
fix the obligations, responsibilities and rights of the sending
and receiving states.
(2) The terms and provisions of this compact shall be a part of
any contract entered into by the authority of or pursuant
thereto, and nothing in any such contract shall be inconsistent
therewith.
ARTICLE IV
PROCEDURES AND RIGHTS
(1) Whenever the duly constituted authorities in a state party
to this compact, and which has entered into a contract pursuant
to Article III, shall decide that confinement in, or transfer of
an inmate to, an institution within the territory of another
party state is necessary or desirable in order to provide
adequate quarters and care or an appropriate program of
rehabilitation or treatment, said officials may direct that the
confinement be within an institution within the territory of said
other party state, the receiving state to act in that regard
solely as agent for the sending state.
(2) The appropriate officials of any state party to this
compact shall have access, at all reasonable times, to any
institution in which it has a contractual right to confine
inmates for the purpose of inspecting the facilities thereof and
visiting such of its inmates as may be confined in the
institution.
(3) Inmates confined in an institution pursuant to the terms of
this compact shall at all times be subject to the jurisdiction of
the sending state and may at any time be removed therefrom for
transfer to a prison or other institution within the sending
state, for transfer to another institution in which the sending
state may have a contractual or other right to confine inmates,
for release on probation or parole, for discharge, or for any
other purpose permitted by the laws of the sending state;
provided, that the sending state shall continue to be obligated
to such payments as may be required pursuant to the terms of any
contract entered into under the terms of Article III.
(4) Each receiving state shall provide regular reports to each
sending state on the inmates of that sending state in
institutions pursuant to this compact including a conduct record
of each inmate and certify said record to the official designated
by the sending state, in order that each inmate may have official
review of his or her record in determining and altering the
disposition of said inmate in accordance with the law which may
obtain in the sending state and in order that the same may be a
source of information for the sending state.
(5) All inmates who may be confined in an institution pursuant
to the provisions of this compact shall be treated in a
reasonable and humane manner and shall be treated equally with
such similar inmates of the receiving state as may be confined in
the same institution. The fact of confinement in a receiving
state shall not deprive any inmate so confined of any legal
rights which said inmate would have had if confined in an
appropriate institution of the sending state.
(6) Any hearing or hearings to which an inmate confined
pursuant to this compact may be entitled by the laws of the
sending state may be had before the appropriate authorities of
the sending state, or of the receiving state if authorized by the
sending state. The receiving state shall provide adequate
facilities for such hearings as may be conducted by the
appropriate officials of a sending state. In the event such
hearing or hearings are had before officials of the receiving
state, the governing law shall be that of the sending state and a
record of the hearing or hearings as prescribed by the sending
state shall be made. Said record together with any
recommendations of the hearing officials shall be transmitted
forthwith to the official or officials before whom the hearing
would have been had if it had taken place in the sending state.
In any and all proceedings had pursuant to the provisions of this
subsection, the officials of the receiving state shall act solely
as agents of the sending state and no final determination shall
be made in any matter except by the appropriate officials of the
sending state.
(7) Any inmate confined pursuant to this compact shall be
released within the territory of the sending state unless the
inmate, and the sending and receiving states, shall agree upon
release in some other place. The sending state shall bear the
cost of such return to its territory.
(8) Any inmate confined pursuant to the terms of this compact
shall have any and all rights to participate in and derive any
benefits or incur or be relieved of any obligations or have such
obligations modified or the status of the inmate changed on
account of any action or proceeding in which the inmate could
have participated if confined in any appropriate institution of
the sending state located within such state.
(9) The parent, guardian, trustee, or other person or persons
entitled under the laws of the sending state to act for, advise,
or otherwise function with respect to any inmate shall not be
deprived of or restricted in the exercise of any power in respect
of any inmate confined pursuant to the terms of this compact.
