2013 ORS § 161.375¹
Escape of person placed at hospital or facility
  • authority to order arrest

(1) When a patient, who has been placed at a state hospital for evaluation, care, custody and treatment under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by agency) or by court order under ORS 161.315 (Right of state to obtain mental examination of defendant), 161.365 (Procedure for determining issue of fitness to proceed) or 161.370 (Determination of fitness), has escaped or is absent without authorization from the hospital or from the custody of any person in whose charge the superintendent has placed the patient, the superintendent may order the arrest and detention of the patient.

(2) When a patient, who has been placed at a secure intensive community inpatient facility for evaluation, care, custody and treatment under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by agency) or by court order under ORS 161.315 (Right of state to obtain mental examination of defendant), 161.365 (Procedure for determining issue of fitness to proceed), 161.370 (Determination of fitness) or 419C.527 (Procedure for state to obtain mental examination of youth), has escaped or is absent without authorization from the facility or from the custody of any person in whose charge the director of the facility has placed the patient, the director of the facility shall notify the Director of the Oregon Health Authority. The Director of the Oregon Health Authority may order the arrest and detention of the patient.

(3) The superintendent or the Director of the Oregon Health Authority may issue an order under this section based upon a reasonable belief that grounds exist for issuing the order. When reasonable, the superintendent or the Director of the Oregon Health Authority shall investigate to ascertain whether such grounds exist.

(4) Any order issued by the superintendent or the Director of the Oregon Health Authority as authorized by this section constitutes full authority for the arrest and detention of the patient and all laws applicable to warrant or arrest apply to the order. An order issued by the superintendent or the Director of the Oregon Health Authority under this section expires 72 hours after being signed by the superintendent or the Director of the Oregon Health Authority.

(5) As used in this section, superintendent means the superintendent of the state hospital to which the person was committed or the superintendents authorized representative. [1997 c.423 §1; 2005 c.685 §7; 2005 c.843 §24a; 2009 c.595 §108; 2011 c.708 §7]