Oregon Statutes 427.306 – Confinement of committed persons with intellectual disabilities in least restrictive setting; attendants required
(1) A person, not incarcerated upon a criminal charge, who has been alleged or adjudged to have an intellectual disability and to be in need of commitment for residential care, treatment and training, may not be confined in any prison, jail or other enclosure where those charged with a crime or a violation of a municipal ordinance are incarcerated.
Terms Used In Oregon Statutes 427.306
- Community developmental disabilities program director: means the director of a community developmental disabilities program described in ORS § 430. See Oregon Statutes 427.005
- Facility: means a group home, activity center, community mental health clinic or other facility or program that the Department of Human Services approves to provide necessary services to persons with intellectual disabilities or other developmental disabilities. See Oregon Statutes 427.005
- Intellectual disability: means an intelligence quotient of 70 or below as measured by a qualified professional and existing concurrently with significant impairment in adaptive behavior, that is manifested before the individual is 18 years of age. See Oregon Statutes 427.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Treatment: means the provision of specific physical, mental, social interventions and therapies that halt, control or reverse processes that cause, aggravate or complicate malfunctions or dysfunctions. See Oregon Statutes 427.005
(2) A person alleged or adjudged to have an intellectual disability and to be in need of commitment for residential care, treatment and training, who is not incarcerated on a criminal charge, may not be confined without an attendant in charge of the person. If the person is not confined in a hospital or a facility, the community developmental disabilities program director or sheriff having the person in custody shall select some suitable individual to act as attendant in quarters suitable for the comfortable, safe and humane confinement of the person. The person shall be detained in the least restrictive setting consistent with the person’s emotional and physical needs and the protection of others. [1979 c.683 § 26; 2009 c.595 § 448; 2011 c.658 § 24; 2013 c.36 § 12]
[1973 c.585 § 3; repealed by 1979 c.683 § 37]
[1973 c.585 § 6; repealed by 1979 c.683 § 37]
[1973 c.585 § 4; repealed by 1979 c.683 § 37]
[1973 c.585 § 5; repealed by 1979 c.683 § 37]
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