ARTICLE V
ACTS NOT REVIEWABLE IN RECEIVING STATE; EXTRADITION
(1) Any decision of the sending state in respect of any matter
over which it retains jurisdiction pursuant to this compact shall
be conclusive upon and not reviewable within the receiving state,
but if at the time the sending state seeks to remove an inmate
from an institution in the receiving state there is pending
against the inmate within such state any criminal charge or if
the inmate is formally accused of having committed within such
state a criminal offense, the inmate shall not be returned
without the consent of the receiving state until discharged from
prosecution or other form of proceeding, imprisonment or
detention for such offense. The duly accredited officers of the
sending state shall be permitted to transport inmates pursuant to
this compact through any and all states party to this compact
without interference.
(2) An inmate who escapes from an institution in which the
inmate is confined pursuant to this compact shall be deemed a
fugitive from the sending state and from the state in which the
institution is situated. In the case of an escape to a
jurisdiction other than the sending or receiving state, the
responsibility for institution of extradition or rendition
proceedings shall be that of the sending state, but nothing
contained in this compact shall be construed to prevent or affect
the activities of officers and agencies of any jurisdiction
directed toward the apprehension and return of an escapee.
ARTICLE VI
FEDERAL AID
Any state party to this compact may accept federal aid for use
in connection with any institution or program, the use of which
is or may be affected by this compact or any contract pursuant
hereto and any inmate in a receiving state pursuant to this
compact may participate in any such federally aided program or
activity for which the sending and receiving states have made
contractual provision; provided, that if such program or activity
is not part of the customary correctional regimen the express
consent of the appropriate official of the sending state shall be
required therefor.
ARTICLE VII
ENTRY INTO FORCE
This compact shall enter into force and become effective and
binding upon the states so acting when it has been enacted into
law by any two states. Thereafter, this compact shall enter into
force and become effective and binding as to any other of said
states upon similar action by such state.
ARTICLE VIII
WITHDRAWAL AND TERMINATION
This compact shall continue in force and remain binding upon a
party state until it shall have enacted a statute repealing the
same and providing for the sending of formal written notice of
withdrawal from the compact to the appropriate officials of all
other party states. An actual withdrawal shall not take effect
until one year after the notices provided in said statute have
been sent. Such withdrawal shall not relieve the withdrawing
state from its obligations assumed hereunder prior to the
effective date of withdrawal. Before the effective date of
withdrawal, a withdrawing state shall remove to its territory, at
its own expense, such inmates as it may have confined pursuant to
the provisions of this compact.
ARTICLE IX
OTHER ARRANGEMENTS UNAFFECTED
Nothing contained in this compact shall be construed to
abrogate or impair any agreement or other arrangement which a
party state may have with a nonparty state for the confinement,
rehabilitation or treatment of inmates nor to repeal any other
laws of a party state authorizing the making of cooperative
institutional arrangements.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construed and
shall be severable. If any phrase, clause, sentence or provision
of this compact is declared to be contrary to the constitution of
any participating state or of the United States or the
applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of
this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If
this compact shall be held contrary to the constitution of any
state participating therein, the compact shall remain in full
force and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
_________________________________________________________________
SECTION 65. ORS 421.284 is amended to read:
421.284. The Western Interstate Corrections Compact hereby is
enacted into law and entered into on behalf of this state with
all other states legally joining therein in a form substantially
as follows:
_________________________________________________________________
ARTICLE I
PURPOSE AND POLICY
The party states, desiring by common action to improve their
institutional facilities and provide programs of sufficiently
high quality for the confinement, treatment and rehabilitation of
various types of offenders, declare that it is the policy of each
of the party states to provide such facilities and programs on a
basis of cooperation with one another, thereby serving the best
interests of such offenders and of society. The purpose of this
compact is to provide for the development and execution of such
programs of cooperation for the confinement, treatment and
rehabilitation of offenders.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires
otherwise:
(a) 'State' means a state of the United States or, subject to
the limitation contained in Article VII, Guam.
