ORS 427.335
Authority of department to develop community housing; sale of community housing; conditions; financial assistance to providers


(1)

The Department of Human Services may, through contract or otherwise, acquire, purchase, receive, hold, exchange, operate, demolish, construct, lease, maintain, repair, replace, improve and equip community housing for the purpose of providing care to individuals with intellectual disabilities or other developmental disabilities.

(2)

The department may dispose of community housing acquired under subsection (1) of this section in a public or private sale, upon such terms and conditions as the department considers advisable to increase the quality and quantity of community housing for individuals with intellectual disabilities or other developmental disabilities. The department may include in any instrument conveying fee title to community housing language that restricts the use of the community housing to provide care for individuals with intellectual disabilities or other developmental disabilities. Such restriction is not a violation of ORS 93.270 (Certain restrictions in conveyancing instruments prohibited). Any instrument conveying fee title to community housing under this subsection shall provide that equipment in the community housing is a part of and shall remain with the real property unless such equipment was modified or designed specifically for an individual’s use, in which case such equipment shall follow the individual.

(3)

The department may provide financial assistance to a housing provider or a care provider that wishes to provide community housing for individuals with intellectual disabilities or other developmental disabilities under rules promulgated by the department.

(4)

The department may transfer its ownership of equipment to care providers.

(5)

When exercising the authority granted to the department under this section, the department is not subject to ORS 276.900 (Policy) to 276.915 (Energy design requirements) or 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts) or ORS chapters 270 and 273. [1999 c.753 §3; 2003 c.794 §282; 2007 c.70 §222; 2011 c.658 §26]
Chapter 427

Notes of Decisions

Former commitment provisions of this chapter were constitutional. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Standard of proof in former version of this chapter was proof “beyond a reasonable doubt.” State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

As commitment proceeding is not criminal matter, principle of double jeopardy has no application. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Atty. Gen. Opinions

Preemption of the Oregon Revised Statutes by the provisions of the Interstate Compact, (1973) Vol 36, p 297; civil commitment to Mental Health Division of person against whom criminal charges are pending, (1980) Vol 41, p 91

Law Review Citations

16 WLR 439 (1979)


Source
Last accessed
May. 15, 2020