Upon receipt of the order of commitment, the Oregon Health Authority or its designee shall take the person with mental illness into its custody, and ensure the safekeeping and proper care of the person until the person is delivered to an assigned treatment facility or to a representative of the assigned treatment facility. The representative of the assigned treatment facility, accompanied by any assistants the authority or its designee may deem necessary, shall proceed to the place where the person is in custody, and upon demand shall be given custody of the person, together with the certified record required by ORS 426.170 (Delivery of certified copy of record). The representative shall issue appropriate receipts and immediately transport the person safely to the assigned treatment facility and deliver the person and the record to the director or a designated employee of the facility. In taking custody of the person, the authority, its designee or the representative of the facility has all the powers provided by ORS 133.225 (Arrest by private person) and 161.255 (Use of physical force by private person making citizen’s arrest) and may require the assistance of any peace officer or other authorized individual.
The committing judge, upon approval of the examining physicians or other qualified professionals as recommended by the authority and upon request of a legal guardian, friend or relative of the person with mental illness, may authorize the legal guardian, friend or relative to transport the person to the assigned facility when the committing judge determines that means of transportation would not be detrimental to the welfare of the person or to the public. [Amended by 1963 c.325 §1; 1973 c.838 §24; 1975 c.690 §10; 2009 c.595 §395; 2013 c.360 §33]