74th OREGON LEGISLATIVE ASSEMBLY--2007 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 607
 
                           A-Engrossed
 
                         House Bill 2312
                Ordered by the House February 13
          Including House Amendments dated February 13
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary for Oregon Advocacy Center)
 
 
                             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.
 
  Provides mentally ill persons committed to Department of Human
Services right to daily access to fresh air and outdoors.   { +
Provides that person's right may be limited for specified
reasons.  Provides that if right is limited, person be informed
of limitation. + }
 
                        A BILL FOR AN ACT
Relating to rights of mentally ill persons committed to the
  Department of Human Services; amending ORS 426.385.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 426.385 is amended to read:
  426.385. (1) Every mentally ill person committed to the
Department of Human Services 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; + }
    { - (m) - }  { +  (n) + } Such other rights as may be
specified by rule; and
    { - (n) - }  { +  (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 and in
writing, of any limitation:
  (A) Of the right to send or receive sealed mail under
subsection (1)(b) of this section;   { - or - }
  (B) Regarding the disposal of personal property under
subsection   { - (1)(n) - }   { + (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 department.  The
person must be informed, verbally and in writing, of this right.
  (3) Mentally ill persons committed to the department shall have
the right to be free from potentially unusual or hazardous
treatment procedures, including convulsive therapy, unless they
have 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 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 treatment record and shall include
the reasons for the denial. No patient shall be subjected to
psychosurgery, as defined in ORS 677.190 (22)(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 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 department 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 from serious and immediate harm and the protection of
others from threats or harassment as defined by rule of the
department.
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