Chapter 110 Oregon Laws 1999
Session Law
AN ACT
SB 342
Relating to youth offenders;
creating new provisions; and amending ORS 179.473, 179.475, 179.477 and
179.478.
Be It Enacted by the People of the State of Oregon:
SECTION 1. As used in ORS 179.473 to 179.478, unless
the context requires otherwise:
(1) "Youth correction
facility" has the meaning given that term in ORS 420.005.
(2) "Youth
offender" has the meaning given that term in ORS 419A.004.
SECTION 2.
ORS 179.473 is amended to read:
179.473. (1) Whenever the health and welfare of the person and
the efficient administration of the institution requires the transfer of an
inmate of a Department of Corrections institution or a [student of MacLaren School or Hillcrest School] youth offender in a youth correction
facility to another institution:
(a) The Department of Corrections or the Oregon Youth
Authority, with the consent of the Mental Health and Developmental Disability
Services Division, may transfer a person at any institution under its
jurisdiction to an institution for the mentally ill or mentally retarded, or,
with the consent of the Oregon Health Sciences University, to the Oregon Health
Sciences University.
(b) Except as provided in subsection (2) of this section, the
Department of Corrections or the Oregon Youth Authority may make a transfer of
a person from any institution under the jurisdiction of the department or
authority to any other institution under the jurisdiction of the department or
authority.
(2) A [student of] youth offender in a youth correction
facility may not be transferred to a Department of Corrections institution
under subsection (1) of this section. A [student
of] youth offender in a youth
correction facility who has been transferred to another institution may not be
transferred from such other institution to a Department of Corrections
institution.
SECTION 3.
ORS 179.475 is amended to read:
179.475. (1) An inmate of a Department of Corrections
institution or a [student of MacLaren
School or Hillcrest School] youth
offender in a youth correction facility may be transferred to a state
mental hospital listed in ORS 426.010, subject to rules of the Mental Health
and Developmental Disability Services Division, for up to 15 days for
evaluation or treatment at the request of the superintendent of the referring
institution. The inmate may remain in the state mental hospital for up to the
duration of the sentence or the [student]
youth offender may remain in the
state mental hospital for up to the duration of the commitment to the youth
correction facility if:
(a) The superintendent of the state mental hospital recommends
retention of the inmate or [student] youth offender for treatment of a
mental or emotional disturbance or alcohol or drug problem;
(b) The inmate or [student]
youth offender gives informed
consent to the transfer; and
(c) The superintendent of the referring Department of
Corrections institution or youth correction facility approves the proposed
treatment plan and continued transfer.
(2) An inmate or [student]
youth offender who has been
transferred to a state mental hospital under this section may be transferred
back to the referring institution if, in the opinion of the hospital
superintendent, the inmate or [student]
youth offender fails to meet the conditions
of the treatment plan or if the inmate or [student]
youth offender has received maximum
benefit from hospitalization.
(3) If an inmate who demonstrates satisfactory progress while
in a state mental hospital becomes eligible for parole, the inmate may be
considered for parole by the State Board of Parole and Post-Prison Supervision
without prior transfer back to the referring Department of Corrections
institution. If it is in the best interest of the inmate and society, the
inmate may be placed from the hospital to a local correctional or mental health
program.
(4) A [student] youth offender who demonstrates
satisfactory progress while in a state mental hospital and is eligible for
release from the youth correction facility may, with the approval of the youth
correction facility, be placed in the community without prior return to the
referring youth correction facility.
SECTION 4.
ORS 179.477 is amended to read:
179.477. (1) If, in the opinion of the superintendent of the
state mental hospital, an inmate or [student]
youth offender transferred to the
state mental hospital under ORS 179.475 (1) is mentally ill, as defined in ORS
426.005, and would benefit from the program of the state mental hospital, but
the inmate or [student] youth offender is unable or unwilling
to authorize continued treatment in the state mental hospital, the
superintendent may petition the court in the county where the hospital is
located for a commitment hearing pursuant to ORS 426.070. The hospital shall
provide the court an investigation report comparable to that required under ORS
426.070. Hospital staff shall not serve as examiners of this person for the
court under ORS 426.110. The inmate or [student]
youth offender shall have the same
rights as an allegedly mentally ill person under ORS 426.070 to 426.170. If the
person is determined not to be mentally ill, the inmate or [student] youth offender shall be returned to the referring institution
forthwith. If the inmate or [student] youth offender is determined to be
mentally ill by clear and convincing evidence, the person shall be committed to
the Mental Health and Developmental Disability Services Division for up to 180
days, with continued commitment subject to the provisions of ORS 426.301 to
426.307. Any time spent on commitment under ORS 426.130 or 426.307 or in a
state mental hospital shall be applied against the duration of the sentence to
the custody of the Department of Corrections or the commitment to a youth
correction facility. The Mental Health and Developmental Disability Services
Division shall receive approval of the Department of Corrections and State
Board of Parole and Post-Prison Supervision prior to placing an inmate on trial
visit under ORS 426.273 and 426.275. The Mental Health and Developmental Disability
Services Division shall receive approval of the youth correction facility prior
to placing a [student] youth offender on trial visit under ORS
426.273 and 426.275.
(2) If, at any time, the inmate or [student] youth offender
is determined by the hospital superintendent or by the court pursuant to ORS
426.307 to no longer be mentally ill, the person shall be promptly returned to
the referring institution and the commitment for mental illness terminated.
SECTION 5.
ORS 179.478 is amended to read:
179.478. (1) If the person, a relative, guardian or friend, or
institution staff have probable cause to believe that an inmate or [student] youth offender is mentally retarded to such a degree that the
inmate or [student] youth offender cannot adjust to or
benefit from the Department of Corrections institution or youth correction
facility, the superintendent of the institution shall request that a diagnostic
assessment be performed by the Mental Health and Developmental Disability
Services Division or its designee. If there is probable cause to believe that
the inmate or [student] youth offender is mentally retarded and
otherwise eligible for admission to a state hospital and training center for
the mentally retarded pursuant to ORS 427.010 and other applicable statutes and
rules of the Mental Health and Developmental Disability Services Division, the
person shall be entitled to a commitment hearing.
(2) If the inmate or [student]
youth offender is by clear and
convincing evidence determined by the court to be mentally retarded, the person
shall be committed and transferred to a hospital and training center designated
by the Mental Health and Developmental Disability Services Division as soon as
space in an appropriate unit is available, and any sentence to a Department of
Corrections institution or commitment to the youth correction facility shall be
terminated. The State Office for Services to Children and Families may retain
general wardship of the [student] youth offender, as it would for other
minors placed in its custody.
Approved by the Governor
April 23, 1999
Filed in the office of
Secretary of State April 23, 1999
Effective date October 23,
1999
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