(1) A person, other than a person incarcerated upon a criminal charge, who has been adjudged to be a person with mental illness or against whom commitment proceedings have been instituted may not be confined in any prison, jail or other enclosure where those charged with a crime or a violation of a municipal ordinance are incarcerated, unless the person represents an immediate and serious danger to staff or physical facilities of a hospital or other facility approved by the Oregon Health Authority for the care, custody and treatment of the person. (2) A person alleged to have a mental illness who has been taken into custody may not be confined, either before or after the commitment hearing, without an attendant in direct charge of the person. If the person is not confined in a community hospital, the sheriff or community mental health program director having the person in custody shall select an appropriate individual to act as attendant in quarters that are suitable for the comfortable, safe and humane confinement of the person and approved by the authority. [Amended by 1973 c.838 23; 1975 c.690 9; 1977 c.764 1; 2009 c.595 394; 2013 c.360 32]
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