Chapter 14
AN ACT
SB 155
Relating to mental health treatment; amending ORS 161.315, 162.135,
179.321, 426.010, 426.330 and 430.335; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 426.010 is amended to read:
426.010. Except as
otherwise ordered by the Department of Human Services pursuant to ORS 179.325,
the Oregon State Hospital in Salem, Marion County, and the [Eastern Oregon Psychiatric] Blue
Mountain Recovery Center in Pendleton, Umatilla County, shall be used as
state hospitals for the care and treatment of mentally ill persons who are
assigned to the care of such institutions by the department or who have
previously been committed to such institutions.
SECTION 2.
ORS 426.330 is amended to read:
426.330. The special
funds authorized for the use of the superintendents of the
SECTION 3.
ORS 162.135 is amended to read:
162.135. As used in ORS
162.135 to 162.205, unless the context requires otherwise:
(1)(a) “Contraband”
means:
(A) Controlled
substances as defined in ORS 475.005;
(B) Drug paraphernalia
as defined in ORS 475.525;
(C) Except as otherwise
provided in paragraph (b) of this subsection, currency possessed by or in the
control of an inmate confined in a correctional facility; or
(D) Any article or thing
which a person confined in a correctional facility, youth correction facility or
state hospital is prohibited by statute, rule or order from obtaining or
possessing, and whose use would endanger the safety or security of such
institution or any person therein.
(b) “Contraband” does
not include authorized currency possessed by an inmate in a work release
facility.
(2) “Correctional
facility” means any place used for the confinement of persons charged with or
convicted of a crime or otherwise confined under a court order and includes but
is not limited to a youth correction facility. “Correctional facility” applies
to a state hospital or a secure intensive community inpatient facility only as
to persons detained therein charged with or convicted of a crime, or detained
therein after having been found guilty except for insanity of a crime under ORS
161.290 to 161.370.
(3) “Currency” means
paper money and coins that are within the correctional institution.
(4) “Custody” means the
imposition of actual or constructive restraint by a peace officer pursuant to
an arrest or court order, but does not include detention in a correctional
facility, youth correction facility or a state hospital.
(5) “Escape” means the
unlawful departure of a person from custody or a correctional facility. “Escape”
includes the unauthorized departure or absence from this state or failure to
return to this state by a person who is under the jurisdiction of the
Psychiatric Security Review Board. “Escape” does not include failure to comply
with provisions of a conditional release in ORS 135.245.
(6) “Youth correction
facility” means:
(a) A youth correction
facility as defined in ORS 420.005; and
(b) A detention facility
as defined in ORS 419A.004.
(7) “State hospital”
means the
(8) “Unauthorized
departure” means the unauthorized departure of a person confined by court order
in a youth correction facility or a state hospital that, because of the nature
of the court order, is not a correctional facility as defined in this section,
or the failure to return to custody after any form of temporary release or
transitional leave from a correctional facility.
SECTION 4.
ORS 179.321 is amended to read:
179.321. (1) The
Department of Human Services shall operate, control, manage and supervise the [Eastern Oregon Psychiatric] Blue
Mountain Recovery Center, the Eastern Oregon Training Center and the Oregon
State Hospital.
(2) The Department of
Corrections shall operate, control, manage and supervise those institutions
defined as Department of Corrections institutions in ORS 421.005.
SECTION 5.
ORS 161.315 is amended to read:
161.315. Upon filing of
notice or the introduction of evidence by the defendant as provided in ORS
161.309 (3), the state shall have the right to have at least one psychiatrist
or licensed psychologist of its selection examine the defendant. The state
shall file notice with the court of its intention to have the defendant examined.
Upon filing of the notice, the court, in its discretion, may order the
defendant committed to a state institution or any other suitable facility,
if the defendant is 18 years of age or older, for observation and
examination as [it] the court
may designate for a period not to exceed 30 days. If the defendant is under
18 years of age, upon filing of the notice, the court, in its discretion, may
order the defendant committed to a secure intensive community inpatient
facility designated by the Department of Human Services for observation and
examination as the court may designate for a period not to exceed 30 days.
If the defendant objects to the examiner chosen by the state, the court for
good cause shown may direct the state to select a different examiner.
SECTION 6.
ORS 430.335 is amended to read:
430.335. Subject to the
availability of funds therefor, the Department of Human Services may:
(1) Provide directly
through publicly operated treatment facilities, which shall not be considered
to be state institutions, or by contract with publicly or privately operated
profit or nonprofit treatment facilities, for the care of alcoholics or
drug-dependent persons.
(2) Sponsor and
encourage research of alcoholism and drug dependence.
(3) Seek to coordinate
public and private programs relating to alcoholism and drug dependence.
(4) Apply for federally
granted funds available for study or prevention and treatment of alcoholism and
drug dependence.
(5) Directly or by
contract with public or private entities, administer financial assistance, loan
and other programs to assist the development of drug and alcohol free housing.
SECTION 7. This
2007 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2007 Act takes
effect on its passage.
Approved by the Governor March 29, 2007
Filed in the office of Secretary of State March 29, 2007
Effective date March 29, 2007
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