(1) The Department of Human Services, the Oregon Health Authority, the Psychiatric Security Review Board and the Judicial Department shall provide the Department of State Police with the minimum information necessary to identify persons who:

Terms Used In Oregon Statutes 181A.290

  • judicial department: means the Supreme Court, the Court of Appeals, the Oregon Tax Court, the circuit courts and all administrative divisions of those courts, whether denominated as boards, commissions, committees or departments or by any other designation. See Oregon Statutes 174.113
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(a) Have been committed by a court to the Oregon Health Authority under ORS § 426.130, based on a finding that the person is dangerous to self or others;

(b) Are subject to a court order under ORS § 426.130 or 426.133 prohibiting the person from purchasing or possessing a firearm;

(c) Have been committed by a court to the Department of Human Services under ORS § 427.290, based on a finding that the person is dangerous to self or others;

(d) Have been found by a court to lack fitness to proceed under ORS § 161.370;

(e) Have been found guilty except for insanity of a crime under ORS § 161.290 to 161.373;

(f) Have been found responsible except for insanity for an act under ORS § 419C.411;

(g) Have been placed under the jurisdiction of the Psychiatric Security Review Board under ORS § 161.315 to 161.351; or

(h) Have been committed to a state hospital or facility under ORS § 161.315 to 161.351 or 419C.529 to 419C.544.

(2) Upon receipt of the information described in this section, the Department of State Police shall access and maintain the information and transmit the information to the federal government as required under federal law.

(3) The Department of Human Services, the Oregon Health Authority, the Psychiatric Security Review Board and the Judicial Department shall enter into agreements with the Department of State Police describing the access to information provided under this section.

(4) The Department of State Police shall adopt rules:

(a) After consulting with the Department of Human Services, the Oregon Health Authority, the Psychiatric Security Review Board and the Judicial Department, describing the type of information provided to the Department of State Police under this section; and

(b) Describing the method and manner of maintaining the information described in this section and transmitting the information to the federal government.

(5) As used in this section, ‘minimum information necessary’ means data elements or nominal information that is necessary or required under federal law to accurately identify a person described in this section and includes the person’s name, date of birth, gender and reference information that identifies the originating agency or court and enables the originating agency or court to locate an underlying record or file of a person described in this section. ‘Minimum information necessary’ does not include any medical, psychiatric or psychological information, case histories or files of a person described in this section or any record or file of an originating agency or court. [Formerly 181.740; 2017 c.442 § 22; 2021 c.395 § 12]

 

181A.290 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 181A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

MISSING PERSONS PROCEDURES

 

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