Or. Admin. R. 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.

(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:
1. (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;
2. (b) A state hospital or a residential facility operated by a state hospital on a state hospital campus; or
3. (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:
1. (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;
2. (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.

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