(1) A peace officer can take someone into custody who they have probable cause to believe is dangerous to themselves or to anyone else & who is in need of immediate care, custody or treatment for mental illness. As directed by the community mental health program director, a peace officer will remove a person taken into custody under this statute to the nearest hospital or non hospital facility approved by the Oregon Health Authority. The officer will prepare a written report & deliver it to the licensed independent practitioner who is treating the person. The report will state:

(a) the reason for custody

(b) the date, time & place the person was taken into custody AND

(c) the name of the community mental health program director & a telephone number where the director may be reached at all times

(2) a peace officer will take a person into custody when the community mental health program director, pursuant to 426.233 (Authority of community mental health program director and of other individuals), notifies the peace officer that the director has probable cause to believe that the person is imminently dangerous to themselves or to anyone else. As directed by the community mental health program director, the peace officer will take the person to a hospital or non hospital facility approved by the authority. The community mental health program director will prepare a written report that the peace officer will deliver to the licensed independent practitioner who is treating the person. The report will state:

(a) the reason for custody

(b) the date, time & place the person was taken into custody AND

(c) the name of the community mental health program director & a telephone number where the director may be reached at all times

(3) if more than one (1) hour is required to transport the person to the hospital or non hospital facility from the location where they were taken into custody, the peace officer will obtain, if possible, a certificate from a licensed independent practitioner stating that the travel will not be detrimental to the person's physical health & that the person is dangerous to themselves or to others & is in need of immediate care or treatment for mental illness. The licensed independent practitioner shall have personally examined the person within twenty-four (24) hours prior to signing the certificate

(4) when a peace officer or other authorised individual, acting under this statute, delivers a person to a hospital or non hospital facility, a licensed independent practitioner will examine the person immediately. If the licensed independent practitioner finds the person to be in need of emergency care or treatment for mental illness, the licensed independent practitioner will proceed under 426.232 (Emergency admission), otherwise the person may not be kept in custody. If the person is to be released from custody, the peace officer or the community mental health program director will return the person to the place where they were taken into custody unless the person declines that service

(5) a peace officer may transfer a person in custody under this statute to the custody of an individual authorised by the community mental health program director under 426.233 (Authority of community mental health program director and of other individuals) (3). The peace officer may meet the authorised individual at any location that is in accordance with 426.140 (Place of confinement) to effect the transfer. When transferring a person in custody to an authorised individual, the peace officer shall deliver the report required under (1) & (2) to the authorised individual

(6) an individual authorised under 426.233 (Authority of community mental health program director and of other individuals) (3) will take a person into custody when directed to do so by a peace officer or by a community mental health program director under 426.233

(7) an individual authorised under 426.233 (Authority of community mental health program director and of other individuals) (3) will perform the duties of the peace officer or the community mental health program director required by this section & 426.233 (Authority of community mental health program director and of other individuals) if the peace officer or the director has not already done so.

(8) an individual authorised under 426.233 (Authority of community mental health program director and of other individuals) (3) may transfer a person in custody under this section to the custody of another individual authorised under 426.233 (Authority of community mental health program director and of other individuals) (3) or a peace officer. The individual transferring custody may meet another authorised individual or a peace officer at any location that is in accordance with 426.140 (Place of confinement) to effect the transfer

(9)(a) when a peace officer takes a person into custody under this section, & the peace officer reasonably suspects that the person is a foreign national, the peace officer will inform the person of their right to communicate with an official from their country's consulate

(b) a peace officer is not civilly or criminally liable for failure to provide the information required by this subsection. Failure to provide the information required by this subsection does not in itself constitute grounds for the exclusion of evidence that would otherwise be admissible in a proceeding