(b) 'Sending state' means a state party to this compact in
which conviction was had.
(c) 'Receiving state' means a state party to this compact to
which an inmate is sent for confinement other than a state in
which conviction was had.
(d) 'Inmate' means a male or female offender who is under
sentence to or confined in a prison or other correctional
institution.
(e) 'Institution' means any prison, reformatory or other
correctional facility (including but not limited to a facility
for
{ - the mentally ill or mentally defective - } { + persons
with mental illness or intellectual disabilities + }) in which
inmates may lawfully be confined.
ARTICLE III
CONTRACTS
(a) Each party state may make one or more contracts with any
one or more of the other party states for the confinement of
inmates on behalf of a sending state in institutions situated
within receiving states. Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending
state for inmate maintenance, extraordinary medical and dental
expenses, and any participation in or receipt by inmates of
rehabilitative or correctional services, facilities, programs or
treatment not reasonably included as part of normal maintenance.
3. Participation in programs of inmate employment, if any; the
disposition or crediting of any payments received by inmates on
account thereof; and the crediting of proceeds from or disposal
of any products resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to
fix the obligations, responsibilities and rights of the sending
and receiving states.
(b) Prior to the construction or completion of construction of
any institution or addition thereto by a party state, any other
party state or states may contract therewith for the enlargement
of the planned capacity of the institution or addition thereto,
or for the inclusion therein of particular equipment or
structures, and for the reservation of a specific percentum of
the capacity of the institution to be kept available for use by
inmates of the sending state or states so contracting. Any
sending state so contracting may, to the extent that monies are
legally available therefor, pay to the receiving state, a
reasonable sum as consideration for such enlargement of capacity,
or provision of equipment or structures, and reservation of
capacity. Such payment may be in a lump sum or in installments as
provided in the contract.
(c) The terms and provisions of this compact shall be a part of
any contract entered into by the authority of or pursuant
thereto, and nothing in any such contract shall be inconsistent
therewith.
ARTICLE IV
PROCEDURES AND RIGHTS
(a) Whenever the duly constituted judicial or administrative
authorities in a state party to this compact, and which has
entered into a contract pursuant to Article III, shall decide
that confinement in, or transfer of an inmate to, an institution
within the territory of another party state is necessary in order
to provide adequate quarters and care or desirable in order to
provide an appropriate program of rehabilitation or treatment,
said officials may direct that the confinement be within an
institution within the territory of said other party state, the
receiving state to act in that regard solely as agent for the
sending state.
(b) The appropriate officials of any state party to this
compact shall have access, at all reasonable times, to any
institution in which it has a contractual right to confine
inmates for the purpose of inspecting the facilities thereof and
visiting such of its inmates as may be confined in the
institution.
(c) Inmates confined in an institution pursuant to the terms of
this compact shall at all times be subject to the jurisdiction of
the sending state and may at any time be removed therefrom for
transfer to a prison or other institution within the sending
state, for transfer to another institution in which the sending
state may have a contractual or other right to confine inmates,
for release on probation or parole, for discharge, or for any
other purpose permitted by the laws of the sending state;
provided that the sending state shall continue to be obligated to
such payments as may be required pursuant to the terms of any
contract entered into under the terms of Article III.
(d) Each receiving state shall provide regular reports to each
sending state on the inmates of that sending state in
institutions pursuant to this compact including a conduct record
of each inmate and certify said record to the official designated
by the sending state, in order that each inmate may have the
benefit of his or her record in determining and altering the
disposition of said inmate in accordance with the law which may
obtain in the sending state and in order that the same may be a
source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant
to the provisions of this compact shall be treated in a
reasonable and humane manner and shall be cared for and treated
equally with such similar inmates of the receiving state as may
be confined in the same institution. The fact of confinement in a
receiving state shall not deprive any inmate so confined of any
legal rights which said inmate would have had if confined in an
appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined
pursuant to this compact may be entitled by the laws of the
sending state may be had before the appropriate authorities of
the sending state, or of the receiving state if authorized by the
sending state. The receiving state shall provide adequate
facilities for such hearings as may be conducted by the
appropriate officials of a sending state. In the event such
hearing or hearings are had before officials of the receiving
state, the governing law shall be that of the sending state and a
record of the hearing or hearings as prescribed by the sending
state shall be made. Said record together with any
recommendations of the hearing officials shall be transmitted
forthwith to the official or officials before whom the hearing
would have been had if it had taken place in the sending state.
