Oregon Statutes 427.255 – Detention prior to investigation or hearing; care and maintenance while under custody
(1) If the court finds that there is probable cause to believe that the failure to take into custody pending an investigation or hearing a person alleged to have an intellectual disability and be in need of commitment for residential care, treatment and training would pose an imminent and serious danger to the person or to others, the court may issue a warrant of detention to either the community developmental disabilities program director or the sheriff of the county directing that the director, the sheriff or the designee of the director or sheriff take the person into custody and produce the person at the time and place stated in the warrant. At the time the person is taken into custody, the custodian shall advise the person or, if the person is incapacitated, the guardian of the person of the person’s right to counsel, to have legal counsel appointed if the person is unable to afford legal counsel, and, if requested, to have legal counsel appointed immediately.
Terms Used In Oregon Statutes 427.255
- Community developmental disabilities program director: means the director of a community developmental disabilities program described in ORS § 430. See Oregon Statutes 427.005
- Director of the facility: means the person in charge of care, treatment and training programs at a facility. See Oregon Statutes 427.005
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Incapacitated: means a person is unable, without assistance, to properly manage or take care of personal affairs, including but not limited to financial and medical decision-making, or is incapable, without assistance, of self-care. See Oregon Statutes 427.005
- Intellectual disability: means an intelligence quotient of 70 or below as measured by a qualified professional and existing concurrently with significant impairment in adaptive behavior, that is manifested before the individual is 18 years of age. See Oregon Statutes 427.005
- Naturopathic physician: has the meaning given the term in ORS § 685. See Oregon Statutes 427.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Physician: means a person licensed by the Oregon Medical Board to practice medicine and surgery. See Oregon Statutes 427.005
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Treatment: means the provision of specific physical, mental, social interventions and therapies that halt, control or reverse processes that cause, aggravate or complicate malfunctions or dysfunctions. See Oregon Statutes 427.005
(2) A person taken into custody under subsection (1) of this section shall be provided all care, custody, evaluation and treatment required for the mental and physical health and safety of the person and the director of the facility retaining custody shall report any care, custody, evaluation or treatment provided the person to the court as required by ORS § 427.280. Any diagnostic evaluation performed on such person shall be consistent with Department of Human Services rules and ORS § 427.105. Any prescription or administration of drugs shall be the sole responsibility of the treating physician or naturopathic physician. The person shall have the right to the least hazardous treatment procedures while in custody, and the treating physician or naturopathic physician shall be notified immediately of the use of any mechanical restraints on the person. A note of each use of mechanical restraint and the reasons therefor shall be made a part of the person’s clinical record over the signature of the treating physician or naturopathic physician. [1979 c.683 § 19; 2009 c.595 § 444; 2011 c.658 § 15; 2017 c.356 § 51; 2023 c.339 § 6]
[1959 c.331 § 5; 1965 c.339 § 19; 1973 c.277 § 5; repealed by 1979 c.683 § 37]