2017 ORS 179.478¹
Examination for intellectual disability
  • commitment hearing
  • transfer to facility for persons with intellectual disability
  • termination of sentence

(1) If an inmate or youth offender, a relative, guardian or friend of an inmate or youth offender, or institution staff have probable cause to believe that an inmate or youth offender is a person with an intellectual disability to such a degree that the inmate or youth offender cannot adjust to or benefit from the Department of Corrections institution or youth correction facility, the superintendent of the institution shall request that a diagnostic evaluation described in ORS 427.105 (Diagnostic evaluations) be performed by the Department of Human Services or its designee. If there is probable cause to believe that the inmate or youth offender is a person with an intellectual disability and is in need of commitment for residential care, treatment and training pursuant to ORS 427.235 (Notice to court of need for commitment) to 427.290 (Determination by court of need for commitment), the inmate or youth offender shall be entitled to a commitment hearing.

(2) If the inmate or youth offender is by clear and convincing evidence determined by the court to be a person with an intellectual disability and is in need of commitment for residential care, treatment and training, the person shall be committed to the Department of Human Services and transferred to a facility designated by the department as soon as space in an appropriate facility is available, and any sentence to a Department of Corrections institution or commitment to the youth correction facility shall be terminated. [1977 c.601 §5; 1979 c.683 §35; 1987 c.320 §129; 1999 c.110 §5; 2001 c.900 §41; 2007 c.70 §44; 2011 c.658 §33; 2013 c.36 §51]

1 Legislative Counsel Committee, CHAPTER 179—Administration of State Institutions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors179.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.