Or. Admin. R. 309-120-0075

Current through Register Vol. 63, No. 6, June 1, 2024

Section 309-120-0075 - Definitions

As used in these rules:

(1) "Close custody facility" means any of the secure facilities operated by the OYA, including, but not limited to, youth correctional facilities, work/study camps, and transition camps.

(2) "Facility designated by the Oregon Health Authority (Authority)" means a hospital or secure non-hospital facility designated by the Authority to provide evaluation and treatment services for offenders under the age of 18.

(3) "Hearing Officer" means an independent decision maker designated to conduct an administrative commitment hearing for an offender.

(4) "Mentally ill offender" means an offender who, because of a mental disorder or a severe emotional disorder, is one or more of the following:

(a) Dangerous to self or others;

(b) Is unable to provide for basic personal needs and is not receiving such psychiatric care as is necessary for health or safety; or

(c) An offender, who unless treated, will continue, with a reasonable medical probability, to physically or mentally deteriorate so that the offender will become a person described under either or both subparagraph (4)(a) or (4)(b) of this rule.

(5) "Offender" means a person placed in OYA close custody facility, including adults in the legal custody of the Department of Corrections (DOC).

(6) "State Mental Hospital" as defined in ORS 426.010. Except as otherwise ordered by the Authority pursuant to ORS 179.325, the Oregon State Hospitals in Salem, Marion County, and Portland, Multnomah County, and the Blue Mountain Recovery Center in Pendleton, Umatilla County, will be used as state hospitals for the care and treatment of mentally ill offenders age 18 and over who are transferred by the OYA pursuant to these rules.

Or. Admin. R. 309-120-0075

MHD 8-2005(Temp), f. & cert. ef. 7-15-05 thru 1-7-06; MHD 9-2005, f. 12-28-05, cert. ef. 1-1-06; BHS 17-2023, minor correction filed 07/11/2023, effective 7/11/2023

Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042

Statutes/Other Implemented: ORS 179.471-179.486, 179.495-179.508 & 420.500-420.525