179.105 Acceptance of federal or other assistance to carry out general powers and duties; legislative or Emergency Board approval prior to expenditure

179.110 Use of federal grants; cooperation with federal agencies; disposition of balances of appropriations

179.130 Institutional petty cash fund; creation; reimbursement from appropriation for institution

179.140 Auditing and paying claims; approval of vouchers

179.150 Interest in contracts prohibited

CLAIM FOR INJURY OR DAMAGE

179.210 Claim for injury or damage; conditions

179.230 Rejection of claim final and not reviewable

179.240 Procedure where award due person owing debt to state

SUPERVISION OF STATE INSTITUTIONS

(Superintendent)

179.310 “Superintendent” defined

179.321 Responsibility to supervise state institutions

179.325 Change in use of institution for persons with mental illness or mental retardation

179.331 Appointment, suspension and removal of superintendents

179.340 Salaries and expenses of superintendents

179.360 Powers and duties of superintendents

179.370 Residence of superintendents at institutions

(Staff)

179.375 Chaplaincy services

179.380 Employment of staff; oaths and bonds

179.385 Scholarship programs to train personnel for institutions; rules

179.390 Appointment, suspension, removal and salaries of assistants, officers and employees; contract services

179.400 Rentals to officers and employees at institution

179.405 License required for teachers at institution

(Work at Institution)

179.440 Work in production of articles and performance of labor for state

179.450 Work on state-owned land

179.460 Sale and exchange of surplus products of institutions; rules; State Institutional Betterment Fund

(Transfer Procedures)

179.471 Definitions for ORS 179.473 and 179.478

179.473 Transfers between institutions; rules

179.478 Examination for mental retardation; commitment hearing; transfer to hospital or training center for persons with mental retardation; termination of sentence

179.479 Conveyance of inmates from institution to physician or hospital for treatment; rules

179.483 Time spent pursuant to transfer or conveyance counted as part of sentence

179.485 Rights of person transferred to institution for persons with mental illness or mental retardation

179.486 Payment of costs in connection with transfers and conveyances; medical reports to accompany certain inmates

(Medical Care)

179.490 Authorization and payment of cost of emergency and necessary operations

179.492 Dispensing of brand-name mental health drugs

(Records)

179.495 Disclosure of inmate written accounts; penalty

179.505 Disclosure of written accounts by health care services provider

179.507 Enforcement of ORS 179.495 and 179.505; actions; venue; damages

179.508 Disclosure of individually identifiable health information about inmate

179.509 Reports on deaths at institutions; compilation submitted to President and Speaker

(Funds of Inmates or Patients)

179.510 “Funds” defined; deposit of funds of institution residents with State Treasurer

179.520 Authorization to receive funds of wards; separate accounts

179.530 Disbursements from accounts; accountability

RESPONSIBILITY FOR COST OF CARE OF PERSONS IN STATE INSTITUTIONS

179.610 Definitions for ORS 179.610 to 179.770

179.620 Liability of person or estate for cost of care

179.640 Determination of ability to pay; rules; financial information; notice; order; hearing; appeal

179.653 Unpaid costs as lien on property; order; when appealable

179.655 Enforcement of lien; distraint warrant

179.660 Guardian or conservator for estate of person in institution

179.701 Determination of cost-of-care rates

179.711 Remittance of amounts due; refunds

179.731 Waiver of collection of amount payable

179.740 Collection from estates; settlement

179.745 Title to and transfer of property

DISCRIMINATION PROHIBITED

179.750 Equal care and services for persons in state institutions

RULES

179.770 Rules; employees

GENERAL PROVISIONS

179.010 “Institutions” defined. As used in this chapter, unless the context requires otherwise, “institutions” means the institutions designated in ORS 179.321. [Amended by 1969 c.597 §17; 1969 c.706 §62; 1971 c.301 §14; 1987 c.320 §106; 1987 c.321 §11; 2001 c.900 §26; 2003 c.14 §73]

179.020 [Repealed by 1969 c.199 §59]

179.030 [Amended by 1961 c.271 §1; repealed by 1969 c.199 §59]

179.040 General powers and duties. (1) The Department of Corrections and the Department of Human Services shall:

(a) Govern, manage and administer the affairs of the public institutions and works within their respective jurisdictions.

(b) Enter into contracts for the planning, erection, completion and furnishings of all new buildings or additions at their respective institutions.

