77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

HA to A-Eng. HB 2594 (A to RC)

LC 1001/HB 2594-A8

                       HOUSE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2594
           (INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)

              By JOINT COMMITTEE ON WAYS AND MEANS

                             July 3

  On page 1 of the printed A-engrossed bill, line 2, delete '
and'.
  Delete lines 3 through 9 and insert '426.070, 426.130 and
426.237; and appropriating money.'.
  Delete lines 11 through 25.
  On page 2, delete lines 1 through 41.
  In line 42, delete '1a' and insert '1' and delete '1b ' and
insert '2'.
  In line 44, delete '1b' and insert '2'.
  On page 3, line 27, delete 'shall' and insert 'may'.
  Delete lines 33 and 34 and insert:
  ' (6) This section does not:
  ' (a) Prevent a court from appointing a guardian ad litem to
act for the person; or
  ' (b) Require a county to provide treatment or services to, or
supervision of, the person if the county lacks sufficient funds
for such purposes.'.
  In line 35, delete '1c' and insert '3'.
  On page 4, line 26, delete '1b' and insert '2'.
  On page 5, line 15, delete '1d' and insert '4'.
  On page 6, line 2, delete '1b' and insert '2'.
  In line 13, delete '1e' and insert '5'.
  On page 8, delete lines 39 through 45 and delete pages 9
through 72 and insert:
  '  { +  SECTION 6. + }  { + If Senate Bill 426 becomes law,
section 4 of this 2013 Act (amending ORS 426.130) is repealed and
ORS 426.130, as amended by section 30, chapter 360, Oregon Laws
2013 (Enrolled Senate Bill 426), is amended to read: + }
  ' 426.130. (1) After hearing all of the evidence, and reviewing
the findings of the examiners, the court shall determine whether
the person has a mental illness and is in need of treatment. If,
in the opinion of the court, the person:
  '  { - (a) Does not have a mental illness, the person shall be
discharged forthwith. - }
  '  { - (b) - }  { +  (a) + } Is a person with mental illness
based upon clear and convincing evidence, the court:
  ' (A) Shall order the release of the person and dismiss the
case if:
  ' (i) The person is willing and able to participate in
treatment on a voluntary basis; and
  ' (ii) The court finds that the person will probably do so.
  ' (B) May order conditional release under this subparagraph
subject to the qualifications and requirements under ORS 426.125.
If the court orders conditional release under this subparagraph,
the court shall establish a period of commitment for the
conditional release.
  ' (C) May order commitment of the person with mental illness to
the Oregon Health Authority for treatment if, in the opinion of
the court, subparagraph (A) or (B) of this paragraph is not in
the best interest of the person. If the court orders commitment
under this subparagraph:
  ' (i) The court shall establish a period of commitment.
  ' (ii) The authority may place the committed person in
outpatient commitment under ORS 426.127.
  ' (D) Shall order that the person be prohibited from purchasing
or possessing a firearm if, in the opinion of the court, there is
a reasonable likelihood the person would constitute a danger to
self or others or to the community at large as a result of the
person's mental or psychological state as demonstrated by past
behavior or participation in incidents involving unlawful
violence or threats of unlawful violence, or by reason of a
single incident of extreme, violent, unlawful conduct.  When a
court makes an order under this subparagraph, the court shall
cause a copy of the order to be delivered to the sheriff of the
county who will enter the information into the Law Enforcement
Data System.
  '  { +  (b) Is not a person with mental illness, the court
shall release the person from custody if the person has been
detained under ORS 426.070, 426.180, 426.228, 426.232 or 426.233
and:
  ' (A) Dismiss the case; or
  ' (B) Order the person to participate in assisted outpatient
treatment in accordance with section 2 of this 2013 Act. The
court may continue the proceeding for no more than seven days to
allow time for the community mental health program director to
develop the person's assisted outpatient treatment plan. + }
  ' (2) A court that orders a conditional release { + , + }
 { - or - }  a commitment  { + or assisted outpatient
treatment + } under this section shall establish a period of
commitment { +  or treatment + } for the person subject to the
order. Any period of commitment ordered for commitment or
conditional release under this section shall be for a period of
time not to exceed 180 days. { +  A period of assisted outpatient
treatment shall be for a period of time not to exceed 12
months. + }
  ' (3) If the commitment proceeding was initiated under 426.070
(1)(a) and if the notice included a request under ORS 426.070
(2)(d)(B), the court shall notify the two persons of the court's
determination under subsection (1) of this section.
  '  { +  SECTION 7. + }  { + In addition to and not in lieu of
any other appropriation, there is appropriated to the Judicial
Department for the biennium beginning July 1, 2013, out of the
General Fund, the amount of $100,000, which may be expended for
carrying out the department's duties under this 2013 Act. + } ' .
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