2007 ORS 427.180¹
Requirements for admission

(1) A person shall be admitted to a state training center only after:

(a) The person has either been committed to the Department of Human Services as a mentally retarded person under ORS 427.290 (Determination by court of mental retardation), or an application for admission has been filed either by the person or by another in the manner set forth in ORS 427.185 (Application for admission);

(b) The person has undergone a diagnostic evaluation as defined in ORS 427.105 (Diagnostic evaluations) and the completed evaluation has been provided to the Developmental Disability Diagnosis and Evaluation Service established under ORS 427.104 (Developmental Disability Diagnosis and Evaluation Service); and

(c) Either the Developmental Disability Diagnosis and Evaluation Service or, upon appeal, the Director of Human Services finds that the person meets the requirements set out in subsection (2) of this section and approves the person for admission.

(2) A person shall be approved for admission under subsection (1)(c) of this section if the following conditions exist:

(a) The person is mentally retarded;

(b) Programs and services needed by the person are available in a training center and comparable services are not available in community mental health and developmental disabilities programs or other human service agencies;

(c) Admission to a state training center is the best available plan and in the best interest of the person, family of the person and the community; and

(d) Space is available or may become available within a reasonable time in an appropriate unit of a state training center. [1979 c.683 §8]

Chapter 427

Notes of Decisions

Former commit­ment pro­vi­sions of this chapter were constitu­tional. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Standard of proof in former version of this chapter was proof "beyond a reasonable doubt." State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

As commit­ment pro­ceed­ing is not crim­i­nal matter, principle of double jeopardy has no applica­tion. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Atty. Gen. Opinions

Preemp­tion of the Oregon Revised Statutes by the pro­vi­sions of the Interstate Compact, (1973) Vol 36, p 297; civil commit­ment to Mental Health Division of per­son against whom crim­i­nal charges are pending, (1980) Vol 41, p 91

Law Review Cita­tions

16 WLR 439 (1979)


1 Legislative Counsel Committee, CHAPTER 427—Persons With Mental Retardation; Persons With Developmental Disabilities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­427.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 427, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­427ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.