Current through Register Vol. 63, No. 9, September 1, 2024
(1) An inmate may be assigned to a Behavioral
Health Unit if the inmate has committed violent acts or disruptive behavior and
is diagnosed with a serious mental illness. An inmate may be referred if:
(a) The inmate has committed violent or
disruptive disciplinary actions in either general housing or special housing
units and is placed in temporary disciplinary segregation in accordance with
OAR 291-105; or
(b) A hearings
officer recommends assignment to a Behavioral Health Unit as a diversion to a
disciplinary segregation sanction in accordance with OAR 291-105; or
(c) The inmate is being considered for
placement in an Intensive Management Unit in accordance with OAR 291-055 and
the Special Population Management (SPM) Committee recommends assignment to a
Behavioral Health Unit.
(2) An inmate may be placed in a Behavioral
Health Unit when:
(a) There is a referral
from a mental health specialist, nurse, or outside mental health
contractor;
(b) The mental health
treatment team finds that the inmate is in need of mental health treatment;
and
(c) There is a reasonable
likelihood that treatment can be accomplished in a Behavioral Health
Unit.
(d) The BHS program manager
shall make the final decision whether an inmate is admitted to a Behavioral
Health Unit for treatment.
(3) Assessment: Within five working days
following assignment to a Behavioral Health Unit, the mental health treatment
team will assess the need for treatment. The following mental health data shall
be considered by the BHS program manager in making the assessment:
(a) Existence and type of disorder;
(b) Potential therapeutic effect of a change
in environment;
(c) Potential for
development of a comprehensive program for treatment of the inmate that is
available within a Behavioral Health Unit and is likely to benefit the
inmate;
(d) Ability to function in
an Intensive Management Unit or disciplinary segregation; and
(e) Any other factors substantially related
to the mental health of the inmate as applicable, including staff observation,
individual diagnostic interviews and tests assessing intellect and coping
abilities.
(4) Upon
completion of the assessment and compilation of the inmate's mental health
history:
(a) If the mental health treatment
team determines the inmate is not in need of the level of care in a Behavioral
Health Unit, the inmate will be returned to his/her former status, assigned to
an Intensive Management Unit or assigned to disciplinary segregation.
(b) If the mental health treatment team
determines the inmate is in need of the level of care in a Behavioral Health
Unit, an overall treatment plan will be developed with appropriate referral as
needed.
(c) The inmate will be
given the opportunity to voluntarily admit himself/herself to a Behavioral
Health Unit.
(d) If the inmate is
unwilling to be voluntarily admitted, the BHS program manager may admit the
inmate on an involuntary basis.
(A) If the
inmate has previously been assigned to a mental health special housing unit on
an involuntary basis within the last 180 days, the inmate may be assigned to a
Behavioral Health Unit without any further action.
(B) If the inmate has not previously been
assigned to a mental health special housing unit on an involuntary basis, the
BHS program manager will notify and deliver a copy of the Notice of
Emergency/Involuntary Assignment to Mental Health Special Housing (CD 1567) to
the functional unit manager.
(C)
The functional unit manager will notify the hearings officer.
(D) The hearings officer will make
arrangements to conduct an involuntary assignment hearing as outlined in OAR
291-048-0290 within five working
days after completion of the assessment.
Stat. Auth.: ORS
179.040,
423.020,
423.030 &
423.075
Stats. Implemented: ORS
179.040,
423.020,
423.030 &
423.075
