161.390 Rules
for assignment of persons to state mental hospitals or secure intensive
community inpatient facilities; release plan prepared by Oregon Health
Authority. (1) The
Oregon Health Authority shall adopt rules for the assignment of persons to
state mental hospitals or secure intensive community inpatient facilities after
commitment under ORS 161.365 and 161.370 and for establishing standards for
evaluation and treatment of persons committed to a state hospital or a secure
intensive community inpatient facility or ordered to a community mental health
program under ORS 161.315 to 161.351.
(2) When the
Psychiatric Security Review Board requires the preparation of a predischarge or
preconditional release plan before a hearing or as a condition of granting
discharge or conditional release for a person committed under ORS 161.315 to
161.351 to a state hospital or a secure intensive community inpatient facility
for custody, care and treatment, the authority is responsible for and shall
prepare the plan.
(3) In carrying
out a conditional release plan prepared under subsection (2) of this section,
the authority may contract with a community mental health program, other public
agency or private corporation or an individual to provide supervision and
treatment for the conditionally released person.
(4)(a) The board
shall maintain and keep current the medical, social and criminal history of all
persons committed to its jurisdiction. The confidentiality of records
maintained by the board shall be determined pursuant to ORS 161.353 and 192.311
to 192.478.
(b) Except as
otherwise provided by law, upon request of the board, a state hospital, a
community mental health program and any other health care service provider
shall provide the board with all medical records pertaining to a person
committed to the jurisdiction of the board.
(5) The
evidentiary phase of a hearing conducted by the board under ORS 161.315 to
161.351 is not a deliberation for purposes of ORS 192.690. [1975 c.380 §7; 1977
c.380 §18; 1981 c.711 §14; 1993 c.680 §18; 2005 c.22 §109; 2005 c.685 §8; 2009
c.595 §110; 2011 c.708 §5; 2017 c.442 §6; 2018 c.120 §4; 2019 c.328 §1; 2021
c.395 §10; 2025 c.58 §3]
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 1986–2023 · leading case:
Cain v. Rijken, 717 P.2d 140 (Or. 1986).
Cain v. Rijken, 717 P.2d 140 (Or. 1986).
· cites it 3× “ORS 161.390. Providence’s duties concerning its treatment of conditionally released persons were governed by statute, ORS 161.”
Doyle v. City of Medford, 337 P.3d 797 (Or. 2014).
· cites it 2× “At the time of the accident, Rijken had been conditionally released by the Psychiatric Security Review Board to a day treatment program of Providence, which provided community mental health services under ORS 161.390(3), which stated that Providence may take a person such as…”
Maltais v. PeaceHealth, 532 P.3d 510 (Or. Ct. App. 2023).
“336; ORS 161.390(3). The court opted to create a private right of action to enforce that duty even though the legislature neither expressly nor impliedly created such a right.”
Maltais v. PeaceHealth (Or. Ct. App. 2023).
“336; ORS 161.390(3). The court opted to create a private right of action to enforce that duty even though the legislature neither expressly nor impliedly created such a right.”
Doyle v. City of Medford (Or. 2014).
“At the time of the accident, Rijken had been conditionally released by the Psychiatric Security Review Board to a day treatment program of Providence, which provided community mental health services under ORS 161.390(3), which stated that Providence may take a person such as…”
Doyle v. City of Medford (Or. 2014).
“At the time of the accident, Rijken had been conditionally released by the Psychiatric Security Review Board to a day treatment program of Providence, which provided community mental health services under ORS 161.390(3), which stated that Providence may take a person such as…”
— Or. Rev. Stat. § 161.390(3) — 6 cases
Doyle v. City of Medford, 337 P.3d 797 (Or. 2014).
“At the time of the accident, Rijken had been conditionally released by the Psychiatric Security Review Board to a day treatment program of Providence, which provided community mental health services under ORS 161.390(3), which stated that Providence may take a person such as…”
Cain v. Rijken, 717 P.2d 140 (Or. 1986).
“ORS 161.390. Providence’s duties concerning its treatment of conditionally released persons were governed by statute, ORS 161.”
Maltais v. PeaceHealth, 532 P.3d 510 (Or. Ct. App. 2023).
“336; ORS 161.390(3). The court opted to create a private right of action to enforce that duty even though the legislature neither expressly nor impliedly created such a right.”
Maltais v. PeaceHealth (Or. Ct. App. 2023).
“336; ORS 161.390(3). The court opted to create a private right of action to enforce that duty even though the legislature neither expressly nor impliedly created such a right.”
Doyle v. City of Medford (Or. 2014).
“At the time of the accident, Rijken had been conditionally released by the Psychiatric Security Review Board to a day treatment program of Providence, which provided community mental health services under ORS 161.390(3), which stated that Providence may take a person such as…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.