In any and all proceedings had pursuant to the provisions of this
subdivision, the officials of the receiving state shall act
solely as agents of the sending state and no final determination
shall be made in any matter except by the appropriate officials
of the sending state. Costs of records made pursuant to this
subdivision shall be borne by the sending state.
(g) Any inmate confined pursuant to this compact shall be
released within the territory of the sending state unless the
inmate, and the sending and receiving states, shall agree upon
release in some other place. The sending state shall bear the
cost of such return to its territory.
(h) Any inmate confined pursuant to the terms of this compact
shall have any and all rights to participate in and derive any
benefits or incur or be relieved of any obligations or have such
obligations modified or the status of the inmate changed on
account of any action or proceeding in which the inmate could
have participated if confined in any appropriate institution of
the sending state located within such state.
(i) The parent, guardian, trustee, or other person or persons
entitled under the laws of the sending state to act for, advise,
or otherwise function with respect to any inmate shall not be
deprived of or restricted in the exercise of any power in respect
of any inmate confined pursuant to the terms of this compact.
ARTICLE V
ACTS NOT REVIEWABLE IN RECEIVING STATE: EXTRADITION
(a) Any decision of the sending state in respect of any matter
over which it retains jurisdiction pursuant to this compact shall
be conclusive upon and not reviewable within the receiving state,
but if at the time the sending state seeks to remove an inmate
from an institution in the receiving state there is pending
against the inmate within such state any criminal charge or if
the inmate is suspected of having committed within such state a
criminal offense, the inmate shall not be returned without the
consent of the receiving state until discharged from prosecution
or other form of proceeding, imprisonment or detention for such
offense. The duly accredited officers of the sending state shall
be permitted to transport inmates pursuant to this compact
through any and all states party to this compact without
interference.
(b) An inmate who escapes from an institution in which the
inmate is confined pursuant to this compact shall be deemed a
fugitive from the sending state and from the state in which the
institution is situated. In the case of an escape to a
jurisdiction other than the sending or receiving state, the
responsibility for institution of extradition proceedings shall
be that of the sending state, but nothing contained herein shall
be construed to prevent or affect the activities of officers and
agencies of any jurisdiction directed toward the apprehension and
return of an escapee.
ARTICLE VI
FEDERAL AID
Any state party to this compact may accept federal aid for use
in connection with any institution or program, the use of which
is or may be affected by this compact or any contract pursuant
hereto and any inmate in a receiving state pursuant to this
compact may participate in any such federally aided program or
activity for which the sending and receiving states have made
contractual provision provided that if such program or activity
is not part of the customary correctional regimen the express
consent of the appropriate official of the sending state shall be
required therefor.
ARTICLE VII
ENTRY INTO FORCE
This compact shall enter into force and become effective and
binding upon the state so acting when it has been enacted into
law by any two contiguous states from among the states of Alaska,
Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska,
Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the
purposes of this article, Alaska and Hawaii shall be deemed
contiguous to each other; to any and all of the states of
California, Oregon and Washington; and to Guam. Thereafter, this
compact shall enter into force and become effective and binding
as to any other of said states, or any other state contiguous to
at least one party state upon similar action by such state. Guam
may become party to this compact by taking action similar to that
provided for joinder by any other eligible party state and upon
the consent of Congress to such joinder. For the purposes of this
article, Guam shall be deemed contiguous to Alaska, Hawaii,
California, Oregon and Washington.