(c) Subject to any applicable provisions of ORS 279A.125, 279A.255, 279A.275, 279A.280, 279A.285, 279A.290, 279B.025, 279B.240, 279B.270, 279B.275, 279B.280 and 283.110 to 283.395, enter into contracts for the purchase of supplies for their respective institutions.

(d) Make and adopt rules, not inconsistent with law, for the guidance of the Department of Corrections or the Department of Human Services and for the government of their respective institutions.

(2) The Department of Corrections and the Department of Human Services, respectively, may:

(a) Sue and plead in all courts of law and equity.

(b) Perform all legal and peaceful acts requisite and necessary for the successful management and maintenance of the institutions within their respective jurisdictions. [Amended by 1967 c.419 §57; 1969 c.597 §18; 1969 c.706 §63; 1987 c.320 §107; 2001 c.900 §27; 2003 c.794 §200]

179.045 Reports on convictions; forms; confidentiality. (1) The clerk of a circuit or county court shall cause a report to be made to the Department of Corrections on each offender convicted of a felony or misdemeanor in the court and on each juvenile found to be within the jurisdiction of the court by reason of a ground set forth in ORS 419B.100 (1)(a) or 419C.005 (1).

(2) The Department of Corrections shall prescribe forms for the reports required under subsection (1) of this section. Information required may include the name, age, sex, crime or action and disposition of the offender or juvenile and such other information as the department by rule may require. Such reports are confidential and may not be used in evidence. [1967 c.635 §1; 1969 c.597 §14; 1987 c.320 §108; 1993 c.33 §317]

179.050 Authority to hold property. The Department of Corrections and the Department of Human Services may receive, take and hold property, both real and personal, for any institution within their respective jurisdictions. Title shall be taken in the name of the state. [Amended by 1969 c.597 §21; 1971 c.615 §11; 1987 c.320 §109; 2001 c.900 §28]

179.055 Disposition of income from property; maintenance of property. (1) The revenue from the rental or lease of property administered by an institution governed or managed by the Department of Corrections or the Department of Human Services, except dormitory and housing rentals at institutions governed by either department, shall be deposited in the account of the respective department for use by the respective department to pay for the cost of administration, taxes, repairs and improvements on the property.

(2) The Department of Corrections or Department of Human Services may request the Oregon Department of Administrative Services to make necessary repairs and improvements on the property described in subsection (1) of this section to be paid for by the Department of Corrections or Department of Human Services from the proceeds derived from such rental or lease of the property or from appropriations otherwise available. [1961 c.652 §2(1),(2); 1969 c.597 §22; 1969 c.706 §64; 1971 c.615 §12; 1981 c.106 §10; 1983 c.599 §1; 1987 c.320 §110; 2001 c.900 §29]

179.060 [Repealed by 1969 c.597 §281]

179.065 Furnishing utilities for institutions. The Department of Corrections and the Department of Human Services shall have the same powers with respect to furnishing heat, light, power, sewage, fire protection and communications facilities to institutions under their respective jurisdictions as is granted to the Oregon Department of Administrative Services under ORS 276.210 to 276.228, 276.234 to 276.244, 276.250 and 276.252. The powers shall be exercised in accordance with and subject to the provisions of such sections. [1969 c.597 §20; 1987 c.320 §111; 2001 c.900 §30]

179.070 [Repealed by 1969 c.199 §59]

179.080 [Repealed by 1969 c.199 §59]

179.090 [Amended by 1965 c.476 §9; 1967 c.2 §1; repealed by 1969 c.199 §59]

179.100 [Repealed by 1969 c.199 §59]

179.105 Acceptance of federal or other assistance to carry out general powers and duties; legislative or Emergency Board approval prior to expenditure. (1) For a purpose of ORS 179.040, including aid and support of research in any of the institutions, the Department of Corrections and the Department of Human Services may in their respective discretions accept from the United States or any of its agencies financial assistance and grants in the form of money or labor, or from any other source any donation or grant of land or gift of money or any other thing. Funds accepted in accordance with the provisions of this section and ORS 179.110 shall be deposited with the State Treasurer and, subject to subsection (2) of this section, are continuously appropriated to the Department of Corrections or Department of Human Services, as appropriate, and may be expended by the department according to the conditions and terms of the grant or donation.

(2) Funds received under subsection (1) of this section or ORS 179.110 shall be expended subject to expenditure limitations imposed on the Department of Corrections or Department of Human Services by the Legislative Assembly or, in the absence of such limitations, only after approval of the Legislative Assembly or of the Emergency Board, if approval is required during the interim between sessions of the Legislative Assembly.

