Persons With Mental Illness

ORS 426.385
Rights of committed persons


(1)

Every person with mental illness committed to the Oregon Health Authority shall have the right to:

(a)

Communicate freely in person and by reasonable access to telephones;

(b)

Send and receive sealed mail, except that this right may be limited for security reasons in state institutions as described in ORS 426.010 (State hospitals for persons with mental illness);

(c)

Wear the clothing of the person;

(d)

Keep personal possessions, including toilet articles;

(e)

Religious freedom;

(f)

A private storage area with free access thereto;

(g)

Be furnished with a reasonable supply of writing materials and stamps;

(h)

A written treatment plan, kept current with the progress of the person;

(i)

Be represented by counsel whenever the substantial rights of the person may be affected;

(j)

Petition for a writ of habeas corpus;

(k)

Not be required to perform routine labor tasks of the facility except those essential for treatment;

(L)

Be given reasonable compensation for all work performed other than personal housekeeping duties;

(m)

Daily access to fresh air and the outdoors, except that this right may be limited when it would create significant risk of harm to the person or others;

(n)

Reasonable privacy and security in resting, sleeping, dressing, bathing, personal hygiene and toileting, except that this right may be limited when it would create significant risk of harm to the person or others;

(o)

Such other rights as may be specified by rule; and

(p)

Exercise all civil rights in the same manner and with the same effect as one not admitted to the facility, including, but not limited to, the right to dispose of real property, execute instruments, make purchases, enter contractual relationships, and vote, unless the person has been adjudicated incompetent and has not been restored to legal capacity. Disposal of personal property in possession of the person in a state institution described in ORS 426.010 (State hospitals for persons with mental illness) is subject to limitation for security reasons.

(2)

(a) A person must be immediately informed, orally and in writing, of any limitation:

(A)

Of the right to send or receive sealed mail under subsection (1)(b) of this section;

(B)

Regarding the disposal of personal property under subsection (1)(p) of this section;

(C)

Of the right to reasonable privacy and security in resting, sleeping, dressing, bathing, personal hygiene and toileting under subsection (1)(n) of this section; and

(D)

Of the right to daily access to fresh air and the outdoors under subsection (1)(m) of this section.

(b)

Any limitation under this subsection and the reasons for the limitation must be stated in the person’s written treatment plan.

(c)

The person has the right to challenge any limitation under this subsection pursuant to rules adopted by the authority. The person must be informed, orally and in writing, of this right.

(3)

A person with mental illness committed to the authority shall have the right to be free from potentially unusual or hazardous treatment procedures, including convulsive therapy, unless the person has given express and informed consent or authorized the treatment pursuant to ORS 127.700 (Definitions for ORS 127.700 to 127.737) to 127.737 (Certain other laws applicable to declaration). This right may be denied to a person for good cause as defined in administrative rule only by the director of the facility in which the person is confined, but only after consultation with and approval of an independent examining physician. Any denial shall be entered into the person’s treatment record and shall include the reasons for the denial. A person with mental illness may not be subjected to psychosurgery, as defined in ORS 677.190 (Grounds for suspending, revoking or refusing to grant license, registration or certification) (21)(b).

(4)

Mechanical restraints shall not be applied to a person admitted to a facility unless it is determined by the chief medical officer of the facility or designee to be required by the medical needs of the person. Every use of a mechanical restraint and the reasons for using a mechanical restraint shall be made a part of the clinical record of the person over the signature of the chief medical officer of the facility or designee.

(5)

Nothing in this section prevents the authority from acting to exclude contraband from its facilities and to prevent possession or use of contraband in its facilities.

(6)

As used in this section:

(a)

“Contraband” has the meaning given that term in ORS 162.135 (Definitions for ORS 162.135 to 162.205).

(b)

“Security reasons” means the protection of the person with mental illness from serious and immediate harm and the protection of others from threats or harassment as defined by rule of the authority. [1967 c.460 §4; 1973 c.838 §28; 1981 c.372 §3; 1983 c.486 §1; 1993 c.442 §16; 1995 c.141 §1; 2001 c.104 §152; 2007 c.56 §1; 2009 c.595 §424; 2009 c.756 §20; 2013 c.360 §59; 2019 c.19 §1]

Notes of Decisions

Although State of Oregon created protected liberty interest for all persons committed to custody of Mental Health and Developmental Disability Services Division in sending sealed mail, where practice of restricting outgoing mail of patient of Oregon State Hospital was significant part of treatment plan, restriction did not abridge his rights under U.S. Constitution. Martyr v. Mazur-Hart, 789 F Supp 1081 (1992)

Patient's outgoing mail cannot be censored by Mental Health and Developmental Disability Services Division as part of providing treatment. Martyr v. State of Oregon, 130 Or App 528, 883 P2d 237 (1994)

Atty. Gen. Opinions

Right of mentally diseased person to vote, (1972) Vol 35, p 1220; mandatory compensation of patients for services performed, (1976) Vol 38, p 494

Law Review Citations

53 OLR 245-270 (1974)

§§ 426.005 to 426.395

Notes of Decisions

The doctor-patient privilege applies under these sections. State v. O'Neill, 274 Or 59, 545 P2d 97 (1976)

Prior to commitment there must be evidence proving beyond a reasonable doubt that the individual is mentally ill as defined. State v. O'Neill, 274 Or 59, 545 P2d 97 (1976)

The Oregon commitment statutes are not unconstitutional on the grounds of vagueness or as an invasion of privacy as protected by the Ninth and Fourteenth Amendments to the United States Constitution. State v. O'Neill, 274 Or 59, 545 P2d 97 (1976)

Oregon Constitution did not require jury in mental commitment hearings. State v. Mills, 36 Or App 727, 585 P2d 1143 (1978), Sup Ct review denied

Alleged mentally ill person does not have right to remain silent in civil commitment proceeding. State v. Matthews, 46 Or App 757, 613 P2d 88 (1980), Sup Ct review denied

Law Review Citations

9 WLJ 63-85 (1973)

Chapter 426

Notes of Decisions

The entire statutory scheme of involuntary commitment provides adequate procedural safeguards which satisfies the requirements of due process and equal protection. Dietrich v. Brooks, 27 Or App 821, 558 P2d 357 (1976), Sup Ct review denied

Atty. Gen. Opinions

County of residence paying mental commitment costs, (1979) Vol 40, p 147; civil commitment to Mental Health Division of person against whom criminal charges are pending, (1980) Vol 41, p 91

Law Review Citations

16 WLR 448 (1979)


Source

Last accessed
Jun. 26, 2021