(1) If the person, a relative, guardian or friend, or institution staff have probable cause to believe that an inmate or youth offender is a person with mental retardation 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 assessment 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 mental retardation and otherwise eligible for admission to a state training center pursuant to ORS 427.010 and other applicable statutes and rules of the Department of Human Services, the person 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 mental retardation, the person shall be committed and transferred to a training center designated by the Department of Human Services as soon as space in an appropriate unit 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]
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