71st OREGON LEGISLATIVE ASSEMBLY--2001 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 1540
House Bill 2395
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee)
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.
Allows investigator in civil commitment proceeding access to
Law Enforcement Data System. Directs investigator to include
pertinent arrests and convictions in investigation report. Allows
director of community mental health and developmental
disabilities program or director's designee access to Law
Enforcement Data System for purpose of determining whether there
is probable cause to believe person is dangerous to self or
others.
A BILL FOR AN ACT
Relating to civil commitment; creating new provisions; and
amending ORS 426.074 and 426.233.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 426.074 is amended to read:
426.074. The following is applicable to an investigation
initiated by a community mental health and developmental
disabilities 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 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 and developmental
disabilities program director or a designee receives a notice
under ORS 426.070 alleging that the person is mentally ill.
(b) Within 15 days from the date the community mental health
and developmental disabilities 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 and developmental disabilities
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 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 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 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, 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 as defined in ORS 426.005 (1)(d)(C),
the investigator shall be allowed access to medical records
necessary to verify the existence of criteria described in ORS
426.005 (1)(d)(C). The investigator shall include pertinent parts
of the medical record in the investigation report. Records and
communications described in this paragraph and communications
related thereto are not privileged under ORS 40.230, 40.235,
40.240 or 40.250.
{ + (d) The investigator shall have access to the Law
Enforcement Data System. The investigator shall include any
pertinent arrest or conviction in the investigation report. + }
(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
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 2. ORS 426.233 is amended to read:
426.233. (1)(a) A community mental health and developmental
disabilities program director operating under ORS 430.610 to
430.695 or a designee thereof, 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 and
developmental disabilities 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 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 and developmental disabilities
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 Mental Health and
Developmental Disability Services Division;
(B) Authorize involuntary admission of, or, if already
admitted, cause to be involuntarily retained in a nonhospital
facility approved by the division, a person approved for care or
treatment at a nonhospital facility by a physician under ORS
426.232;
(C) Notify a person authorized under subsection (3) of this
section to take the person into custody and direct the authorized
person to remove the person in custody to a hospital or
nonhospital facility approved by the Mental Health and
Developmental Disability Services Division;
(D) Direct a person authorized under subsection (3) of this
section to transport a person in custody from a hospital or a
nonhospital facility approved by the division to another hospital
or nonhospital facility approved by the division as provided
under ORS 426.235; or
(E) Direct a person authorized under subsection (3) of this
section to transport a person in custody from a facility approved
by the division to another facility approved by the division as
provided under ORS 426.060.
{ + (c) For purposes of making a probable cause determination
under this subsection, a community mental health and
developmental disabilities program director or a designee thereof
shall have access to the Law Enforcement Data System. + }
(2) A designee under subsection (1) of this section must be
recommended by the community mental health and developmental
disabilities program director, meet the standards established by
rule of the division 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 and developmental disabilities program
director, authorize any person to provide custody and secure
transportation services for a person in custody under ORS
426.228. In authorizing a person under this subsection, the
county governing body shall grant the person 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 and developmental disabilities 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
and developmental disabilities program director;
(d) Transfer a person in custody to another person 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 and
developmental disabilities 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 authorized under subsection (3) of this section
must be recommended by the community mental health and
developmental disabilities program director, meet the standards
established by rule of the division 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 authorized under
subsection (3) of this section shall be the responsibility of the
county whose peace officer or community mental health and
developmental disabilities program director directs the
authorized person to take custody of a person and to transport
the person to a facility approved by the division, but the county
shall not be responsible for costs that exceed the amount
provided by the state for that transportation. A person
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 in the same
manner that costs for the transportation of other persons are
charged and collected.
SECTION 3. { + (1) The amendments to ORS 426.074 by section 1
of this 2001 Act apply to investigations initiated on or after
the effective date of this 2001 Act.
(2) The amendments to ORS 426.233 by section 2 of this 2001 Act
apply to actions taken by a community mental health and
developmental disabilities program director or designee thereof
on or after the effective date of this 2001 Act. + }
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