ARTICLE VIII
WITHDRAWAL AND TERMINATION
This compact shall continue in force and remain binding upon a
party state until it shall have enacted a statute repealing the
same and providing for the sending of formal written notice of
withdrawal from the compact to the appropriate officials of all
other party states. An actual withdrawal shall not take effect
until two years after the notices provided in said statute have
been sent. Such withdrawal shall not relieve the withdrawing
state from its obligations assumed hereunder prior to the
effective date of withdrawal. Before the effective date of
withdrawal, a withdrawing state shall remove to its territory, at
its own expense, such inmates as it may have confined pursuant to
the provisions of this compact.
ARTICLE IX
OTHER ARRANGEMENTS UNAFFECTED
Nothing contained in this compact shall be construed to
abrogate or impair any agreement or other arrangement which a
party state may have with a nonparty state for the confinement,
rehabilitation or treatment of inmates nor to repeal any other
laws of a party state authorizing the making of cooperative
institutional arrangements.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construed and
shall be severable. If any phrase, clause, sentence or provision
of this compact is declared to be contrary to the constitution of
any participating state or of the United States or the
applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of
this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If
this compact shall be held contrary to the constitution of any
state participating therein, the compact shall remain in full
force and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
_________________________________________________________________
SECTION 66. ORS 421.296 is amended to read:
421.296. The Interstate Forest Fire Suppression Compact is
enacted into law and entered into on behalf of this state with
all other states legally joining therein in a form substantially
as follows:
_________________________________________________________________
ARTICLE I
Purpose
The purpose of this compact is to provide for the development
and execution of programs to facilitate the use of offenders in
the forest fire suppression efforts of the party states for the
ultimate protection of life, property and natural resources in
the party states. The purpose of this compact is also, in
emergent situations, to allow a sending state to cross state
lines with an inmate when, because of weather or road conditions,
it is necessary to cross state lines to facilitate the transport
of an inmate.
ARTICLE II
Definitions
(1) 'Sending state' means a state party to this compact from
which a fire suppression unit is traveling.
(2) 'Receiving state' means a state party to this compact to
which a fire suppression unit is traveling.
(3) 'Inmate' means a male or female offender who is under
sentence to or confined in a prison or other correctional
institution.
(4) 'Institution' means any prison, reformatory, honor camp or
other correctional facility, except facilities for { - the
mentally ill or mentally handicapped - } { + persons with
mental illness or intellectual disabilities + }, in which inmates
may lawfully be confined.
(5) 'Fire suppression unit' means a group of inmates selected
by the sending states, corrections personnel and any other
persons deemed necessary for the transportation, supervision,
care, security and discipline of inmates to be used in forest
fire suppression efforts in the receiving state.
(6) 'Forest fire' means any fire burning in any land designated
by a party state or the federal land management agencies as
forestland.
ARTICLE III
Contracts
(1) Each party state may make one or more contracts with any
one or more of the other party states for the assistance of one
or more fire suppression units in forest fire suppression
efforts. Any such contract shall provide for matters as may be
necessary and appropriate to fix the obligations,
responsibilities and rights of the sending and receiving states.
(2) The terms and provisions of this compact shall be part of
any contract entered into by the authority of, or pursuant to,
this compact. Nothing in any such contract may be inconsistent
with this compact.
ARTICLE IV
Procedures and Rights
(1) Each party state shall appoint a liaison for the
coordination and deployment of the fire suppression units of each
party state.
(2) Whenever the duly constituted judicial or administrative
authorities in a state party to this compact, which has entered
into a contract pursuant to this compact, decide that the
assistance of a fire suppression unit of a party state is
required for forest fire suppression efforts, the authorities may
request the assistance of one or more fire suppression units of
any state party to this compact through an appointed liaison.
(3) Inmates who are members of a fire suppression unit shall at
all times be subject to the jurisdiction of the sending state and
at all times shall be under the ultimate custody of corrections
officers duly accredited by the sending state.
