ORS 426.228
Custody

  • authority of peace officers and other individuals
  • transporting to facility
  • reports
  • examination of person

(1)

A peace officer may take into custody a person who the officer has probable cause to believe is dangerous to self or to any other person and is in need of immediate care, custody or treatment for mental illness. As directed by the community mental health program director, a peace officer shall remove a person taken into custody under this section to the nearest hospital or nonhospital facility approved by the Oregon Health Authority. The officer shall prepare a written report and deliver it to the licensed independent practitioner who is treating the person. The report shall state:

(a)

The reason for custody;

(b)

The date, time and place the person was taken into custody; and

(c)

The name of the community mental health program director and a telephone number where the director may be reached at all times.

(2)

A peace officer shall take a person into custody when the community mental health program director, pursuant to ORS 426.233 (Authority of community mental health program director and of other individuals), notifies the peace officer that the director has probable cause to believe that the person is imminently dangerous to self or to any other person. As directed by the community mental health program director, the peace officer shall remove the person to a hospital or nonhospital facility approved by the authority. The community mental health program director shall prepare a written report that the peace officer shall deliver to the licensed independent practitioner who is treating the person. The report shall state:

(a)

The reason for custody;

(b)

The date, time and place the person was taken into custody; and

(c)

The name of the community mental health program director and a telephone number where the director may be reached at all times.

(3)

If more than one hour will be required to transport the person to the hospital or nonhospital facility from the location where the person was taken into custody, the peace officer shall obtain, if possible, a certificate from a licensed independent practitioner stating that the travel will not be detrimental to the person’s physical health and that the person is dangerous to self or to any other person and is in need of immediate care or treatment for mental illness. The licensed independent practitioner shall have personally examined the person within 24 hours prior to signing the certificate.

(4)

When a peace officer or other authorized individual, acting under this section, delivers a person to a hospital or nonhospital facility, a licensed independent practitioner shall examine the person immediately. If the licensed independent practitioner finds the person to be in need of emergency care or treatment for mental illness, the licensed independent practitioner shall proceed under ORS 426.232 (Emergency admission), otherwise the person may not be retained in custody. If the person is to be released from custody, the peace officer or the community mental health program director shall return the person to the place where the person was taken into custody unless the person declines that service.

(5)

A peace officer may transfer a person in custody under this section to the custody of an individual authorized by the community mental health program director under ORS 426.233 (Authority of community mental health program director and of other individuals) (3). The peace officer may meet the authorized individual at any location that is in accordance with ORS 426.140 (Place of confinement) to effect the transfer. When transferring a person in custody to an authorized individual, the peace officer shall deliver the report required under subsections (1) and (2) of this section to the authorized individual.

(6)

An individual authorized under ORS 426.233 (Authority of community mental health program director and of other individuals) (3) shall take a person into custody when directed to do so by a peace officer or by a community mental health program director under ORS 426.233 (Authority of community mental health program director and of other individuals).

(7)

An individual authorized under ORS 426.233 (Authority of community mental health program director and of other individuals) (3) shall perform the duties of the peace officer or the community mental health program director required by this section and ORS 426.233 (Authority of community mental health program director and of other individuals) if the peace officer or the director has not already done so.

(8)

An individual authorized under ORS 426.233 (Authority of community mental health program director and of other individuals) (3) may transfer a person in custody under this section to the custody of another individual authorized under ORS 426.233 (Authority of community mental health program director and of other individuals) (3) or a peace officer. The individual transferring custody may meet another authorized individual or a peace officer at any location that is in accordance with ORS 426.140 (Place of confinement) to effect the transfer.

(9)

Intentionally left blank —Ed.

(a)

When a peace officer takes a person into custody under this section, and the peace officer reasonably suspects that the person is a foreign national, the peace officer shall inform the person of the person’s right to communicate with an official from the consulate of the person’s country.

