Chapter 181A — State Police; Crime Reporting and Records; Public Safety Standards and Training; Private Security

ORS 181A.290 Certain information required from agencies; rules

(1)

The Department of Human Services, the Oregon Health Authority, the Psychiatric Security Review Board and the Judicial Department shall provide the Department of State Police with the minimum information necessary to identify persons who:

(a)

Have been committed by a court to the Oregon Health Authority under ORS 426.130, based on a finding that the person is a danger to self or others;

(b)

Are subject to a court order under ORS 426.130 or 426.133 prohibiting the person from purchasing or possessing a firearm;

(c)

Have been committed by a court to the Department of Human Services under ORS 427.290, based on a finding that the person is a danger to self or others;

(d)

Have been found by a court to lack fitness to proceed under ORS 161.363 and 161.370;

(e)

Have been found guilty except for insanity of a crime under ORS 161.290 to 161.373;

(f)

Have been found responsible except for insanity for an act under ORS 419C.411;

(g)

Have been placed under the jurisdiction of the Psychiatric Security Review Board under ORS 161.315 to 161.351; or

(h)

Have been committed to a state hospital or facility under ORS 161.315 to 161.351 or 419C.529 to 419C.542.

(2)

Upon receipt of the information described in this section, the Department of State Police shall access and maintain the information and transmit the information to the federal government as required under federal law.

(3)

The Department of Human Services, the Oregon Health Authority, the Psychiatric Security Review Board and the Judicial Department shall enter into agreements with the Department of State Police describing the access to information provided under this section.

(4)

The Department of State Police shall adopt rules:

(a)

After consulting with the Department of Human Services, the Oregon Health Authority, the Psychiatric Security Review Board and the Judicial Department, describing the type of information provided to the Department of State Police under this section; and

(b)

Describing the method and manner of maintaining the information described in this section and transmitting the information to the federal government.

(5)

As used in this section, “minimum information necessary” means data elements or nominal information that is necessary or required under federal law to accurately identify a person described in this section and includes the person’s name, date of birth, gender and reference information that identifies the originating agency or court and enables the originating agency or court to locate an underlying record or file of a person described in this section. “Minimum information necessary” does not include any medical, psychiatric or psychological information, case histories or files of a person described in this section or any record or file of an originating agency or court.

Note: 181A.290 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

MISSING PERSONS PROCEDURES