Oregon Statutes - Chapter 427 - Persons With Mental Retardation; Persons With Developmental Disabilities - Section 427.306 - Confinement of persons with mental retardation; attendants; least restrictive setting.

(1) No person, not incarcerated upon a criminal charge, who has been alleged or adjudged a mentally retarded person shall be confined in any prison, jail or other enclosure where those charged with a crime or a violation of a municipal ordinance are incarcerated.

(2) No person alleged or adjudged a mentally retarded person, not incarcerated on a criminal charge, shall be confined without an attendant in charge of the person. If not confined in a community hospital, the community mental health and developmental disabilities program director or sheriff having the person in custody shall select some suitable person 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 personís emotional and physical needs and the protection of others. [1979 c.683 §26]

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Last modified: August 7, 2008