Bill Text: OR SB420 | 2011 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to mentally ill defendants; appropriating money; and declaring an emergency.

Sponsorship: Unknown

Status: (Passed) 2011-08-03 - Effective date, August 2, 2011. [SB420 Detail]

Download: Oregon-2011-SB420-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

SA to A-Eng. SB 420 (A to RC)

LC 2759/SB 420-A9

                      SENATE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 420
           (INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)

              By JOINT COMMITTEE ON WAYS AND MEANS

                             June 24

  On page 1 of the printed A-engrossed bill, line 3, after '
161.329,' insert '161.332,' and after '161.385,' insert '
161.387,'.
  In line 5, after '810.375;' insert 'appropriating money;'.
  On page 2, delete lines 19 through 26 and insert:
  ' (2)(a) Except as otherwise provided in section 15 of this
2011 Act, the Psychiatric Security Review Board shall exercise
exclusive jurisdiction over a tier one offender until the board
discharges the person from the jurisdiction of the board or the
maximum period of jurisdiction expires.
  ' (b) When the board orders a tier two offender committed to a
state hospital, or a secure intensive community inpatient
facility, under ORS 161.315 to 161.351, the order shall transfer
jurisdiction over the person to the Oregon Health Authority.
  ' (c) When the authority orders a tier two offender
conditionally released under ORS 161.315 to 161.351, the order
shall transfer jurisdiction over the person to the board.
  ' (d) The authority shall assume jurisdiction over a tier two
offender when the person is returned to a state hospital, or to a
secure intensive community inpatient facility, under ORS 161.336
(4).'.
  On page 5, line 15, after 'practicable' insert 'to the state
hospital or secure intensive community inpatient facility
designated in the order.'.
  Delete line 16.
  Delete lines 36 through 42 and insert:
  ' (c) Within 20 days following the return of the person to a
state hospital or secure intensive community inpatient facility
under this subsection, the agency having jurisdiction over the
person shall conduct a hearing. The agency shall provide notice
of the hearing to the person, the attorney representing the
person and the Attorney General. The state must prove by a
preponderance of the evidence the person's unfitness for
conditional release.  The hearing shall be conducted in
accordance with ORS 161.346.'.
  On page 6, delete line 11 and insert:
  ' (6) A person who has spent'.
  Delete lines 21 through 45 and delete page 7 and insert:
  '  { +  SECTION 3. + } ORS 161.341 is amended to read:
  ' 161.341.   { - (1) If the Psychiatric Security Review Board
finds, upon its initial hearing, that the person presents a
substantial danger to others and is not a proper subject for
conditional release, the board shall order the person committed
to, or retained in, a state hospital designated by the Oregon
Health Authority if the person is at least 18 years of age, or to
a secure intensive community inpatient facility designated by the
authority if the person is under 18 years of age, for custody,
care and treatment. The period of commitment ordered by the board
may not exceed the maximum sentence provided by statute for the
crime for which the person was found guilty except for
insanity. - }
  '  { - (2) - }  { +  (1) + } If at any time after   { - the
commitment of a person - }  { +  a person is committed under ORS
161.315 to 161.351 + } to a state hospital  { - , or to - }  { +
or + } a secure intensive community inpatient facility,
 { - designated by the authority under this section, - }  the
superintendent of the hospital or the director of the secure
intensive community inpatient facility is of the opinion that the
person is no longer affected by mental disease or defect, or, if
so affected, no longer presents a substantial danger to others or
that the person continues to be affected by mental disease or
defect and continues to be a danger to others, but that the
person can be controlled with proper care, medication,
supervision and treatment if conditionally released, the
superintendent or director shall apply to the   { - board - }
 { +  agency having jurisdiction over the person + } for an order
of discharge or conditional release.  The application shall be
accompanied by a report setting forth the facts supporting the
opinion of the superintendent or director. If the application is
for conditional release, the application must
  { - also - }  be accompanied by a verified conditional release
plan. The
  { - board - }  { +  agency + } shall hold a hearing on the
application within 60 days of its receipt. Not less than 20 days
prior to the hearing before the   { - board - }  { +  agency + },
copies of the report shall be sent to the Attorney General.
  '  { - (3) - }  { +  (2) + } The attorney representing the
state may choose a psychiatrist or licensed psychologist to
examine the person prior to the initial or any later decision by
the   { - board - }  { +  agency having jurisdiction over the
person + } on discharge or conditional release.  The results of
the examination shall be in writing and filed with the
 { - board - }  { +  agency + }, and shall include, but need not
be limited to, an opinion as to the mental condition of the
person, whether the person presents a substantial danger to
others and whether the person could be adequately controlled with
treatment as a condition of release.
  '  { - (4) - }  { +  (3) + } Any person who has been committed
to a state hospital, or to a secure intensive community inpatient
facility,
  { - designated by the authority - }  for custody, care and
treatment  { +  under ORS 161.315 to 161.351,  + }or another
person acting on the person's behalf { + , + } may apply to the
 { - board - }  { +  agency having jurisdiction over the
person + } for an order of discharge or conditional release upon
the grounds:
  ' (a) That the person is no longer affected by mental disease
or defect;
  ' (b)   { - If so affected, - }  That the person { + , if so
affected, + } no longer presents a substantial danger to others;
or
  ' (c) That the person continues to be affected by a mental
disease or defect and would continue to be a danger to others
without treatment, but that the person can be adequately
controlled and given proper care and treatment if placed on
conditional release.
  '  { - (5) - }  { +  (4) + } When application is made under
subsection   { - (4) - }  { +  (3) + } of this section, the
 { - board - }  { +  agency having jurisdiction over the
person + } shall require that a report from the superintendent of
the hospital or the director of the secure intensive community
inpatient facility be prepared and transmitted as provided in
subsection   { - (2) - }  { +  (1) + } of this section. The
applicant must prove by a preponderance of the evidence the

