ORS 179.478
Examination for intellectual disability

  • commitment hearing
  • transfer to facility for persons with intellectual disability
  • termination of sentence

(1)

If an adult in custody or adjudicated youth, a relative, guardian or friend of an adult in custody or adjudicated youth, or institution staff have probable cause to believe that an adult in custody or adjudicated youth is a person with an intellectual disability to such a degree that the adult in custody or adjudicated youth 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 evaluation described in ORS 427.105 (Diagnostic evaluations) be performed by the Department of Human Services or its designee. If there is probable cause to believe that the adult in custody or adjudicated youth is a person with an intellectual disability and is in need of commitment for residential care, treatment and training pursuant to ORS 427.235 (Notice to court of need for commitment) to 427.290 (Determination by court of need for commitment), the adult in custody or adjudicated youth shall be entitled to a commitment hearing.

(2)

If the adult in custody or adjudicated youth is by clear and convincing evidence determined by the court to be a person with an intellectual disability and is in need of commitment for residential care, treatment and training, the person shall be committed to the Department of Human Services and transferred to a facility designated by the department as soon as space in an appropriate facility is available, and any sentence to a Department of Corrections institution or commitment to the youth correction facility shall be terminated. [1977 c.601 §5; 1979 c.683 §35; 1987 c.320 §129; 1999 c.110 §5; 2001 c.900 §41; 2007 c.70 §44; 2011 c.658 §33; 2013 c.36 §51; 2019 c.213 §49; 2021 c.489 §20]

Source: Section 179.478 — Examination for intellectual disability; commitment hearing; transfer to facility for persons with intellectual disability; termination of sentence, https://www.­oregonlegislature.­gov/bills_laws/ors/ors179.­html.

179.010
Definitions 179.040
General powers and duties 179.045
Reports on convictions 179.050
Authority to hold property 179.055
Disposition of income from property 179.065
Furnishing utilities for institutions 179.105
Acceptance of federal or other assistance to carry out general powers and duties 179.110
Use of federal grants 179.130
Institutional petty cash fund 179.140
Auditing and paying claims 179.150
Interest in contracts prohibited 179.210
Claim for injury or damage 179.230
Rejection of claim final and not reviewable 179.240
Procedure where award due person owing debt to state 179.310
“Superintendent” defined 179.321
Responsibility to supervise state institutions 179.325
Change in use of institution for persons with developmental disabilities or mental illness 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 179.375
Chaplaincy services 179.380
Employment of staff 179.385
Scholarship programs to train personnel for institutions 179.390
Appointment, suspension, removal and salaries of assistants, officers and employees 179.400
Rentals to officers and employees at institution 179.405
License required for teachers 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 179.471
Definitions for ORS 179.473 and 179.478 179.473
Transfers between institutions 179.478
Examination for intellectual disability 179.479
Conveyance of adults in custody from institution to physician or hospital for treatment 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 intellectual disabilities 179.486
Payment of costs in connection with transfers and conveyances 179.490
Authorization and payment of cost of emergency and necessary operations 179.492
Dispensing of brand-name mental health drugs 179.495
Disclosure of written accounts of adult in custody 179.505
Disclosure of written accounts by health care services provider 179.507
Enforcement of ORS 179.495 and 179.505 179.508
Disclosure of individually identifiable health information about adult in custody 179.509
Reports on deaths at institutions 179.510
“Funds” defined 179.520
Authorization to receive funds of institution residents 179.530
Disbursements from accounts 179.560
Members 179.570
Powers and duties of board 179.580
Ad hoc committees 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 179.653
Unpaid costs as lien on property 179.655
Enforcement of lien 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 179.731
Waiver of collection of amount payable 179.740
Collection from estates 179.745
Title to and transfer of property 179.750
Equal care and services for persons in state institutions 179.770
Rules
Green check means up to date. Up to date

Current through early 2024

§ 179.478’s source at oregon​.gov