Bill Text: OR SB506 | 2013 | Regular Session | Introduced

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Bill Title: Relating to secure residential facilities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB506 Detail]

Download: Oregon-2013-SB506-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2877

                         Senate Bill 506

Sponsored by Senator CLOSE (at the request of Linn County
  Commissioner John Lindsey)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Excludes secure residential treatment homes and facilities as
permitted use under zoning requirements. Requires secure
residential homes and facilities to notify county mental health
authority of names of residents placed in county who are under
jurisdiction of Psychiatric Security Review Board. Requires
Oregon Health Authority to notify local law enforcement of
licensing of secure residential home or facility.

                        A BILL FOR AN ACT
Relating to secure residential facilities; amending ORS 197.660
  and 443.465.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 197.660 is amended to read:
  197.660. As used in ORS 197.660 to 197.670, 215.213, 215.263,
215.283, 215.284 and 443.422:
  (1) { + (a) + } 'Residential facility' means a residential
care, residential training or residential treatment facility, as
those terms are defined in ORS 443.400, that provides residential
care alone or in conjunction with treatment or training or a
combination thereof for six to fifteen individuals who need not
be related. Staff persons required to meet licensing requirements
shall not be counted in the number of facility residents, and
need not be related to each other or to any resident of the
residential facility.
   { +  (b) 'Residential facility' does not include a secure
residential treatment facility that is subject to rules adopted
by the Oregon Health Authority under ORS 443.465. + }
  (2) { + (a) + } 'Residential home' means a residential
treatment or training home, as defined in ORS 443.400, a
residential facility registered under ORS 443.480 to 443.500 or
an adult foster home licensed under ORS 443.705 to 443.825 that
provides residential care alone or in conjunction with treatment
or training or a combination thereof for five or fewer
individuals who need not be related. Staff persons required to
meet licensing requirements shall not be counted in the number of
facility residents, and need not be related to each other or to
any resident of the residential home.
   { +  (b) 'Residential home' does not include a secure
residential treatment home that is subject to rules adopted by
the authority under ORS 443.465. + }
  (3) 'Zoning requirement' means any standard, criteria,
condition, review procedure, permit requirement or other
requirement adopted by a city or county under the authority of
ORS chapter 215 or 227 that applies to the approval or siting of
a residential facility or residential home. A zoning requirement
does not include a state or local health, safety, building,
occupancy or fire code requirement.
  SECTION 2. ORS 443.465 is amended to read:
  443.465.  { + (1) As used in this section, a residential
treatment home or facility is 'secure' if all resident exits from
the home, facility or grounds of the home or facility are
restricted through the use of locking devices on resident exit
doors, gates or other closures. + }
    { - (1) - }  { +  (2) + } The Oregon Health Authority shall
adopt rules applicable to secure residential treatment homes and
facilities as defined in ORS 443.400 that house persons who, as a
condition of release under ORS 161.315 to 161.351, are required
to live in a secure home or facility. The rules must:
  (a)   { - Provide - }  { +  Set + } minimum security, health
and safety standards;
  (b) Require the home or facility to have an emergency
preparedness plan;
  (c) Set minimum training standards for the staff of the home or
facility;   { - and - }
  (d) Ensure compliance with any orders of the court or the
Psychiatric Security Review Board  { - . - }  { + ; and
  (e) Notwithstanding ORS 179.505, require secure residential
treatment homes and facilities that contract with the Psychiatric
Security Review Board to notify the county mental health
authority of the names of residents placed in that county who are
under the jurisdiction of the board. + }
    { - (2) As used in this section, a residential treatment home
or facility is 'secure' if a resident exit from the home,
facility or grounds of the home or facility is restricted through
the use of locking devices on resident exit doors, gates or other
closures. - }
   { +  (3) The authority shall notify local law enforcement of
the licensing of a secure residential treatment home or facility
within the jurisdiction of the law enforcement agency. + }
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