77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session HA to A-Eng. HB 2594 (A to RC) LC 1001/HB 2594-A8 HOUSE AMENDMENTS TO A-ENGROSSED HOUSE BILL 2594 (INCLUDING AMENDMENTS TO RESOLVE CONFLICTS) By JOINT COMMITTEE ON WAYS AND MEANS July 3 On page 1 of the printed A-engrossed bill, line 2, delete ' and'. Delete lines 3 through 9 and insert '426.070, 426.130 and 426.237; and appropriating money.'. Delete lines 11 through 25. On page 2, delete lines 1 through 41. In line 42, delete '1a' and insert '1' and delete '1b ' and insert '2'. In line 44, delete '1b' and insert '2'. On page 3, line 27, delete 'shall' and insert 'may'. Delete lines 33 and 34 and insert: ' (6) This section does not: ' (a) Prevent a court from appointing a guardian ad litem to act for the person; or ' (b) Require a county to provide treatment or services to, or supervision of, the person if the county lacks sufficient funds for such purposes.'. In line 35, delete '1c' and insert '3'. On page 4, line 26, delete '1b' and insert '2'. On page 5, line 15, delete '1d' and insert '4'. On page 6, line 2, delete '1b' and insert '2'. In line 13, delete '1e' and insert '5'. On page 8, delete lines 39 through 45 and delete pages 9 through 72 and insert: ' { + SECTION 6. + } { + If Senate Bill 426 becomes law, section 4 of this 2013 Act (amending ORS 426.130) is repealed and ORS 426.130, as amended by section 30, chapter 360, Oregon Laws 2013 (Enrolled Senate Bill 426), is amended to read: + } ' 426.130. (1) After hearing all of the evidence, and reviewing the findings of the examiners, the court shall determine whether the person has a mental illness and is in need of treatment. If, in the opinion of the court, the person: ' { - (a) Does not have a mental illness, the person shall be discharged forthwith. - } ' { - (b) - } { + (a) + } Is a person with mental illness based upon clear and convincing evidence, the court: ' (A) Shall order the release of the person and dismiss the case if: ' (i) The person is willing and able to participate in treatment on a voluntary basis; and ' (ii) The court finds that the person will probably do so. ' (B) May order conditional release under this subparagraph subject to the qualifications and requirements under ORS 426.125. If the court orders conditional release under this subparagraph, the court shall establish a period of commitment for the conditional release. ' (C) May order commitment of the person with mental illness to the Oregon Health Authority for treatment if, in the opinion of the court, subparagraph (A) or (B) of this paragraph is not in the best interest of the person. If the court orders commitment under this subparagraph: ' (i) The court shall establish a period of commitment. ' (ii) The authority may place the committed person in outpatient commitment under ORS 426.127. ' (D) Shall order that the person be prohibited from purchasing or possessing a firearm if, in the opinion of the court, there is a reasonable likelihood the person would constitute a danger to self or others or to the community at large as a result of the person's mental or psychological state as demonstrated by past behavior or participation in incidents involving unlawful violence or threats of unlawful violence, or by reason of a single incident of extreme, violent, unlawful conduct. When a court makes an order under this subparagraph, the court shall cause a copy of the order to be delivered to the sheriff of the county who will enter the information into the Law Enforcement Data System. ' { + (b) Is not a person with mental illness, the court shall release the person from custody if the person has been detained under ORS 426.070, 426.180, 426.228, 426.232 or 426.233 and: ' (A) Dismiss the case; or ' (B) Order the person to participate in assisted outpatient treatment in accordance with section 2 of this 2013 Act. The court may continue the proceeding for no more than seven days to allow time for the community mental health program director to develop the person's assisted outpatient treatment plan. + } ' (2) A court that orders a conditional release { + , + } { - or - } a commitment { + or assisted outpatient treatment + } under this section shall establish a period of commitment { + or treatment + } for the person subject to the order. Any period of commitment ordered for commitment or conditional release under this section shall be for a period of time not to exceed 180 days. { + A period of assisted outpatient treatment shall be for a period of time not to exceed 12 months. + } ' (3) If the commitment proceeding was initiated under 426.070 (1)(a) and if the notice included a request under ORS 426.070 (2)(d)(B), the court shall notify the two persons of the court's determination under subsection (1) of this section. ' { + SECTION 7. + } { + In addition to and not in lieu of any other appropriation, there is appropriated to the Judicial Department for the biennium beginning July 1, 2013, out of the General Fund, the amount of $100,000, which may be expended for carrying out the department's duties under this 2013 Act. + } ' . ----------