(3) In any case where prior approval of the authority to expend any funds available under subsection (1) of this section or ORS 179.110 is imposed as a term or condition of receipt of such funds, the Legislative Assembly or the Emergency Board may approve expenditures of such funds prior to their receipt. [1961 c.651 §4; 1967 c.55 §1; 1969 c.597 §23; 1987 c.320 §112; 2001 c.900 §31; 2003 c.14 §74; 2005 c.755 §2]

179.110 Use of federal grants; cooperation with federal agencies; disposition of balances of appropriations. Subject to the approval of the Director of the Oregon Department of Administrative Services, the Department of Corrections and the Department of Human Services, respectively, may accept and receive grants of funds from the United States or any of its agencies for the construction, equipment and betterment of any of the institutions under its jurisdiction and may cooperate with the United States or its agencies in such construction, equipment and betterment. Any balances of appropriations for capital outlay for any institution resulting from the use of funds so received shall be placed in a common fund. The Department of Corrections and the Department of Human Services are authorized and empowered in their discretion to expend such common fund or any portion thereof in the construction, equipment or betterment of any institution under its jurisdiction. [Amended by 1961 c.651 §1; 1969 c.597 §24; 1987 c.320 §113; 2001 c.900 §32]

179.115 [1957 c.602 §2; repealed by 1969 c.199 §59]

179.120 [Amended by 1961 c.651 §2; repealed by 1967 c.55 §2]

179.122 [1959 c.290 §13; 1965 c.616 §87; renumbered 423.070]

179.130 Institutional petty cash fund; creation; reimbursement from appropriation for institution. (1) The executive head of each institution may execute a claim voucher against the Institutional Betterment Fund to the credit of the institution, in favor of the executive head of the institution, in such amount as shall be approved by the Director of the Oregon Department of Administrative Services, for use by the institution as a revolving fund in paying the petty claims and incidental expenses arising in the proper conduct of the institution. The executive head may establish petty cash funds within the revolving fund by drawing checks upon the revolving fund payable to the custodians. Petty cash funds established to disburse funds to residents shall be kept separate from petty cash funds established to pay incidental expenses of the institution.

(2) The executive head shall reimburse the revolving fund by drawing upon funds appropriated for the expenses of the institution or, when funds have been disbursed to a resident, by drawing upon the trust account created in ORS 179.510. [Amended by 1969 c.597 §15; 1999 c.829 §1]

179.140 Auditing and paying claims; approval of vouchers. Subject to any applicable provision of ORS 279A.125, 279A.255, 279A.275, 279A.280, 279A.285, 279A.290, 279B.025, 279B.240, 279B.270, 279B.275, 279B.280, 283.110 to 283.395 and 291.232 to 291.260, all claims for supplies or materials furnished or services rendered to institutions shall be audited and approved as provided by law, upon the presentation of duly verified vouchers therefor, approved in writing by the Director of the Department of Corrections or by the Director of Human Services, or by their designees. [Amended by 1971 c.63 §1; 1973 c.248 §1; 1987 c.320 §114; 2001 c.900 §33; 2003 c.794 §201]

179.150 Interest in contracts prohibited. No officer of the Department of Corrections or the Department of Human Services or officer, employee or other person connected with an institution shall be pecuniarily interested in any contract for supplies or services furnished or rendered to an institution, other than the services of regular employment. [Amended by 1971 c.63 §2; 1987 c.320 §115]

179.160 [1955 c.242 §1; subsection (2) enacted as 1961 c.652 §2 (3); 1969 c.597 §25; 1971 c.615 §13; 1981 c.106 §11; repealed by 1983 c.599 §10]

CLAIM FOR INJURY OR DAMAGE

179.210 Claim for injury or damage; conditions. (1) The Department of Human Services, the Department of Corrections and the Superintendent of Public Instruction may audit, allow and pay a claim for damage to property made by an employee of one of those agencies if:

(a) The damage to property arises out of the claimant’s employment at one of the institutions or facilities operated by the Department of Human Services or the Department of Corrections, or one of the schools operated by the Superintendent of Public Instruction under ORS 346.010; and

(b) The employee files a written claim with the employee’s employer within 180 days after the employee discovers or should have discovered the damage.

