ORS 427.306
Confinement of committed persons with intellectual disabilities in least restrictive setting

  • attendants required

(1)

A person, not incarcerated upon a criminal charge, who has been alleged or adjudged to have an intellectual disability and to be in need of commitment for residential care, treatment and training, may not be confined in any prison, jail or other enclosure where those charged with a crime or a violation of a municipal ordinance are incarcerated.

(2)

A person alleged or adjudged to have an intellectual disability and to be in need of commitment for residential care, treatment and training, who is not incarcerated on a criminal charge, may not be confined without an attendant in charge of the person. If the person is not confined in a hospital or a facility, the community developmental disabilities program director or sheriff having the person in custody shall select some suitable individual to act as attendant in quarters suitable for the comfortable, safe and humane confinement of the person. The person shall be detained in the least restrictive setting consistent with the person’s emotional and physical needs and the protection of others. [1979 c.683 §26; 2009 c.595 §448; 2011 c.658 §24; 2013 c.36 §12]

Source: Section 427.306 — Confinement of committed persons with intellectual disabilities in least restrictive setting; attendants required, https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html.

427.005
Definitions 427.007
Policy 427.101
Definitions for ORS 427.115, 427.121, 427.154, 430.662 and 430.664 427.104
Developmental disability services 427.105
Diagnostic evaluations 427.107
Rights of persons receiving developmental disability services 427.109
Complaint procedures 427.115
Assessment of service needs and determination of service rate 427.121
Choice of community living setting 427.154
Individualized service plan 427.163
Application of savings generated by support service brokerages 427.215
Need for commitment 427.235
Notice to court of need for commitment 427.245
Hearing 427.255
Detention prior to investigation or hearing 427.265
Court to advise person of nature of proceeding and rights 427.270
Report of diagnostic evaluation 427.275
Fees of persons appointed by court to perform diagnostic evaluations 427.280
Treatment given after citation issued 427.285
Witnesses required at hearing 427.290
Determination by court of need for commitment 427.293
Disclosure of record of proceeding 427.295
Appeal of commitment order 427.300
Assignment to appropriate facility 427.306
Confinement of committed persons with intellectual disabilities in least restrictive setting 427.330
Definitions for ORS 427.330 to 427.340 427.335
Authority of department to develop community housing 427.340
Developmental Disabilities Community Housing Fund 427.347
Administration of Developmental Disabilities Community Housing Fund by Oregon Community Foundation 427.348
Appointment of advisory committee 427.401
Oregon Human Rights Commission established 427.403
Commission to establish statewide regional advisory committee 427.900
Authority of Department of Human Services to impose civil penalties
Green check means up to date. Up to date

Current through early 2024

§ 427.306’s source at oregon​.gov