Or. Admin. R. 309-033-0520 - Classes of Facility that Provide Care, Custody or Treatment to Committed Persons or to Persons In Custody or On Diversion
(1) This rule is effective April 19,
2021.
(2) Division to assign
classification. The Division shall assign a classification to a facility
approved to serve a person committed to the Division under ORS
426.130,
or a person in custody pursuant to ORS
426.232,
426.233,
or on diversion pursuant to 426.237.
(3) Class 1. A Class 1 facility is:
(a) A facility that is approved under
applicable administrative rules to be locked to prevent a person from leaving
the facility, to use seclusion and restraint, and to involuntarily administer
psychiatric medication, including a hospital, regional acute psychiatric care
facility or other nonhospital facility approved under OAR 309-033-0530,
Approval of Hospitals and Nonhospital Facilities to Provide Services to
Committed Persons and to Persons in Custody and on Diversion;
(b) A state hospital or a residential
facility operated by a state hospital on a state hospital campus; or;
(c) A facility which, in the opinion of the
Division, restricts the liberty of a person to substantially the same degree as
other facilities in this class.
(4) Class 2. A Class 2 facility is a facility
that is approved under applicable administrative rules to be locked to prevent
a person from leaving the facility. This class of facility includes:
(a) A secure residential facility that is
approved under OAR 309-035-0100 through 309-035-0190, Residential Care
Facilities for Mentally or Emotionally Disturbed Persons, and that is approved
by the Division to be locked to prevent a person from leaving the
facility;
(b) A facility which, in
the opinion of the Division, restricts the liberty of a person to substantially
the same degree as other facilities in this class.
(5) Class 3. A Class 3 facility is a
residential facility that is approved under OAR 309-035-0100 through
0309-035-0190, Residential Care Facilities for Mentally or Emotionally
Disturbed Persons that is not otherwise included in another class of facility.
A Class 3 facility shall not lock its doors to prevent a person from leaving
the facility.
Notes
Statutory/Other Authority: ORS 413.042 & 426.238
Statutes/Other Implemented: ORS 426.005 - 426.395
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