(2) No claim under subsection (1) of this section shall be paid:

(a) That exceeds, in the aggregate with payments of other claims, the moneys appropriated for such purpose.

(b) To the extent that the person incurring damage has been or may be compensated by liability insurance or otherwise.

(c) If the Department of Human Services, the Department of Corrections or the Superintendent of Public Instruction determines the cause or occasion of the accident resulting in damage is chargeable to the conduct or negligence of the party damaged. [1965 c.476 §§2,3; 1967 c.454 §89; 1969 c.597 §29; 1971 c.301 §15; 1987 c.320 §116; 1995 c.452 §1; 2007 c.858 §57]

179.220 [1965 c.476 §4; 1969 c.597 §30; repealed by 1995 c.452 §5]

179.230 Rejection of claim final and not reviewable. The decision of the Department of Human Services, the Department of Corrections or the Superintendent of Public Instruction to reject any claim filed under ORS 179.210 is final, and is not subject to review under ORS chapter 183, or by any other agency or court. The provisions of this section do not affect any other remedy that may be available to the claimant under law. [1965 c.476 §5; 1967 c.454 §90; 1969 c.597 §31; 1987 c.410 §6; 1995 c.452 §2]

179.240 Procedure where award due person owing debt to state. (1) If any person owes a debt to this state or a state agency, and the debt has been fixed by final judgment of a court of competent jurisdiction or is no longer subject to judicial review, the Department of Corrections or the Department of Human Services shall deduct the amount of the debt from any award made to that person under ORS 179.210.

(2) The Department of Corrections or the Department of Human Services shall request the State Treasurer to transfer to the appropriate fund or account to which the debt is owed, an amount equal to the amount deducted from the award under subsection (1) of this section, for use during that biennium in accordance with law by the state agency administering the fund or account to which the debt is owed. The State Treasurer shall evidence the transfer by proper bookkeeping entries. If the Department of Corrections, Department of Human Services or State Treasurer cannot determine the appropriate fund or account, the amount shall be transferred to the General Fund for general governmental purposes.

(3) Any debt owed by a person to this state or a state agency is satisfied, upon the completion of a transfer made pursuant to subsection (2) of this section, to the extent of the amount so transferred. [1965 c.476 §6; 1987 c.320 §117; 1995 c.452 §3; 2001 c.900 §34]

179.250 [1965 c.476 §7; 1969 c.597 §32; repealed by 1995 c.452 §5]

SUPERVISION OF STATE INSTITUTIONS

(Superintendent)

179.310 “Superintendent” defined. When used in ORS 179.010 to 179.495, unless the context otherwise requires, “superintendents” means the executive heads of the institutions listed in ORS 179.321.

179.320 [Amended by 1955 c.651 §2; 1955 c.660 §25; 1959 c.588 §17; 1963 c.632 §5; repealed by 1965 c.616 §78 (179.321 enacted in lieu of 179.320)]

179.321 Responsibility to supervise state institutions. (1) The Department of Human Services shall operate, control, manage and supervise the 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. [1965 c.616 §79 (enacted in lieu of 179.320); 1969 c.597 §38; 1971 c.212 §5; 1971 c.301 §16; 1971 c.401 §82; 1983 c.505 §12; 1983 c.740 §43; 1987 c.320 §118; 2001 c.900 §35; 2007 c.14 §4]

179.323 [1967 c.346 §§1,2; repealed by 1969 c.199 §59]

179.325 Change in use of institution for persons with mental illness or mental retardation. The Department of Human Services may order the change, in all or part, of the purpose and use of any state institution being used as an institution for the care and treatment of persons with mental illness or mental retardation in order to care for persons committed to its custody whenever the department determines that a change in purpose and use will better enable the state to meet its responsibilities to persons with mental illness or mental retardation. In determining whether to order the change, the department shall consider changes in the number and source of the admissions of persons with mental illness or mental retardation. [1965 c.595 §1; 1969 c.597 §39; 1979 c.683 §3; 2007 c.70 §41]

179.330 [Amended by 1963 c.471 §1; repealed by 1965 c.616 §80 (179.331 enacted in lieu of 179.330)]

179.331 Appointment, suspension and removal of superintendents. (1) The superintendents shall be appointed and, whenever the public service requires such action, may be removed, suspended or discharged, as follows:

(a) Superintendents of institutions described in ORS 179.321 (1), by the Director of Human Services.

(b) Superintendents of Department of Corrections institutions as defined in ORS 421.005, by the Director of the Department of Corrections.

