OAR 309-033-0520: Classes of Facility that Provide Care, Custody or Treatment to Persons under Civil Commitment or to Persons in Custody or on Diversion.
Edition: Current OARD snapshotEffective: 2023-04-07Last verified: 2026-09-07
(1) Division to assign classification. The Division shall assign a classification to a facility approved to serve a person under civil commitment pursuant to ORS 426.130, or a person in custody pursuant to ORS 426.232, 426.233, or on diversion pursuant to 426.237. (2) 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; (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. (3) 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 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. (4) Class 3. A Class 3 facility is a residential facility that is approved under OAR 309-035-0100 through 0309-035-0190 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.
Official history and status
Statutory/Other Authority: ORS 413.042 & 426.238
Statutes/Other Implemented: ORS 426.005 - 426.395
History: BHS 9-2023, amend filed 04/04/2023, effective 04/07/2023 BHS 12-2021, amend filed 06/16/2021, effective 06/16/2021 BHS 13-2020, temporary amend filed 10/21/2020, effective 10/21/2020 through 04/18/2021 MHD 8-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-210-0030
This rule cites
- ORS 426.130 — resolved
- ORS 426.232 — resolved
- 426.233 — resolved
- OAR 309-033-0530 — resolved
- OAR 309-035-0100 — resolved
- 309-035-0190 — resolved
Cited by
Official source: https://secure.sos.state.or.us/oard/