(1) When a patient, who has been placed at the Oregon State Hospital for evaluation, care, custody and treatment under the jurisdiction of the Psychiatric Security Review Board or by court order under ORS 161.315, 161.365 or 161.370, has escaped or is absent without authorization from the Oregon State Hospital or from the custody of any person in whose charge the superintendent has placed the patient, the superintendent may order the arrest and detention of the patient.
(2) When a patient, who has been placed at a secure intensive community inpatient facility for evaluation, care, custody and treatment under the jurisdiction of the Psychiatric Security Review Board or by court order under ORS 161.315, 161.365, 161.370 or 419C.527, has escaped or is absent without authorization from the facility or from the custody of any person in whose charge the director of the facility has placed the patient, the director of the facility shall notify the Director of Human Services. The Director of Human Services may order the arrest and detention of the patient.
(3) The superintendent or the Director of Human Services may issue an order under this section based upon a reasonable belief that grounds exist for issuing the order. When reasonable, the superintendent or the Director of Human Services shall investigate to ascertain whether such grounds exist.
(4) Any order issued by the superintendent or the Director of Human Services as authorized by this section constitutes full authority for the arrest and detention of the patient and all laws applicable to warrant or arrest apply to the order. An order issued by the superintendent or the Director of Human Services under this section expires 72 hours after being signed by the superintendent or the Director of Human Services.
(5) As used in this section, “superintendent” means the superintendent of the Oregon State Hospital or the superintendent’s authorized representative. [1997 c.423 §1; 2005 c.685 §7; 2005 c.843 §24a]
Note: 161.375 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 161 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Section: Previous 161.345 161.346 161.350 161.351 161.360 161.365 161.370 161.375 161.380 161.385 161.387 161.390 161.395 161.397 161.400 NextLast modified: August 7, 2008