ORS 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 adult in custody in a Department of Corrections institution or an adjudicated youth in a youth correction facility to another institution or facility:(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 a residential facility for persons with intellectual disabilities 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 adult in custody in a Department of Corrections institution to a state hospital listed in ORS 426.010 (State hospitals for persons with mental illness) for evaluation and treatment pursuant to rules adopted jointly by the Department of Corrections and the Oregon Health Authority.(c)
The Oregon Youth Authority may transfer an adjudicated youth or other person confined in a youth correction facility to a hospital or facility designated by the Oregon Health Authority for evaluation and treatment pursuant to rules adopted jointly by the Oregon Youth Authority and the Oregon Health Authority.(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 the Oregon Youth Authority to any other institution under the jurisdiction of the department or authority.(2)
An adjudicated youth in a youth correction facility may not be transferred to a Department of Corrections institution under subsection (1) of this section. An adjudicated youth 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 adult in custody or adjudicated youth with the rights to which persons are entitled under ORS 179.485 (Rights of person transferred to institution for persons with mental illness or intellectual disabilities).(b)
Provide that a transfer of an adult in custody or an adjudicated youth to the Oregon Health Authority 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.(c)
Provide for an administrative commitment hearing if:(A)
The Oregon Health Authority determines that administrative commitment for treatment for a mental illness is necessary or advisable or that the authority needs more than 30 days to stabilize or evaluate the adult in custody or adjudicated youth for treatment; and(B)
The adult in custody or adjudicated youth 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 adult in custody or adjudicated youth that an administrative commitment to a state hospital listed in ORS 426.010 (State hospitals for persons with mental illness) or a hospital or facility designated by the Oregon Health Authority 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 adult in custody or adjudicated youth to prepare for the hearing.(B)
Disclosure to the adult in custody or adjudicated youth, 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 adult in custody or adjudicated youth to be heard in person and to present documentary evidence.(D)
An opportunity, at the hearing, for the adult in custody or adjudicated youth 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 adult in custody or adjudicated youth 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 adult in custody or adjudicated youth or extending the transfer.(G)
A qualified and independent assistant for the adult in custody or adjudicated youth to be provided by the state if the adult in custody or adjudicated youth 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 adult in custody or an adjudicated youth may not be administratively committed involuntarily unless the independent decision maker finds by clear and convincing evidence that the adult in custody or adjudicated youth is a person with mental illness as defined in ORS 426.005 (Definitions for ORS 426.005 to 426.390).(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 adult in custody was sentenced or beyond the period of time that the adjudicated youth 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; 2009 c.595 §141; 2013 c.36 §50; 2013 c.360 §12; 2019 c.213 §48; 2021 c.489 §19]
Source:
Section 179.473 — Transfers between institutions; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors179.html.
COMPLETED CITATIONS: State v. Wolberg, 5 Or App 295, 483 P2d 104 (1971), Sup Ct review denied, cert. denied, 404 US 1015 (1972)
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