applicant's fitness for discharge or conditional release under
the standards of subsection
  { - (4) - }  { +  (3) + } of this section, unless more than two
years has passed since the state had the burden of proof on that
issue, in which case the state shall have the burden of proving
by a preponderance of the evidence the applicant's lack of
fitness for discharge or conditional release. Applications for
discharge or conditional release under subsection   { - (4) - }
 { +  (3) + } of this section   { - shall - }  { +  may + } not
be filed more often than once every six months commencing with
the date of the initial   { - board - }  { +  agency + } hearing.
  '  { - (6) - }  { +  (5) + } The   { - board - }  { +  agency
having jurisdiction over the person + } is not required to hold a
hearing on a first application under subsection   { - (4) - }
 { +  (3) + } of this section any sooner than 90 days after the
initial hearing.   { - However, - }  Hearings resulting from any
subsequent requests shall be held within 60 days of the filing of
the application.
  '  { - (7)(a) In no case shall any person committed by the
court under ORS 161.327 to a state hospital, or to a secure
intensive community inpatient facility, designated by the
authority be held in the hospital or facility for more than 90
days from the date of the court's commitment order without an
initial hearing before the board to determine whether the person
should be conditionally released or discharged. - }
  '  { +  (6)(a) In no case shall a person committed by the court
under ORS 161.327 to a state hospital, or to a secure intensive
community inpatient facility, be held in the hospital or facility
for more than 90 days from the date of the court's commitment
order without an initial hearing before the agency having
jurisdiction over the person to determine whether the person
should be conditionally released or discharged. + }
  ' (b) In no case shall a person be held pursuant to this
section for a period of time exceeding two years without a
hearing before the   { - board - }  { +  agency + } to determine
whether the person should be conditionally released or
discharged.'.
  On page 8, after line 17, insert:
  ' (3) In determining whether a person should be committed to a
state hospital or secure intensive community inpatient facility,
conditionally released or discharged, the board and the authority
shall have as their primary concern the protection of society.'.
  After line 40, insert:
  ' (6) The evidentiary phase of a hearing conducted by the board
or the authority under ORS 161.315 to 161.351 is not a
deliberation for purposes of ORS 192.690.'.
  On page 12, line 34, delete 'Oregon Health Authority' and
insert 'agency having jurisdiction over the person'.
  In line 36, delete 'authority' and insert 'agency'.
  After line 36, insert:
  '  { +  SECTION 11a. + } ORS 161.332 is amended to read:
  ' 161.332. As used in ORS 161.315 to 161.351 and 161.385 to
161.395  { - , - }  { + :
  ' (1) + } 'Conditional release' includes, but is not limited
to, the monitoring of mental and physical health treatment.
   { +  ' (2) 'Tier one offender' means a person who has been
found guilty except for insanity of a tier one offense.
  ' (3) 'Tier one offense' means:
  ' (a) Aggravated murder as defined in ORS 163.095;
  ' (b) Attempt or conspiracy to commit aggravated murder as
defined in ORS 163.095;
  ' (c) Murder as defined in ORS 163.115;
  ' (d) Attempt or conspiracy to commit murder as defined in ORS
163.115;
  ' (e) Manslaughter in the first degree as defined in ORS
163.118;
  ' (f) Manslaughter in the second degree as defined in ORS
163.125;
  ' (g) Assault in the first degree as defined in ORS 163.185;
  ' (h) Assault in the second degree as defined in ORS 163.175;
  ' (i) Kidnapping in the first degree as defined in ORS 163.235;
  ' (j) Kidnapping in the second degree as defined in ORS
163.225;
  ' (k) Rape in the first degree as defined ORS 163.375;
  ' (L) Rape in the second degree as defined in ORS 163.365;
  ' (m) Sodomy in the first degree as defined in ORS 163.405;
  ' (n) Sodomy in the second degree as defined in ORS 163.395;
  ' (o) Unlawful sexual penetration in the first degree as
defined ORS 163.411;
  ' (p) Unlawful sexual penetration in the second degree as
defined ORS 163.408;
  ' (q) Sexual abuse in the first degree as defined in ORS
163.427;
  ' (r) Robbery in the first degree as defined in ORS 164.415;
  ' (s) Robbery in the second degree as defined in ORS 164.405;
  ' (t) Arson in the first degree as defined in ORS 164.325;