(4) The receiving state must make adequate arrangements for the
confinement of inmates who are members of a fire suppression unit
of a sending state in the event corrections officers duly
accredited by the sending state make a discretionary
determination that an inmate requires institutional confinement.
(5) Cooperative efforts shall be made by corrections officers
and personnel of the receiving state located at a fire camp with
the corrections officers and other personnel in the establishment
and maintenance of fire suppression unit base camps.
(6) All inmates who are members of a fire suppression unit of a
sending state shall be cared for and treated equally with such
similar inmates of the receiving state.
(7) Further, in emergent situations, a sending state shall be
granted authority and all the protections of this compact to
cross state lines with an inmate when, because of road
conditions, it is necessary to facilitate the transport of an
inmate.
ARTICLE V
Acts Not Reviewable
in Receiving State: Extradition
(1) If while located within the territory of a receiving state
there occurs against the inmate within such state any criminal
charge or if the inmate is suspected of committing within such
state a criminal offense, the inmate shall not be returned
without the consent of the receiving state until discharged from
prosecution or other form of proceeding, imprisonment or
detention for such offense. The duly accredited officers of the
sending state shall be permitted to transport inmates pursuant to
this compact through any and all states party to this compact
without interference.
(2) An inmate member of a fire suppression unit of the sending
state who is deemed to have escaped by a duly accredited
corrections officer of a sending state shall be under the
jurisdiction of both the sending state and the receiving state.
Nothing contained in this Article shall be construed to prevent
or affect the activities of officers and guards of any
jurisdiction directed toward the apprehension and return of an
escapee.
ARTICLE VI
Entry into Force
This compact shall enter into force and become effective and
binding upon approval of this compact by at least two of the
states from among the States of Idaho, Oregon and Washington.
ARTICLE VII
Withdrawal and Termination
This compact shall continue in force and remain binding upon a
party state until it shall have enacted a statute repealing the
same and providing for the sending of formal written notice of
withdrawal from the compact to the appropriate officials of all
other party states.
ARTICLE VIII
Other Arrangements Unaffected
Nothing contained in this compact shall be construed to
abrogate or impair any agreement which a party state may have
with a nonparty state for the confinement, rehabilitation or
treatment of inmates nor to repeal any other laws of a party
state authorizing the making of cooperative institutional
arrangements.
ARTICLE IX
Construction and Severability
The provisions of this compact shall be liberally construed and
shall be severable. If any phrase, clause, sentence or provision
of this compact is declared to be contrary to the constitution of
any participating state or of the United States or the
applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of
this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If
this compact shall be held contrary to the constitution of any
state participating therein, the compact shall remain in full
force and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
_________________________________________________________________
SECTION 67. ORS 426.500 is amended to read:
426.500. 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 { - mental
institution - } { + 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.
SECTION 68. Section 5, chapter 826, Oregon Laws 2009, as
amended by sections 18 and 18a, chapter 826, Oregon Laws 2009,
and section 32, chapter 658, Oregon Laws 2011, is amended to
read:
{ + Sec. 5. + } (1) A person barred from transporting,
shipping, possessing or receiving a firearm may file a petition
with the Psychiatric Security Review Board for relief from the
bar if:
(a) The person is barred from possessing a firearm under ORS
166.250 (1)(c)(D) or (E);
(b) The person is barred from receiving a firearm under ORS
166.470 (1)(e) or (f); or
(c) The person is barred from possessing, receiving, shipping
or transporting a firearm under 18 U.S.C. 922(d)(4) or (g)(4) as
the result of a state mental health determination.
