Oregon Revised Statutes

Or. Rev. Stat. § 179.473 (2026)

Transfers between institutions; rules

✓ current as of May 2026

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179.473 Transfers between institutions; rules. (1) Whenever the health and welfare of the person and the efficient administration of the institution require the transfer of an adult in custody in a Department of Corrections institution or an adjudicated youth in a youth correction facility to another institution or facility:

(a) The Department of Corrections or the Oregon Youth Authority, with the consent of the Department of Human Services, may transfer a person at any institution under its jurisdiction to a residential facility for persons with intellectual disabilities or, with the consent of the Oregon Health and Science University, to the Oregon Health and Science University.

(b) The Department of Corrections may transfer an adult in custody in a Department of Corrections institution to a state hospital listed in ORS 426.010 for evaluation and treatment pursuant to rules adopted jointly by the Department of Corrections and the Oregon Health Authority.

(c) The Oregon Youth Authority may transfer an adjudicated youth or other person confined in a youth correction facility to a hospital or facility designated by the Oregon Health Authority for evaluation and treatment pursuant to rules adopted jointly by the Oregon Youth Authority and the Oregon Health Authority.

(d) Except as provided in subsection (2) of this section, the Department of Corrections or the Oregon Youth Authority may make a transfer of a person from any institution under the jurisdiction of the department or the Oregon Youth Authority to any other institution under the jurisdiction of the department or authority.

(2) An adjudicated youth in a youth correction facility may not be transferred to a Department of Corrections institution under subsection (1) of this section. An adjudicated youth in a youth correction facility who has been transferred to another institution may not be transferred from such other institution to a Department of Corrections institution.

(3) The rules adopted under subsection (1)(b) and (c) of this section must:

(a) Provide the adult in custody or adjudicated youth with the rights to which persons are entitled under ORS 179.485.

(b) Provide that a transfer of an adult in custody or an adjudicated youth to the Oregon Health Authority for stabilization and evaluation for treatment may not exceed 30 days unless the transfer is extended pursuant to a hearing required by paragraph (c) of this subsection.

(A) The Oregon Health Authority determines that administrative commitment for treatment for a mental illness is necessary or advisable or that the authority needs more than 30 days to stabilize or evaluate the adult in custody or adjudicated youth for treatment; and

(B) The adult in custody or adjudicated youth does not consent to the administrative commitment or an extension of the transfer.

(d) Provide for, at a minimum, all of the following for the administrative commitment hearing process:

(A) Written notice to the adult in custody or adjudicated youth that an administrative commitment to a state hospital listed in ORS 426.010 or a hospital or facility designated by the Oregon Health Authority or an extension of the transfer is being considered. The notice required by this subparagraph must be provided far enough in advance of the hearing to permit the adult in custody or adjudicated youth to prepare for the hearing.

(B) Disclosure to the adult in custody or adjudicated youth, at the hearing, of the evidence that is being relied upon for the administrative commitment or the extension of the transfer.

(C) An opportunity, at the hearing, for the adult in custody or adjudicated youth to be heard in person and to present documentary evidence.

(D) An opportunity, at the hearing, for the adult in custody or adjudicated youth to present the testimony of witnesses and to confront and cross-examine witnesses called by the state. The opportunity required by this subparagraph may be denied upon a finding by the decision maker of good cause for not permitting the adult in custody or adjudicated youth to present the testimony of witnesses or confront or cross-examine witnesses called by the state.

(E) An independent decision maker for the hearing.

(F) A written statement by the decision maker of the evidence relied upon by the decision maker and the reasons for administratively committing the adult in custody or adjudicated youth or extending the transfer.

(G) A qualified and independent assistant for the adult in custody or adjudicated youth to be provided by the state if the adult in custody or adjudicated youth is financially unable to provide one.

(H) Effective and timely notice of the procedures required by subparagraphs (A) to (G) of this paragraph.

(e) Provide that an adult in custody or an adjudicated youth may not be administratively committed involuntarily unless the independent decision maker finds by clear and convincing evidence that the adult in custody or adjudicated youth is a person with mental illness as defined in ORS 426.005.

