ORS 426.385
Rights of committed persons


(1)

Every person with mental illness committed to the Oregon Health Authority shall have the right to:

(a)

Communicate freely in person and by reasonable access to telephones;

(b)

Send and receive sealed mail, except that this right may be limited for security reasons in state institutions as described in ORS 426.010 (State hospitals for persons with mental illness);

(c)

Wear the clothing of the person;

(d)

Keep personal possessions, including toilet articles;

(e)

Religious freedom;

(f)

A private storage area with free access thereto;

(g)

Be furnished with a reasonable supply of writing materials and stamps;

(h)

A written treatment plan, kept current with the progress of the person;

(i)

Be represented by counsel whenever the substantial rights of the person may be affected;

(j)

Petition for a writ of habeas corpus;

(k)

Not be required to perform routine labor tasks of the facility except those essential for treatment;

(L)

Be given reasonable compensation for all work performed other than personal housekeeping duties;

(m)

Daily access to fresh air and the outdoors, except that this right may be limited when it would create significant risk of harm to the person or others;

(n)

Reasonable privacy and security in resting, sleeping, dressing, bathing, personal hygiene and toileting, except that this right may be limited when it would create significant risk of harm to the person or others;

(o)

Such other rights as may be specified by rule; and

(p)

Exercise all civil rights in the same manner and with the same effect as one not admitted to the facility, including, but not limited to, the right to dispose of real property, execute instruments, make purchases, enter contractual relationships, and vote, unless the person has been adjudicated incompetent and has not been restored to legal capacity. Disposal of personal property in possession of the person in a state institution described in ORS 426.010 (State hospitals for persons with mental illness) is subject to limitation for security reasons.

(2)

Intentionally left blank —Ed.

(a)

A person must be immediately informed, orally and in writing, of any limitation:

(A)

Of the right to send or receive sealed mail under subsection (1)(b) of this section;

(B)

Regarding the disposal of personal property under subsection (1)(p) of this section;

(C)

Of the right to reasonable privacy and security in resting, sleeping, dressing, bathing, personal hygiene and toileting under subsection (1)(n) of this section; and

(D)

Of the right to daily access to fresh air and the outdoors under subsection (1)(m) of this section.

(b)

Any limitation under this subsection and the reasons for the limitation must be stated in the person’s written treatment plan.

(c)

The person has the right to challenge any limitation under this subsection pursuant to rules adopted by the authority. The person must be informed, orally and in writing, of this right.

(3)

A person with mental illness committed to the authority shall have the right to be free from potentially unusual or hazardous treatment procedures, including convulsive therapy, unless the person has given express and informed consent or authorized the treatment pursuant to ORS 127.700 (Definitions for ORS 127.700 to 127.737) to 127.737 (Certain other laws applicable to declaration). This right may be denied to a person for good cause as defined in administrative rule only by the director of the facility in which the person is confined, but only after consultation with and approval of an independent examining physician. Any denial shall be entered into the person’s treatment record and shall include the reasons for the denial. A person with mental illness may not be subjected to psychosurgery, as defined in ORS 677.190 (Grounds for suspending, revoking or refusing to grant license, registration or certification) (21)(b).

(4)

Mechanical restraints shall not be applied to a person admitted to a facility unless it is determined by the chief medical officer of the facility or designee to be required by the medical needs of the person. Every use of a mechanical restraint and the reasons for using a mechanical restraint shall be made a part of the clinical record of the person over the signature of the chief medical officer of the facility or designee.

(5)

Nothing in this section prevents the authority from acting to exclude contraband from its facilities and to prevent possession or use of contraband in its facilities.

(6)

As used in this section:

(a)

“Contraband” has the meaning given that term in ORS 162.135 (Definitions for ORS 162.135 to 162.205).

(b)

“Security reasons” means the protection of the person with mental illness from serious and immediate harm and the protection of others from threats or harassment as defined by rule of the authority. [1967 c.460 §4; 1973 c.838 §28; 1981 c.372 §3; 1983 c.486 §1; 1993 c.442 §16; 1995 c.141 §1; 2001 c.104 §152; 2007 c.56 §1; 2009 c.595 §424; 2009 c.756 §20; 2013 c.360 §59; 2019 c.19 §1]

Source: Section 426.385 — Rights of committed persons, https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html.

Notes of Decisions

Although State of Oregon created protected liberty interest for all persons committed to custody of Mental Health and Developmental Disability Services Division in sending sealed mail, where practice of restricting outgoing mail of patient of Oregon State Hospital was significant part of treatment plan, restriction did not abridge his rights under U.S. Constitution. Martyr v. Mazur-Hart, 789 F Supp 1081 (1992)

Patient’s outgoing mail cannot be censored by Mental Health and Developmental Disability Services Division as part of providing treatment. Martyr v. State of Oregon, 130 Or App 528, 883 P2d 237 (1994)

Attorney General Opinions

Right of mentally diseased person to vote, (1972) Vol 35, p 1220; mandatory compensation of patients for services performed, (1976) Vol 38, p 494

Law Review Citations

53 OLR 245-270 (1974)

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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