72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1223
 
                         House Bill 2085
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Committee on
  Judiciary for National Alliance for the Mentally Ill)
 
 
                             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 Department of Human Services to consult with director
of community mental health and developmental disabilities program
in county where mentally ill person resides, or in county
designated by department, 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 Department of Human
Services 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 commitment; 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 Department of Human Services
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 department 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 department 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 department. + }
 
  SECTION 2.  { + Section 3 of this 2003 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
Department of Human Services 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 department, 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 department 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 Department of Human
Services, for the biennium beginning July 1, 2003, 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 2003
Act. + }
  SECTION 5.  { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
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