(f) Provide that the duration of an administrative commitment pursuant to an administrative commitment hearing be no more than 180 days unless the administrative commitment is renewed in a subsequent administrative commitment hearing. Notwithstanding this paragraph, an administrative commitment may not continue beyond the term of incarceration to which the adult in custody was sentenced or beyond the period of time that the adjudicated youth may be placed in a youth correction facility. [1965 c.616 §84 (enacted in lieu of 179.474); 1969 c.597 §40; 1975 c.662 §1; 1977 c.601 §1; 1987 c.320 §126; 1997 c.249 §52; 1999 c.110 §2; 2005 c.439 §§1,2; 2007 c.70 §43; 2009 c.595 §141; 2013 c.36 §50; 2013 c.360 §12; 2019 c.213 §48; 2021 c.489 §19]

179.474 [1957 c.160 §1; repealed by 1965 c.616 §83 (179.473 enacted in lieu of 179.474)]

179.475 [1977 c.601 §3; 1987 c.320 §127; 1999 c.110 §3; repealed by 2005 c.439 §5]

179.476 [1957 c.160 §2; 1965 c.616 §85; 1969 c.597 §41; 1975 c.662 §2; repealed by 1977 c.601 §8]

179.477 [1977 c.601 §4; 1979 c.408 §6; 1985 c.242 §6; 1987 c.320 §128; 1999 c.110 §4; 2001 c.104 §59; repealed by 2005 c.439 §5]

Notes of Decisions

Cited in 11 cases, 1971–1977 · leading case: State Ex Rel. Juv. Dep't v. Kent, 572 P.2d 1059 (Or. Ct. App. 1977).

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State Ex Rel. Juv. Dep't v. Kent, 572 P.2d 1059 (Or. Ct. App. 1977). · cites it 2× “710 give the division the authority to imprison the male in the Oregon State Correctional Institution: "The Oregon State Correctional Institution in Marion County is to be maintained for the confinement, discipline, education, rehabilitation and reformation of such male persons…”

State v. Weidner, 487 P.2d 1385 (Or. Ct. App. 1971). “* * * “(2) Subject to ORS 179.473 and 419.509, place the child in the legal custody of a public or private institution or agency authorized to accept the child or, if the child is at least 12 years of age, to the Corrections Division.”

Chochrek v. Cupp, 541 P.2d 495 (Or. Ct. App. 1975). “The only statutory provisions that I have been able to find which deal with the transfer of inmates between state institutions are the following: Transfers of inmates from one state institution to another state institution are provided for generally in ORS 179.473 et seq.…”

Harris v. Cupp, 485 P.2d 1113 (Or. Ct. App. 1971). · cites it 2× “” This language, read in pari materia with ORS 179.473 and 179.476, indicates that the legislature intended that an inmate who is paroled would not be moved to another institution.”

State ex rel. Juv. Dep't v. Mathis, 537 P.2d 148 (Or. Ct. App. 1975). · cites it 3× “See ORS 179.473, 179.476(3) and (4), and 420.”

State ex rel. Juv. Dep't v. Richardson, 508 P.2d 476 (Or. Ct. App. 1973). · cites it 2× “If the commitment is made *263 to the Corrections Division the court shall make no commitment directly to any juvenile training school, as defined in ORS 420.”

State ex rel. Multnomah Cnty. Juv. Dep't v. Wagner, 519 P.2d 400 (Or. Ct. App. 1974). · cites it 3× “failed to accomplish, its rehabilitative goals or if Wagner proved to be disruptive at MacLaren, there was authority under ORS 179.473 ② for his transfer to the Oregon Correctional Institution.”

Parker v. Talkington, 521 P.2d 25 (Or. Ct. App. 1974). “That purpose can continue to be accomplished in this case; pursuant to ORS 179.473 and ORS chs 427 to 430 the Division has continuing authority to transfer Daniel Parker to other institutions under its control.”

State v. Weidner, 484 P.2d 844 (Or. Ct. App. 1971). “* * * "(2) Subject to ORS 179.473 and 419.509, place the child in the legal custody of a public or private institution or agency authorized to accept the child or, if the child is at least 12 years of age, to the Corrections Division.”

In Re Mathis, 537 P.2d 148 (Or. Ct. App. 1975). · cites it 3× “See ORS 179.473, 179.476(3) and (4), and 420.”

State v. Wolberg, 483 P.2d 104 (Or. Ct. App. 1971). “…limitations of law and we cannot conclude that the trial court was wrong in its assessment thereof. ① Affirmed. ① See ORS 179.473 and 179.476.”

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.