Or. Admin. R. 309-120-0205

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

Section 309-120-0205 - Definitions

As used in these rules:

(1) "Department of Corrections Facility" means any institution, facility or staff office, including the grounds, operated by the Department of Corrections.

(2) "Adult in custody" means any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(3) "Mentally Ill Adult in Custody" means an adult in custody who, because of a mental disorder, is one or more of the following:

(a) Dangerous to self or others.

(b) Unable to provide for basic personal needs and is not receiving such care as is necessary for health or safety.

(c) An adult in custody who:

(A) Is chronically mentally ill, as defined in ORS 426.495;

(B) Within the previous three years, has twice been placed in a hospital or approved inpatient facility by the Oregon Health Authority under ORS 426.060;

(C) Is exhibiting symptoms or behavior substantially similar to those that preceded and led to one or more of the hospitalizations or inpatient placements referred to in subparagraph (3)(c)(B) of this rule; and

(D) Unless treated, will continue, to a reasonable medical probability, to physically or mentally deteriorate so that the adult in custody will become a person described under either or both subparagraph (3)(c)(A) or (3)(c)(B) of this rule.

(4) "State Mental Hospital" as defined in ORS 426.010. Except as otherwise ordered by the Oregon Health Authority pursuant to 179.325, the Oregon State Hospital in Salem, Marion County, and in Junction City, Lane County, shall be used as the state hospital for the care and treatment of mentally ill persons who are assigned to the care of such institutions by the Authority or who have previously been committed to such institutions.

Or. Admin. R. 309-120-0205

MHD 43, f. & ef. 11-5-76; MHD 5-1979, f. & ef. 8-14-79; MHD 12-1979(Temp), f. & ef. 11-21-79; MHD 3-1980, f. & ef. 4-1-80; MHD 1-1981, f. & ef. 6-5-81; MHD 1-1983(Temp), f. & ef. 1-5-83; MHD 8-1983, f. & ef. 4-1-83, Renumbered from 309-023-0010(3); MHD 3-1995, f. & cert. ef. 4-13-95; MHD 1-2000, f. & cert. ef. 1-24-00; MHD 7-2005(Temp), f. & cert. ef. 7-7-05 thru 1-3-06; Renumbered from 309-120-0005, MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06; BHS 19-2023, 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