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 1614
 
                         House Bill 2405
 
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.
 
  Requires Mental Health and Developmental Disability Services
Division to consult with director of community mental health and
developmental disabilities program in county where mentally ill
person resides, or in county designated by division, before
releasing mentally ill person from hospital or facility prior to
end of period of commitment. Requires appointment of community
commitment coordinator in county to work with mentally ill person
during period of commitment. Specifies duties of community
commitment coordinator.
  Appropriates moneys from General Fund to Mental Health and
Developmental Disability Services Division for allocation to
community mental health and developmental disabilities programs
for expenses of community commitment coordinators working with
mentally ill persons during period of commitment.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to civil commitments; creating new provisions; amending
  ORS 426.292; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 426.292 is amended to read:
  426.292.  { + (1) Subject to subsection (2) of this
section, + } nothing in this chapter   { - and - }   { + or + }
ORS 430.397 to 430.401 prohibits the Mental Health and
Developmental Disability Services Division 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 - } .
   { +  (2) The Mental Health and Developmental Disability
Services Division may release a person under subsection (1) of
this section if:
  (a) In the opinion of the director of the hospital or other
facility or the treating physician, the person is no longer
mentally ill; and
  (b) Prior to the release, the division consults with the
director of the community mental health and developmental
 
disabilities program in the county where the person resides or in
a county designated by the division. + }
  SECTION 2.  { + Section 3 of this 2001 Act is added to and made
a part of ORS 426.005 to 426.390. + }
  SECTION 3.  { + (1) After a person is committed to the Mental
Health and Developmental Disability Services Division under ORS
426.130, the director of the community mental health and
developmental disabilities program in the county where the person
resides, or in a county designated by the division, shall assign
a community commitment coordinator to work with the person until
the expiration of the period of commitment.
  (2) The community commitment coordinator shall:
  (a) In conjunction with the mentally ill person, participate in
planning for the person's release from the hospital or other
facility;
  (b) Coordinate various support and outpatient services;
  (c) Monitor the conditions of trial visits under ORS 426.273,
outpatient commitment under ORS 426.127 and conditional release
under ORS 426.125; and
  (d) Participate in preparation of a written discharge plan for
any person committed under ORS 426.130, in conjunction with the
mentally ill person, any outpatient provider and the director of
the hospital or facility or the treating physician.
  (3) The Mental Health and Developmental Disability Services
Division shall adopt rules necessary to carry out the provisions
of this section. + }
  SECTION 4.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Mental Health and
Developmental Disability Services Division, for the biennium
beginning July 1, 2001, out of the General Fund, the amount of
$1.5 million, to be expended for the purpose of carrying out the
provisions of section 3 of this 2001 Act. + }
  SECTION 5.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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