  ' (u) Using a child in a display of sexually explicit conduct
as defined in ORS 163.670;
  ' (v) Compelling prostitution as defined in ORS 167.017; or
  ' (w) Aggravated vehicular homicide as defined in ORS 163.149.
  ' (4) 'Tier two offender' means a person who has been found
guilty except for insanity only of offenses that are not tier one
offenses. + }
  '  { +  SECTION 11b. + } ORS 161.387 is amended to read:
  ' 161.387. (1) The Psychiatric Security Review Board, by rule
pursuant to ORS 183.325 to 183.410 and not inconsistent with law,
may implement its policies and set out its procedure and practice
requirements and may promulgate such interpretive rules as the
board deems necessary or appropriate to carry out its statutory
responsibilities.
  ' (2) Administrative meetings of the board   { - and the
evidentiary phase of board hearings - }  are not deliberations
for the purposes of ORS 192.690.'.
  On page 13, delete lines 22 through 29 and insert:
  ' (a) If the court finds that the person is not a proper
subject for conditional release, the court shall order the person
committed to a state hospital or, if the person is under 18 years
of age, to a secure intensive community inpatient facility, for
custody, care and treatment. When the court orders a person
committed under this paragraph, the court shall place the person
under the jurisdiction of:
  ' (A) The Psychiatric Security Review Board, if the person is a
tier one offender.
  ' (B) The Oregon Health Authority, if the person is a tier two
offender.'.
  On page 14, line 3, delete the period.
  In line 24, delete '(6)' and insert '(5)'.
  In line 44, after 'person' delete the rest of the line and
insert 'who is committed to a state hospital or a secure
intensive community inpatient facility'.
  On page 15, line 5, delete 'Oregon Health Authority' and insert
'agency having jurisdiction over the person'.
  In line 7, delete 'committed' and insert 'delivered'.
  In line 9, delete 'committed' and insert 'delivered'.
  In line 10, delete 'Oregon'.
  In line 11, delete 'Health Authority' and insert 'agency having
jurisdiction over the person while the person was committed to a
state hospital or a secure intensive community inpatient
facility'.
  On page 25, line 19, after '161.329,' insert '161.332,'.
  In line 20, after '161.385,' insert '161.387,'.
  In line 28, after '161.329,' insert '161.332,'.
  In line 29, after '161.385,' insert '161.387,'.
  In line 33, delete 'persons' and insert 'tier two offenders, as
defined in ORS 161.332,'.
  In line 36, after '161.329,' insert '161.332,' and after '
161.385,' insert '161.387,'.
  Delete lines 39 through 41 and insert:
  '  { +  SECTION 34. + }  { + The Oregon Health Authority and
the Psychiatric Security Review Board shall each submit a report
to the Legislative Assembly, in the manner provided in ORS
192.245, that describes the implementation and effects of this
2011 Act. The authority and the board shall submit a report under
this section no later than:
  ' (1) March 1 of each year; and
  ' (2) November 1 of each year. + }
  '  { +  SECTION 35. + }  { + Section 34 of this 2011 Act is
repealed on January 1, 2016. + }
  '  { +  SECTION 35a. + }  { + Notwithstanding any other
provision of law, the General Fund appropriation made to the
Department of Justice by section 1, chapter ___, Oregon Laws 2011
(Enrolled Senate Bill 5518), for the biennium beginning July 1,
2011, is increased by $800,800. + }
  '  { +  SECTION 35b. + }  { + Notwithstanding any other law
limiting expenditures, the limitation on expenditures established
by section 2, chapter ___, Oregon Laws 2011 (Enrolled Senate Bill
5518), for the biennium beginning July 1, 2011, as the maximum
limit for payment of expenses from fees, moneys or other
revenues, including Miscellaneous Receipts, but excluding lottery
funds and federal funds, collected or received by the Department
of Justice, is increased by $771,501. + }
  '  { +  SECTION 35c. + }  { + Notwithstanding any other
provision of law, the General Fund appropriation made to the
Oregon Health Authority by section 1 (1), chapter ___, Oregon
Laws 2011 (Enrolled Senate Bill 5529), for the biennium beginning
July 1, 2011, is increased by $595,041. + }
  '  { +  SECTION 35d. + }  { + Notwithstanding any other
provision of law, the General Fund appropriation made to the
Psychiatric Security Review Board by section 1, chapter ___,
Oregon Laws 2011 (Enrolled Senate Bill 5539), for the biennium
beginning July 1, 2011, is increased by $382,222. + }