(2) For purposes of the State Personnel Relations Law, the superintendents are assigned to the unclassified service. [1965 c.616 §81 (enacted in lieu of 179.330); 1969 c.597 §26; 1971 c.301 §17; 1987 c.320 §119; 2003 c.14 §75]

179.340 Salaries and expenses of superintendents. (1) The annual salaries of the superintendents shall be fixed, within the respective appropriations therefor and the limitations otherwise fixed by law by their respective appointing authorities.

(2) The superintendents shall receive no fees, emoluments or compensation other than salaries fixed under subsection (1) of this section, but shall receive their actual traveling expenses when traveling in the service of the state. [Amended by 1963 c.471 §2; 1965 c.616 §82; 1969 c.597 §27]

179.350 [Amended by 1969 c.597 §28; repealed by 1987 c.320 §246]

179.360 Powers and duties of superintendents. (1) Each superintendent shall:

(a) Have custody of the residents of the institution under jurisdiction of the superintendent.

(b) Direct the care, custody and training of the residents unless otherwise directed by law or by rule.

(d) Promote the mental, moral and physical welfare and development of the residents.

(e) Enjoy the other powers and privileges and perform the other duties that are prescribed by law or by rule or that naturally attach themselves to the position of superintendent.

(f) Designate a physician licensed by the Oregon Medical Board to serve as chief medical officer as provided in ORS 426.020 and 427.010, who will be directly responsible to the superintendent for administration of the medical treatment programs at the institution and assume such other responsibilities as are assigned by the superintendent.

(2) The Director of the Department of Corrections or the Director of Human Services shall prescribe for their respective institutions:

(a) The duties of the superintendents where the duties are not prescribed by law.

(b) The additional duties, beyond those prescribed by law, that the Director of the Department of Corrections or the Director of Human Services considers necessary for the good of the public service. [Amended by 1969 c.391 §14; 1969 c.597 §34; 1979 c.683 §4; 1987 c.320 §120; 2001 c.900 §36]

179.370 Residence of superintendents at institutions. The Director of the Department of Corrections or the Director of Human Services may require that a superintendent reside in state-provided housing at the institution under the jurisdiction of the superintendent. The rental shall be determined pursuant to ORS 182.425. [Amended by 1959 c.80 §1; 1969 c.597 §35; 1977 c.583 §1; 1987 c.320 §120a; 1989 c.171 §21]

(Staff)

179.375 Chaplaincy services. (1) The Department of Corrections and the Department of Human Services shall insure that adequate chaplaincy services, including but not limited to Protestant and Roman Catholic, are available at their respective institutions.

(2) Chaplains serving the various institutions shall, with respect to the inmates or patients at such institutions:

(a) Provide for and attend to their spiritual needs.

(b) Visit them for the purpose of giving religious and moral instruction.

179.380 Employment of staff; oaths and bonds. (1) The Department of Corrections and the Department of Human Services shall authorize the employment of all necessary physicians, attendants, nurses, engineers, messengers, clerks, guards, cooks, waiters and other officers and employees not specifically authorized by law and necessary to the successful maintenance of their respective institutions. The amounts expended for the services of such officers and employees shall not exceed the amounts provided therefor in the biennial appropriations for the institution.

(2) The Department of Corrections and the Department of Human Services shall designate in their respective rules which employees shall be officers, and shall require all officers to take and subscribe to an oath of office and, if the circumstances require it, to furnish bonds. [Amended by 1969 c.597 §36; 1987 c.320 §122; 1999 c.59 §35; 2001 c.900 §37]

179.385 Scholarship programs to train personnel for institutions; rules. The Department of Corrections and the Department of Human Services, respectively, may establish scholarship programs to provide assistance in securing qualified personnel at state institutions governed by them. Scholarships authorized by this section shall be granted in accordance with rules and regulations adopted respectively by the departments. [1961 c.363 §2; 1987 c.320 §123; 2001 c.900 §38]

179.390 Appointment, suspension, removal and salaries of assistants, officers and employees; contract services. (1) The superintendent of an institution other than an institution within the jurisdiction of the Department of Human Services shall, subject to the approval of the Director of Human Services or the Director of the Department of Corrections, appoint in the manner provided by law all assistants, officers and other employees at the institution under the jurisdiction of the superintendent. The superintendent may suspend or remove an assistant, officer or other employee in the manner provided by law, reporting all acts of suspension or removal to the Director of Human Services or Director of the Department of Corrections for approval or disapproval. The Director of Human Services or Director of the Department of Corrections shall fix the salaries of assistants, officers and employees where their salary is not fixed by law. The Director of Human Services or Director of the Department of Corrections shall, subject to any applicable provisions of the State Personnel Relations Law, suspend or discharge any subordinate of a superintendent when public service requires such action.

