HomeMy WebLinkAboutOrder 050 - Custodial Officer AuthorizationDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of August 5, 2009
DATE: July 20, 2009
FROM: Lori Hill, Adult Treatment Program Manager, Deschutes County Health Services, 322 -7535
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order #2009 -050, document appointing specific individuals w th
the authority to act as designees for the purpose of ordering a Peace Officer to take a person into
custody pursuant to ORS 426.228 and ORS 426.233.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
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 himself or herself or to any other
person and is in need of immediate care custody or treatment for mental illness. 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 himself or herself or to any other person. 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. Based upon the foregoing recitals and pursuant to ORS 426.233(3) we
request that the Board appoints from the Department of Mental Health Anne Muir, Alyssa Revelei
and Breanna Montoya of the Mobile Crisis Team and 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, authorization to perform the following duties:
(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;
(c) Notify a person authorized under 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 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 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.
FISCAL IMPLICATIONS:
No fiscal implications.
RECOMMENDATION & ACTION REQUESTED:
Mental Health recommends approval.
ATTENDANCE: Lori Hill, Adult Treatment Program Manager
DISTRIBUTION OF DOCUMENTS:
A fully executed copy to Nancy England, Contract Specialist, Mental Health Department.
VIEWM r
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Authorizing Designated Persons to
Provide Custody and Secure Transportation
Services for Allegedly Mentally Ill Persons in
Custody of Peace Officers
*
* ORDER NO. 2009 -050
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 communi ty
health services program director notifies the officer that the director has probable cause to believe that tiie
person is imminently dangerous to themselves or to any other person; and
WHEREAS, upon recommendation by the community health services 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 health services program director, has advised that tie
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 Breanna Montoya of the
Mobile Crisis Team and Melissa Monahan, Kevin Shaw and Larissa Yoder of the Crisis Assessment Team, tht
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. In accordance with ORS 430.610 to 430.695 and when probable cause exists to
believe a person satisfies the criteria set forth in ORS 426.233 (1) (b) the community health services
program director and those persons referred to in Section 1 of this Order are specifically authorized to Rio
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. 2009-050
(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 Board may, upon recommendation by the community health services program
director, authorize any person to provide custody and secure transportation services for a person in custody
under ORS 426.228. The Board hereby authorizes the persons referred to in Section 1 of this Order 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 health services program director under
the provisions of ORS 426.233;
(c) Remove a person in custody in an approved hospital or nonhospital facility as directed by the
community health services program director;
(d) Transfer a person in custody to another person authorized under ORS 426.233 (3) 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 health services 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 day of , 2009.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COLTNTY, OREGON
TAMMY BANEY, Chair
ATTEST: DENNIS R. LUKE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
PAGE 2 OF 2- ORDER NO. 2009-050