(2) The petitioner shall serve a copy of the petition on:
(a) The Department of Human Services and the Oregon Health
Authority; and
(b) The district attorney in each county in which:
(A) The person was committed by a court to the Oregon Health
Authority, or adjudicated by a court as { - mentally ill - }
{ + a person with mental illness + }, under ORS 426.130;
(B) The person was committed by a court to the Department of
Human Services, or adjudicated by a court as in need of
commitment for residential care, treatment and training, under
ORS 427.290;
(C) The person was found guilty except for insanity under ORS
161.295;
(D) The person was found responsible except for insanity under
ORS 419C.411; or
(E) The person was found by a court to lack fitness to proceed
under ORS 161.370.
(3) Following receipt of the petition, the board shall conduct
a contested case hearing, make written findings of fact and
conclusions of law on the issues before the board and issue a
final order.
(4) The state and any person or entity described in subsection
(2) of this section may appear and object to and present evidence
relevant to the relief sought by the petitioner.
(5) The board shall grant the relief requested in the petition
if the petitioner demonstrates, based on the petitioner's
reputation, the petitioner's record, the circumstances
surrounding the firearm disability and any other evidence in the
record, that the petitioner will not be likely to act in a manner
that is dangerous to public safety and that granting the relief
would not be contrary to the public interest.
(6) If the board grants the relief requested in the petition,
the board shall provide to the Department of State Police the
minimum information necessary, as defined in ORS 181.740, to
enable the department to:
(a) Maintain the information and transmit the information to
the federal government as required under federal law; and
(b) Maintain a record of the person's relief from the
disqualification to possess or receive a firearm under ORS
166.250 (1)(c)(D) or (E) or 166.470 (1)(e) or (f).
(7) The petitioner may petition for judicial review of a final
order of the board. The petition shall be filed in the circuit
court of a county described in subsection (2)(b) of this section.
The review shall be conducted de novo and without a jury.
(8) A petitioner may take an appeal from the circuit court to
the Court of Appeals. Review by the Court of Appeals shall be
conducted in accordance with ORS 183.500.
(9) A person may file a petition for relief under this section
no more than once every two years.
(10) The board shall adopt procedural rules to carry out the
provisions of this section.
(11) As used in this section, 'state mental health
determination' means:
(a) A finding by a court that a person lacks fitness to proceed
under ORS 161.370;
(b) A finding that a person is guilty except for insanity of a
crime under ORS 161.295 or responsible except for insanity of an
act under ORS 419C.411 or any determination by the Psychiatric
Security Review Board thereafter;
(c) A commitment by a court to the Oregon Health Authority, or
an adjudication by a court that a person is { - mentally
ill - } { + a person with mental illness + }, under ORS
426.130; or
(d) A commitment by a court to the Department of Human
Services, or an adjudication by a court that a person is in need
of commitment for residential care, treatment and training, under
ORS 427.290.
{ +
APPLICABILITY + }
SECTION 69. { + The amendments to ORS 21.010, 109.322,
135.775, 161.370, 166.250, 166.291, 166.470, 179.473, 408.570,
419C.529, 421.245, 421.284, 421.296, 426.005, 426.010, 426.060,
426.070, 426.072, 426.074, 426.075, 426.090, 426.095, 426.100,
426.110, 426.120, 426.123, 426.125, 426.127, 426.130, 426.135,
426.140, 426.150, 426.155, 426.160, 426.170, 426.223, 426.228,
426.231, 426.232, 426.233, 426.234, 426.235, 426.237, 426.241,
426.250, 426.255, 426.273, 426.275, 426.278, 426.292, 426.297,
426.300, 426.301, 426.307, 426.310, 426.320, 426.335, 426.370,
426.385, 426.500, 428.310, 480.225, 677.225 and 680.205 and
section 5, chapter 826, Oregon Laws 2009, by sections 1 to 6, 8,
10 and 12 to 68 of this 2013 Act apply to proceedings initiated
under ORS 426.070, 426.228 to 426.235, 426.237, 426.300, 426.301
to 426.307 or 426.380 on or after the effective date of this 2013
Act. + }
{ +
CAPTIONS + }
SECTION 70. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
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