74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 155
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Department of Human Services)
CHAPTER ................
AN ACT
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 Oregon:
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 Oregon State Hospital, the { - Eastern
Oregon Psychiatric - } { + Blue Mountain Recovery + } Center
and the Eastern Oregon Training Center to better enable them
promptly to meet the advances and expenses necessary in the
matter of transferring patients to the state hospitals are
continued in existence. The superintendents shall present their
claims monthly with proper vouchers attached, showing the
expenditures from the special funds during the preceding month,
which claims, when approved by the Department of Human Services,
shall be paid by warrant upon the State Treasurer against the
fund appropriated to cover the cost of transporting the mentally
diseased.
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
Enrolled Senate Bill 155 (SB 155-INTRO) Page 1
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 Oregon State Hospital,
{ - Eastern Oregon Psychiatric - } { + Blue Mountain
Recovery + } Center, Eastern Oregon Training Center and any other
hospital established by law for similar purposes.
(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
Enrolled Senate Bill 155 (SB 155-INTRO) Page 2
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. + }
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Passed by Senate February 21, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House March 21, 2007
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Speaker of House
Enrolled Senate Bill 155 (SB 155-INTRO) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 155 (SB 155-INTRO) Page 4