Current through Register Vol. 63, No. 9, September 1, 2024
(1) Custody by a
Licensed Independent Practitioner (LIP) pursuant to ORS
426.231. A LIP taking a person
into custody pursuant to ORS
426.231 at a hospital approved
under OAR 309-033-0550 shall detain the
person for no more than 12 hours and during that time shall either:
(a) Authorize the person for transportation
to an approved hospital or nonhospital facility and provide transportation
according to the agreement required under OAR
309-033-0550; or
(b) Release the person if the LIP no longer
believes that the person is dangerous to self or others.
(2) Custody by a peace officer or secure
transport provider. A peace officer taking a person into custody shall remove
the person to an approved hospital as directed by the director in the county
where the person was taken into custody. The peace officer or approved secure
transport provider shall only take a person into custody under the provisions
of one of the following:
(a) Custody on peace
officer's own initiative. A peace officer may take a person into custody
pursuant to the provisions of ORS
426.228 when the peace officer
has probable cause to believe that the person is dangerous to self or others,
and is in need of immediate care, custody or treatment for a mental
illness;
(b) Custody on the
director's authority. The director may direct, pursuant to the provisions of
ORS 426.233, a peace officer or an
approved secure transport provider to take into custody a person who is
dangerous to self or others and in need of immediate care, custody or treatment
for mental illness;
(c) Custody of
a person under civil commitment on the director's authority. The director may
direct a peace officer or an approved secure transport provider to take into
custody, pursuant to the provisions of ORS
426.233, a person under civil
commitment who is on trial visit, outpatient commitment or conditional release
in the community, who is dangerous to self or others or who is unable to
provide for basic personal needs, who is not receiving the care that is
necessary for health and safety, and who is in need of immediate care, custody
or treatment for mental illness;
(d) A peace officer may transfer a person in
custody under this section to the custody of an approved secure transport
provider. The peace officer may meet the approved secure transport provider at
any location that is in accordance with ORS
426.140 to effect the transfer.
When transferring a person in custody to an authorized person, the peace
officer shall deliver the report required under subsection (3) of this section
to the authorized person.
(3) Peace officer's written report. When
taking a person into custody pursuant to ORS Chapter 426.228 by a peace
officer's own initiative, a peace officer shall prepare a written report which
states:
(a) The reason for custody;
(b) The date, time and place the person was
taken into custody; and
(c) The
name of the director in the county where the person is taken into custody and a
telephone number where the director may be reached at all times.
(4) Director's written report.
When a peace officer or approved secure transport provider takes a person into
custody pursuant to ORS Chapter 426.228 at the direction of the director, a
director shall prepare a written report which states:
(a) The reason for custody;
(b) The date, time and place the person was
taken into custody; and
(c) The
name of the director in the county where the person is taken into custody and a
telephone number where the director may be reached at all times.
(5) Transportation to a hospital
or nonhospital facility more than one hour away. If the peace officer
determines that more than one hour is required to transport the person to a
hospital or nonhospital facility approved by the Division, the peace officer or
approved secure transport provider shall obtain a certificate, if possible,
from a LIP prior to transporting the person. A LIP authorizing transport shall
sign a certificate, on a form approved by the Division, only if the person's
condition, in the opinion of the LIP, meets all of the following requirements:
(a) The travel will not be detrimental to the
person's physical health;
(b) The
person is dangerous to self or others; and
(c) The person is in need of immediate care
or treatment for mental illness.
(6) The director directs peace officers or
approved secure transport providers to appropriate facility. The director shall
adopt written procedures for directing peace officers or approved secure
transport providers to transport persons taken into custody, pursuant to ORS
426.228, to an approved hospital
or nonhospital facility:
(a) The written
procedures shall include one of the following, whichever, in the opinion of the
director, serves the best interests of persons with mental illness and the
community:
(A) A list of approved hospitals
or nonhospital facilities where peace officers or approved secure transport
providers are to transport persons;
(B) A procedure for contacting the director
24 hours-a-day, seven days-a-week.
(b) The director shall distribute copies of
the written procedures to the sheriff and the chief of police of each
municipality in the county and approved secure transport providers. The
procedures shall be distributed as often as the procedure is amended;
(c) The director may develop a written
agreement with the law enforcement agencies in the county which designates a
site or sites where the director can safely evaluate the person and determine
which facility, in the director's opinion, can best serve the person's needs
within the resources available. If such an agreement exists in a county, the
director may direct a peace officer to transport a person in custody under ORS
426.228 to a site designated in
the agreement. Once the director makes a determination, the peace officer shall
transport and deliver the person to a hospital or nonhospital facility as
directed by the director. The agreement shall:
(A) Designate the site or sites where the
director can safely evaluate the person's needs for treatment;
(B) Define the minimum response time for the
director meeting the peace officer at the site; and
(C) Be signed by all parties to the
agreement.
Statutory/Other Authority: ORS
413.042,
426.228,
426.231 &
426.236
Statutes/Other Implemented: ORS
426.005 -
426.395