                               { +
' CONFLICT AMENDMENTS + }

  '  { +  SECTION 36. + }  { + If House Bill 3100 becomes law,
section 12 of this 2011 Act (amending ORS 161.327) is repealed
and ORS 161.327, as amended by section 3, chapter ___, Oregon
Laws 2011 (Enrolled House Bill 3100), is amended to read: + }
  ' 161.327.   { - (1) Following the entry of a judgment pursuant
to ORS 161.319, the court shall order that a person be placed
under the jurisdiction of the Psychiatric Security Review Board
for care and treatment if: - }
  '  { - (a) The person was found guilty except for insanity of a
felony; and - }
  '  { - (b) The court finds by a preponderance of the evidence
that the person is affected by mental disease or defect and
presents a substantial danger to others that requires commitment
or conditional release. - }
  '  { - (2) The court shall determine whether the person should
be committed or conditionally released pending any hearing before
the board as follows: - }
  '  { +  (1) Following the entry of a judgment pursuant to ORS
161.319, if the court finds by a preponderance of the evidence
that a person found guilty except for insanity of a felony is
affected by mental disease or defect and presents a substantial
danger to others, the court shall enter an order as follows: + }

  ' (a) If the court finds that the person   { - presents a
substantial danger to others and - }  is not a proper subject for
conditional release, the court shall order the person committed
to a state hospital   { - designated by the Oregon Health
Authority if the person is at least 18 years of age, - }
or { + , if the person is under 18 years of age, + } to a secure
intensive community inpatient facility
  { - designated by the authority or the Department of Human
Services if the person is under 18 years of age, - }  for
custody, care and treatment   { - pending hearing before the
board in accordance with ORS 161.341 to 161.351 - } . { +  When
the court orders a person committed under this paragraph, the
court shall place the person under the jurisdiction of:
  ' (A) The Psychiatric Security Review Board, if the person is a
tier one offender.
  ' (B) The Oregon Health Authority, if the person is a tier two
offender. + }
  ' (b) If the court finds that the person   { - presents a
substantial danger to others but that the person - }  can be
adequately controlled with supervision and treatment if
conditionally released and that necessary supervision and
treatment are available, the court   { - may - }  { +  shall + }
order the person conditionally released.
  '  { - (3) - }  { +  (2) + } When a person is conditionally
released under this section, the person is subject to those
supervisory orders of the court as are in the best interests of
justice, the protection of society and the welfare of the person.
The court shall designate a person or state, county or local
agency to supervise the person upon release, subject to those
conditions as the court directs in the order for conditional
release. Prior to the designation, the court shall notify the
person or agency to whom conditional release is contemplated and
provide the person or agency an opportunity to be heard before
the court. After receiving an order entered under subsection
 { - (2)(b) - }  { +  (1)(b) + } of this section, the person or
agency designated shall assume supervision of the person pursuant
to the direction of the Psychiatric Security Review Board. The
person or agency designated as supervisor shall be required to
report in writing no less than once per month to the board
concerning the supervised person's compliance with the conditions
of release.
  '  { - (4) For purposes of this section, a person affected by a
mental disease or defect in a state of remission is considered to
have a mental disease or defect requiring supervision when the
disease may, with reasonable medical probability, occasionally
become active and, when active, render the person a danger to
others. - }
  '  { - (5) - }  { +  (3) + } In determining whether a person
should be conditionally released, the court:
  ' (a) May order evaluations, examinations and compliance as
provided in ORS 161.336 (4) and 161.346 (2);   { - and - }
