2011 ORS § 181.740¹
Certain information required from agencies
  • rules

(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:

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

(b) Are subject to a court order under ORS 426.130 (Court determination of mental illness) 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 (Determination by court of need for commitment), 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 (Determination of fitness);

(e) Have been found guilty except for insanity of a crime under ORS 161.295 (Effect of mental disease or defect) to 161.370 (Determination of fitness);

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

(g) Have been placed under the jurisdiction of the Psychiatric Security Review Board or the Oregon Health Authority under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by agency); or

(h) Have been committed to a state hospital or facility under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by agency) or 419C.529 (Finding of serious mental condition) to 419C.544 (Transfer of cases from juvenile panel to adult panel of Psychiatric Security Review Board).

(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 persons 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. [2009 c.826 §1; 2009 c.826 §16; 2011 c.708 §23]