(b)

A peace officer is not civilly or criminally liable for failure to provide the information required by this subsection. Failure to provide the information required by this subsection does not in itself constitute grounds for the exclusion of evidence that would otherwise be admissible in a proceeding. [1993 c.484 §2; 1997 c.531 §2; 2003 c.109 §2; 2009 c.595 §402; 2013 c.360 §38; 2015 c.461 §11; 2015 c.785 §2]
Note: 426.228 (Custody) to 426.238 (Classifying facilities) were added to and made a part of 426.005 (Definitions for ORS 426.005 to 426.390) to 426.390 (Construction) by legislative action but were not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 426.228 — Custody; authority of peace officers and other individuals; transporting to facility; reports; examination of person, https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html.

426.005
Definitions for ORS 426.005 to 426.390
426.010
State hospitals for persons with mental illness
426.020
Superintendent
426.060
Commitment to Oregon Health Authority
426.070
Initiation
426.072
Care while in custody
426.074
Investigation
426.075
Notice and records of treatment prior to hearing
426.080
Execution and return of citation or warrant of detention
426.090
Citation
426.095
Commitment hearing
426.100
Advice of court
426.110
Appointment of examiners
426.120
Examination report
426.123
Observation of person in custody
426.125
Qualifications and requirements for conditional release
426.127
Outpatient commitment
426.129
Community liaison
426.130
Court determination of mental illness
426.133
Assisted outpatient treatment
426.135
Counsel on appeal
426.140
Place of confinement
426.150
Transportation to treatment facility
426.155
Release of information about person held in custody pending commitment proceeding or while committed or recommitted
426.160
Disclosure of record of commitment proceeding
426.170
Delivery of certified copy of record
426.180
Emergency commitment of individuals in Indian country
426.200
Duties following emergency admission
426.210
Limit of detention after commitment in emergency proceedings
426.217
Change of status of committed patient to voluntary patient
426.220
Voluntary admission
426.223
Retaking persons in custody of or committed to Oregon Health Authority
426.225
Voluntary admission to state hospital of committed person
426.228
Custody
426.231
Hold by licensed independent practitioner
426.232
Emergency admission
426.233
Authority of community mental health program director and of other individuals
426.234
Duties of professionals at facility where person admitted
426.235
Transfer between hospital and nonhospital facilities
426.236
Rules
426.237
Prehearing detention
426.238
Classifying facilities
426.241
Payment of care, custody and treatment costs
426.250
Payment of costs related to commitment proceedings
426.255
County to pay costs
426.273
Trial visits
426.275
Effect of failure to adhere to condition of placement
426.278
Distribution of copies of conditions for outpatient commitment or trial visit
426.292
Release prior to expiration of term of commitment
426.295
Judicial determination of competency
426.297
Payment of expenses for proceeding under ORS 426.295
426.300
Discharge of committed persons
426.301
Release of committed person
426.303
Effect of protest of further commitment
426.307
Court hearing
426.309
Effect of ORS 426.217 and 426.301 to 426.307 on other discharge procedure
426.310
Reimbursement of county expenses for commitment proceedings involving nonresidents
426.320
Payment of certain expenses by the state
426.330
Presentation and payment of claims
426.335
Limitations on liability
426.370
Withholding information obtained in certain commitment or admission investigations
426.380
Availability of writ of habeas corpus
426.385
Rights of committed persons
426.390
Construction
426.395
Posting of statement of rights of committed persons
426.415
Licensing of persons who may order and oversee use of restraint and seclusion in facilities providing mental health treatment to individuals under 21 years of age
426.490
Policy
426.495
Definitions for ORS 426.490 to 426.500
426.500
Powers and duties of Oregon Health Authority
426.502
Definitions for ORS 426.502 to 426.508
426.504
Power of Oregon Health Authority to develop community housing for persons with chronic mental illness
426.506
Community Mental Health Housing Fund
426.508
Sale of F. H. Dammasch State Hospital
426.510
“Sexually dangerous person” defined
426.650
Voluntary admission to state institution
426.670
Treatment programs for sexually dangerous persons
426.675
Determination of sexually dangerous persons
426.680
Trial visits for probationer
426.701
Commitment of “extremely dangerous” person with qualifying mental disorder
426.702
Discharge from commitment of extremely dangerous person with qualifying mental disorder
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