  ' (b) Shall order that the person be examined by a local mental
health program designated by the board and a report of the
examination be provided to the court if each felony for which the
defendant was found guilty except for insanity is a Class C
felony  { - . - }  { + ; and + }
  '  { - (6) - }  { +  (c) + }   { - In determining whether a
person should be committed to a state hospital or to a secure
intensive community inpatient facility or conditionally released,
the court - }  Shall have as its primary concern the protection
of society.
  '  { - (7) - }  { +  (4) + } Upon placing a person on
conditional release, the court shall notify the board in writing
of the court's conditional release order, the supervisor
appointed, and all other conditions of release, and the person
shall be on conditional release pending hearing before the board
 { - in accordance with ORS 161.336 to 161.351 - } . Upon
compliance with this section, the court's jurisdiction over the
person is terminated   { - and the board assumes jurisdiction
over the person - } .
  '  { - (8) - }  { +  (5) + } The  { + total + } period of
 { - jurisdiction of the board is equal to - }   { + commitment
or conditional release under ORS 161.315 to 161.351 may not
exceed + } the maximum sentence provided by statute for the crime
for which the person was found guilty except for insanity.
  '  { - (9) - }  { +  (6) + } An order of the court under this
section is a final order appealable by the person found guilty
except for insanity in accordance with ORS 19.205 (5).
Notwithstanding ORS 19.255, notice of an appeal under this
section shall be served and filed within 90 days after the order
appealed from is entered in the register. The person shall be
entitled on appeal to suitable counsel possessing skills and
experience commensurate with the nature and complexity of the
case. If the person is financially eligible, suitable counsel
shall be appointed in the manner provided in ORS 138.500 (1), and
the compensation for counsel and costs and expenses of the person
necessary to the appeal shall be determined and paid as provided
in ORS 138.500.
  '  { - (10) - }  { +  (7) + }   { - Upon placing a person under
the jurisdiction of the board - }  { +  Following the entry of an
order described in subsection (1) of this section + }, the court
shall notify the person of the right to appeal and the right to a
hearing before the   { - board - }  { +  agency exercising
jurisdiction over the person + } in accordance with ORS 161.336
 { - (7) - }  { +  (5) + } and 161.341   { - (4) - }  { +
(3) + }.
  '  { +  SECTION 37. + }  { + If House Bill 3100 becomes law,
section 13 of this 2011 Act (amending ORS 161.328) is repealed
and ORS 161.328, as amended by section 4, chapter ___, Oregon
Laws 2011 (Enrolled House Bill 3100), is amended to read: + }
  ' 161.328. (1) Following the entry of a judgment pursuant to
ORS 161.319, the court   { - may - }  { +  shall + } order a
person committed to a state mental hospital or other facility
designated by the Oregon Health Authority if:
  ' (a) Each offense for which the person is found guilty except
for insanity is a misdemeanor; and
  ' (b) The court finds that the person is affected by mental
disease or defect and presents a substantial danger to others
that requires commitment.
  ' (2) The total period of commitment under this section may not
exceed the maximum sentence provided by statute for the crime for
which the person was found guilty except for insanity.
  ' (3) If the superintendent of the state mental hospital or the
director of the facility to which the person is committed
determines that a person committed under this section is no
longer affected by mental disease or defect or, if so affected,
no longer presents a substantial danger to others that requires
commitment, the superintendent or director shall file notice of
that determination with the committing court. Upon filing of the
notice, the superintendent or director shall discharge the person
from custody.
  '  { +  SECTION 38. + }  { + If House Bill 3100 becomes law,
section 14 of this 2011 Act (amending ORS 161.329) is
repealed. + }
  '  { +  SECTION 39. + } If House Bill 3100 becomes law, section