(2) The Director of Human Services or a designee at each facility under jurisdiction of the Department of Human Services shall, as provided by law, appoint, suspend or discharge an employee of the department. The Director of Human Services may designate up to three employees at each facility to act in the name of the director in accordance with ORS 240.400.

(3) In addition to or in lieu of employing physicians, the Director of the Department of Corrections or the designee thereof may contract for the personal services of physicians licensed to practice medicine by the Oregon Medical Board to serve as medical advisors for the Department of Human Services. Advisors under such contracts shall be directly responsible for administration of medical treatment programs at penal and correctional institutions, as defined in ORS 421.005. [Amended by 1969 c.597 §37; 1973 c.807 §1; 1987 c.78 §1; 1987 c.320 §123a; 2001 c.900 §39]

179.400 Rentals to officers and employees at institution. The superintendent of an institution may rent state-provided housing located at the institution under the jurisdiction of the superintendent to state officers and employees or others. The rental shall be determined pursuant to ORS 182.425. [Amended by 1977 c.583 §2]

179.405 License required for teachers at institution. No Department of Corrections institutions, youth correction facilities as defined in ORS 420.005 and institutions listed in ORS 427.010 shall employ persons regularly as teachers who are not licensed. [Formerly 342.174; 2001 c.295 §16]

Note: 179.405 was added to and made a part of ORS chapter 179 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

179.410 [Repealed by 1969 c.597 §281]

179.420 [Repealed by 1969 c.597 §281]

179.430 [Repealed by 1969 c.597 §281]

(Work at Institution)

179.440 Work in production of articles and performance of labor for state. In order to minimize the cost of maintaining the institutions, all wards of the state who are capable of a reasonable amount of work without physical or mental injury to themselves shall be used as fully as possible in the production and manufacture of articles for the use of the state and in the performance of labor for the state.

179.450 Work on state-owned land. The Department of Corrections may direct the employment of able-bodied persons at the Department of Corrections institutions and the Department of Human Services may direct the employment of able-bodied persons at institutions for persons with mental illness or mental retardation, in the performance of useful work upon land owned by the state if it does not compete with free labor. Work may not be performed upon any such land except by consent and approval of the agency of the state having management of the land. [Amended by 1955 c.660 §26; 1965 c.616 §86; 1987 c.320 §124; 2007 c.70 §42]

179.460 Sale and exchange of surplus products of institutions; rules; State Institutional Betterment Fund. (1) In order to encourage industry and thereby increase productiveness in the institutions, the Department of Corrections and the Department of Human Services shall prescribe rules and regulations for the sale and exchange of surplus products of each.

(2) The funds derived from the sale of the surplus products shall be paid into the State Treasury and become a part of a fund to be known as the State Institutional Betterment Fund, which fund shall be expended by the Department of Corrections and the Department of Human Services, respectively, for the benefit of the institutions in proportion to the amount earned by each.

(3) The provisions of this section apply to schools operated under ORS 346.010. [Amended by 1971 c.301 §18; 1987 c.320 §125; 2001 c.900 §40; 2007 c.858 §58]

179.470 [Repealed by 1969 c.597 §281]

(Transfer Procedures)

179.471 Definitions for ORS 179.473 and 179.478. As used in ORS 179.473 and 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. [1999 c.110 §1]

Note: 179.471 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 179 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

179.473 Transfers between institutions; rules. (1) Whenever the health and welfare of the person and the efficient administration of the institution require the transfer of an inmate of a Department of Corrections institution or a 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 Department of Human Services, may transfer a person at any institution under its jurisdiction to an institution for persons with mental retardation, or, with the consent of the Oregon Health and Science University, to the Oregon Health and Science University.

(b) The Department of Corrections may transfer an inmate of a Department of Corrections institution to a state mental hospital listed in ORS 426.010 for evaluation and treatment pursuant to rules adopted jointly by the Department of Corrections and the Department of Human Services.

