2009-70-Order No. 2009-014 Recorded 2/13/2009DESCHUTES COUNTY OFFICIAL RECORDS CJ 2009'10
VIE D NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 02/13/2009 08;26;20 AM
FT~-L C UNSEL IIIIIIIIIIIIIIIIilllllIIIIII
2009-70
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Authorizing Designated Persons to Provide
Custody and Secure Transportation Services for Allegedly * ORDER NO. 2009-014
Mentally III Persons in Custody of Peace Officers
WHEREAS, Oregon Revised Statutes (ORS) 426.228 authorizes Peace Officers to take into custody
any person who the officer has probable cause to believe is dangerous to themselves or to any other person and
is in need of immediate care custody or treatment for mental illness; and
WHEREAS, Peace Officers are required by law to take persons into custody when the community
mental health and developmental disabilities program director notifies the officer that the director has probable
cause to believe that the person is imminently dangerous to themselves or to any other person; and
WHEREAS, upon recommendation by the community mental health and developmental disabilities
program director, the Board may authorize designated mental health staff to order persons to be taken into
custody pursuant to ORS 426.233; and
WHEREAS, Scott Johnson, the community mental health and developmental disabilities program
director, has advised that the persons named in this Order meet the standards established by State Department of
Human Services rules and recommended that they be authorized to provide custody and secure transportation
services of persons in custody under ORS 426.228, as provided by law. Now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. Based upon the foregoing recitals and pursuant to ORS 426.233(3) the Board hereby
appoints from the Department of Mental Health Anne Muir, Alyssa Reveles and Tim Moore of the Mobile
Crisis Team and Jennifer Malter-Barrows, Melissa Monahan, Kevin Shaw and Larissa Yoder of the Crisis
Assessment Team, the Crisis Team Supervisor, Terry Schroeder and the Adult Treatment Program Manager,
Lori Hill, who are each authorized to perform all duties as outlined in Section 2.
Section 2. A designee of this section must be recommended by the community mental health
and developmental disabilities program director, meet the standards established by rule of the department
and be approved by the county governing body before assuming the authority permitted under this section.
Persons designated in Section 1 of this Order are specifically authorized to do the following:
(a) Notify a peace officer to take the person into custody and direct the officer to remove the person to a
hospital or nonhospital facility approved by the Department of Human Services;
(b) Authorize involuntary admission of, or if, already admitted, cause to be involuntarily retained in a
nonhospital facility approved by the department, a person approved for care or treatment at a
nonhospital facility by a physician under ORS 426.232;
PAGE 1 of 2- ORDER No. 2009-014 (02/09/09)
(c) Notify a person authorized under subsection (3) of this section to take the person into custody and
direct the authorized person to remove the person in custody to a hospital or nonhospital facility
approved by the department;
(d) Direct a person authorized under subsection (3) of this section to transport a person in custody from
a hospital or nonhospital facility approved by the department to another hospital or nonhospital facility
approved by the department as provided under ORS 426.235;
(e) Direct a person authorized under subsection (3) of this section to transport a person in custody from
a facility approved by the department to another facility approved by the department as provided under
ORS 426.060.
Section 3. The county governing body may, upon recommendation by the community mental
health and developmental disabilities program director, authorize any person to provide custody and secure
transportation services for a person in custody under ORS 426.228. In authorizing a person under this
subsection, the county governing body shall grant the person the authority to do the following:
(a) Accept custody from a peace officer of a person in custody under ORS 426.228;
(b) Take custody of a person upon notification by the community mental health and developmental
disabilities program director under the provisions of this section;
(c) Remove a person in custody in an approved hospital or nonhospital facility as directed by the
community mental health and developmental disabilities program director;
(d) Transfer a person in custody to another person authorized under this subsection or a peace officer;
(e) Transfer a person in custody from a hospital or nonhospital facility to another hospital facility or
nonhospital facility when directed to do so by the community mental health and developmental
disabilities program director; and
(f) Retain a person in custody at the approved hospital or nonhospital facility until a physician makes a
determination under ORS 426.232.
Section 4. Each person designated in Section 1 of this Order shall retain the authority set forth in this order
so long as they continuously meet standards established by the Department of Human Services and are
employed with the County in the Mobile Crisis Unit or Crisis Assessment Unit of the Mental Health
Department.
DATED this fl day of '2009.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ATTEST:
Recording Secretary
DENNIS R. L E, Vice Chair
C~Gc~
ALAN UNGER, Commissioner
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