15 of this 2011 Act is amended to read:
  '  { +  Sec. 15. + } (1) When a person who is committed to a
state hospital or a secure intensive community inpatient facility
under ORS 161.315 to 161.351 is convicted of a crime and
sentenced to a term of incarceration and when the person is
sentenced to a term of incarceration as a sanction for violating
the conditions of probation, parole or post-prison supervision,
the sentencing court shall stay execution of the sentence pending
the conditional release or discharge of the person or the
expiration of the period of time described in ORS 161.327
 { - (6) - }  { +  (5) + }. When the person is conditionally
released or discharged by the agency having jurisdiction over the
person under ORS 161.315 to 161.351, or when the maximum period
of jurisdiction described in ORS 161.327   { - (6) - }  { +
(5) + } expires, the stay shall be lifted by operation of law and
the person shall be delivered to the custody of the Department of
Corrections or the supervisory authority to begin service of the
sentence imposed.
  ' (2) When a person described in subsection (1) of this section
is delivered to the custody of the department or the supervisory
authority as described in this section, the agency having
jurisdiction over the person while the person was committed to a
state hospital or a secure intensive community inpatient facility
shall notify the department or the supervisory authority when the
period of time described in ORS 161.327   { - (6) - }  { +
(5) + } will expire.
  ' (3) The department or supervisory authority shall notify the
Psychiatric Security Review Board when the person has served the
term of incarceration imposed by the court and the board shall
resume exercising active jurisdiction over the person in
accordance with ORS 161.315 to 161.351.
  ' (4) As used in this section, 'supervisory authority' has the
meaning given that term in ORS 144.087.
  '  { +  SECTION 40. + }  { + If House Bill 3100 becomes law,
section 16 of this 2011 Act (amending ORS 161.325) is repealed
and ORS 161.325, as amended by section 9, chapter 89, Oregon Laws
2010, and section 2, chapter ___, Oregon Laws 2011 (Enrolled
House Bill 3100), is amended to read: + }
  ' 161.325. (1) After entry of judgment of guilty except for
insanity, the court shall, on the basis of the evidence given at
the trial or at a separate hearing, if requested by either party,
  { - make - }  { +  enter + } an order as provided in ORS
161.327, 161.328 or 161.329, whichever is appropriate.
  ' (2) If the court   { - makes - }  { +  enters + } an order as
provided in ORS 161.327, it shall also:
  ' (a) Determine on the record the offense of which the person
otherwise would have been convicted;
  ' (b) State on the record the mental disease or defect on which
the defendant relied for the guilty except for insanity defense;
and
  ' (c) Make specific findings on whether there is a victim of
the crime for which the defendant has been found guilty except
for insanity and, if so, whether the victim wishes to be
notified, under ORS 161.326   { - (2) - } , of any
 { - Psychiatric Security Review Board - }  hearings and orders
concerning the defendant and of any conditional release,
discharge or escape of the defendant.
  ' (3) The court shall include any such findings in its order.
  ' (4) Except under circumstances described in ORS 137.076 (4),
whenever a defendant charged with any offense listed in ORS
137.076 (1) has been found guilty of that offense except for
insanity, the court shall, in any order entered under ORS 161.327
or 161.329, direct the defendant to submit to the obtaining of a
blood or buccal sample in the manner provided in ORS 137.076.
  '  { +  SECTION 41. + } If House Bill 3100 becomes law, section
33 of this 2011 Act is amended to read:
  '  { +  Sec. 33. + } (1) Sections 9 and 15 of this 2011 Act and
the amendments to ORS 21.010, 137.750, 151.216, 161.325, 161.326,
161.327, 161.328,   { - 161.329, - }  161.332, 161.336, 161.341,
161.346, 161.351, 161.375, 161.385, 161.387, 161.390, 161.395,
161.400, 162.135, 162.155, 181.740, 183.315, 183.635, 192.690,
278.315, 430.695, 809.419 and 810.375 by sections 1 to 8, 10 to