(c) The Oregon Youth Authority may transfer a youth offender or other person confined in a youth correction facility to a hospital or facility designated by the Department of Human Services for evaluation and treatment pursuant to rules adopted jointly by the Oregon Youth Authority and the Department of Human Services.

(d) 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 youth offender in a youth correction facility may not be transferred to a Department of Corrections institution under subsection (1) of this section. A 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.

(3) The rules adopted under subsection (1)(b) and (c) of this section must:

(a) Provide the inmate or youth offender with the rights to which persons are entitled under ORS 179.485.

(b) Provide that a transfer of an inmate or a youth offender to the Department of Human Services for stabilization and evaluation for treatment may not exceed 30 days unless the transfer is extended pursuant to a hearing required by paragraph (c) of this subsection.

(A) The Department of Human Services determines that administrative commitment for treatment for a mental illness is necessary or advisable or that the Department of Human Services needs more than 30 days to stabilize or evaluate the inmate or youth offender for treatment; and

(B) The inmate or youth offender does not consent to the administrative commitment or an extension of the transfer.

(d) Provide for, at a minimum, all of the following for the administrative commitment hearing process:

(A) Written notice to the inmate or youth offender that an administrative commitment to a state mental hospital listed in ORS 426.010 or a hospital or facility designated by the Department of Human Services or an extension of the transfer is being considered. The notice required by this subparagraph must be provided far enough in advance of the hearing to permit the inmate or youth offender to prepare for the hearing.

(B) Disclosure to the inmate or youth offender, at the hearing, of the evidence that is being relied upon for the administrative commitment or the extension of the transfer.

(C) An opportunity, at the hearing, for the inmate or youth offender to be heard in person and to present documentary evidence.

(D) An opportunity, at the hearing, for the inmate or youth offender to present the testimony of witnesses and to confront and cross-examine witnesses called by the state. The opportunity required by this subparagraph may be denied upon a finding by the decision maker of good cause for not permitting the inmate or youth offender to present the testimony of witnesses or confront or cross-examine witnesses called by the state.

(E) An independent decision maker for the hearing.

(F) A written statement by the decision maker of the evidence relied upon by the decision maker and the reasons for administratively committing the inmate or youth offender or extending the transfer.

(G) A qualified and independent assistant for the inmate or youth offender to be provided by the state if the inmate or youth offender is financially unable to provide one.

(H) Effective and timely notice of the procedures required by subparagraphs (A) to (G) of this paragraph.

(e) Provide that an inmate or a youth offender may not be administratively committed involuntarily unless the independent decision maker finds by clear and convincing evidence that the inmate or youth offender is a mentally ill person as defined in ORS 426.005.

(f) Provide that the duration of an administrative commitment pursuant to an administrative commitment hearing be no more than 180 days unless the administrative commitment is renewed in a subsequent administrative commitment hearing. Notwithstanding this paragraph, an administrative commitment may not continue beyond the term of incarceration to which the inmate was sentenced or beyond the period of time that the youth offender may be placed in a youth correction facility. [1965 c.616 §84 (enacted in lieu of 179.474); 1969 c.597 §40; 1975 c.662 §1; 1977 c.601 §1; 1987 c.320 §126; 1997 c.249 §52; 1999 c.110 §2; 2005 c.439 §§1,2; 2007 c.70 §43]

179.474 [1957 c.160 §1; repealed by 1965 c.616 §83 (179.473 enacted in lieu of 179.474)]

179.475 [1977 c.601 §3; 1987 c.320 §127; 1999 c.110 §3; repealed by 2005 c.439 §5]

179.476 [1957 c.160 §2; 1965 c.616 §85; 1969 c.597 §41; 1975 c.662 §2; repealed by 1977 c.601 §8]

179.477 [1977 c.601 §4; 1979 c.408 §6; 1985 c.242 §6; 1987 c.320 §128; 1999 c.110 §4; 2001 c.104 §59; repealed by 2005 c.439 §5]

179.478 Examination for mental retardation; commitment hearing; transfer to hospital or training center for persons with mental retardation; termination of sentence. (1) If the person, a relative, guardian or friend, or institution staff have probable cause to believe that an inmate or youth offender is a person with mental retardation to such a degree that the inmate or 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 Department of Human Services or its designee. If there is probable cause to believe that the inmate or youth offender is a person with mental retardation and otherwise eligible for admission to a state training center pursuant to ORS 427.010 and other applicable statutes and rules of the Department of Human Services, the person shall be entitled to a commitment hearing.

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Oregon Chapter 179

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