Oregon Statutes 179.478 – Examination for intellectual disability; commitment hearing; transfer to facility for persons with intellectual disability; termination of sentence
(1) If an adult in custody or adjudicated youth, a relative, guardian or friend of an adult in custody or adjudicated youth, or institution staff have probable cause to believe that an adult in custody or adjudicated youth is a person with an intellectual disability to such a degree that the adult in custody or adjudicated youth 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 be performed by the Department of Human Services or its designee. If there is probable cause to believe that the adult in custody or adjudicated youth is a person with an intellectual disability and is in need of commitment for residential care, treatment and training pursuant to ORS § 427.235 to 427.292, the adult in custody or adjudicated youth shall be entitled to a commitment hearing.
Terms Used In Oregon Statutes 179.478
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Institution: means the institutions designated in ORS § 179. See Oregon Statutes 179.010
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(2) If the adult in custody or adjudicated youth 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; 2019 c.213 § 49; 2021 c.489 § 20]