 { - 14 and 16 - }  { +  11b, 17 + } to 30 { + , 36, 37 and
40 + } of this 2011 Act become operative on January 1, 2012.
  ' (2) The Psychiatric Security Review Board and the Oregon
Health Authority may adopt rules or take any other action before
the operative date specified in subsection (1) of this section
that is necessary to enable the board or authority to exercise,
on or after the operative date specified in subsection (1) of
this section, all the duties, functions and powers conferred on
the board or authority by sections 9 and 15 of this 2011 Act and
the amendments to ORS 21.010, 137.750, 151.216, 161.325, 161.326,
161.327, 161.328,   { - 161.329, - }  161.332, 161.336, 161.341,
161.346, 161.351, 161.375, 161.385, 161.387, 161.390, 161.395,
161.400, 162.135, 162.155, 181.740, 183.315, 183.635, 192.690,
278.315, 430.695, 809.419 and 810.375 by sections 1 to 8, 10 to
 { - 14 and 16 - }  { +  11b, 17 + } to 30 { + , 36, 37 and
40 + } of this 2011 Act.
  ' (3) On the operative date specified in subsection (1) of this
section, the Oregon Health Authority shall exercise jurisdiction
over tier two offenders, as defined in ORS 161.332, committed to
a state hospital or secure intensive community inpatient facility
under ORS 161.315 to 161.351 in accordance with sections 9 and 15
of this 2011 Act and the amendments to ORS 21.010, 137.750,
151.216, 161.325, 161.326, 161.327, 161.328,
  { - 161.329, - }  161.332, 161.336, 161.341, 161.346, 161.351,
161.375, 161.385, 161.387, 161.390, 161.395, 161.400, 162.135,
162.155, 181.740, 183.315, 183.635, 192.690, 278.315, 430.695,
809.419 and 810.375 by sections 1 to 8, 10 to   { - 14 and 16 - }
 { +  11b, 17 + } to 30 { + , 36, 37 and 40 + } of this 2011 Act.

                               { +
' EMERGENCY CLAUSE + }

  '  { +  SECTION 42. + }  { + This 2011 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act
takes effect on its passage. + } ' .
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