ORS 179.478: Examination for intellectual disability; commitment hearing; transfer to facility for persons with intellectual disability; termination of sentence.

(1) If an adult in custody or adjudicated youth, a relative, guardian or friend of an adult in custody or adjudicated youth, or institution staff have probable cause to believe that an adult in custody or adjudicated youth is a person with an intellectual disability to such a degree that the adult in custody or adjudicated youth cannot adjust to or benefit from the Department of Corrections institution or youth correction facility, the superintendent of the institution shall request that a diagnostic evaluation described in ORS 427.105 be performed by the Department of Human Services or its designee. If there is probable cause to believe that the adult in custody or adjudicated youth is a person with an intellectual disability and is in need of commitment for residential care, treatment and training pursuant to ORS 427.235 to 427.292, the adult in custody or adjudicated youth shall be entitled to a commitment hearing. (2) If the adult in custody or adjudicated youth is by clear and convincing evidence determined by the court to be a person with an intellectual disability and is in need of commitment for residential care, treatment and training, the person shall be committed to the Department of Human Services and transferred to a facility designated by the department as soon as space in an appropriate facility is available, and any sentence to a Department of Corrections institution or commitment to the youth correction facility shall be terminated. [1977 c.601 §5; 1979 c.683 §35; 1987 c.320 §129; 1999 c.110 §5; 2001 c.900 §41; 2007 c.70 §44; 2011 c.658 §33; 2013 c.36 §51; 2019 c.213 §49; 2021 c.489 §20]