title 35 mental health and developmental disabilities

TITLE 35

MENTAL HEALTH AND DEVELOPMENTALDISABILITIES; SUBSTANCE ABUSE

TREATMENT

Chapter 426. Persons With Mental Illness; Dangerous Persons; Commitment; Housing427. Persons With Intellectual or Developmental Disabilities428. Nonresident Persons With Mental Illness or Intellectual Disabilities430. Mental Health; Developmental Disabilities; Substance Abuse Treatment

Programs

Chapter 426

2017 EDITION

Persons With Mental Illness; Dangerous Persons;Commitment; Housing

PERSONS WITH MENTAL ILLNESS(Definitions)

426.005 Definitions for ORS 426.005 to 426.390

(Hospitals)426.010 State hospitals for persons with mental

illness426.020 Superintendent; chief medical officer426.060 Commitment to Oregon Health Authority;

powers of authority; placement; transfer

(Commitment Procedure)426.070 Initiation; notification required; recom-

mendation to court; citation426.072 Care while in custody; responsibilities of

licensed independent practitioner; rules426.074 Investigation; procedure; content; report426.075 Notice and records of treatment prior to

hearing; procedures426.080 Execution and return of citation or war-

rant of detention426.090 Citation; service426.095 Commitment hearing; postponement;

right to cross-examine; admissibility ofinvestigation report

426.100 Advice of court; appointment of legalcounsel; costs; representation of state’sinterest

426.110 Appointment of examiners; qualifications;costs

426.120 Examination report; rules426.123 Observation of person in custody; warn-

ing; evidence

426.125 Qualifications and requirements for con-ditional release

426.127 Outpatient commitment426.129 Community liaison426.130 Court determination of mental illness;

discharge; release for voluntary treat-ment; conditional release; commitment;assisted outpatient treatment; prohibitionrelating to firearms; period of commit-ment

426.133 Assisted outpatient treatment426.135 Counsel on appeal; costs of appeal426.140 Place of confinement; attendant426.150 Transportation to treatment facility426.155 Release of information about person held

in custody pending commitment proceed-ing or while committed or recommitted

426.160 Disclosure of record of commitment pro-ceeding

426.170 Delivery of certified copy of record

(Emergency and Voluntary Admissions)426.180 Emergency commitment of individuals in

Indian country426.200 Duties following emergency admission426.210 Limit of detention after commitment in

emergency proceedings426.217 Change of status of committed patient to

voluntary patient; effect of change426.220 Voluntary admission; leave of absence;

notice to parent or guardian426.223 Retaking persons in custody of or com-

mitted to Oregon Health Authority; as-sistance of peace officers and others

Title 35 (2017 Edition)

MENTAL HEALTH; SUBSTANCE ABUSE TREATMENT

426.225 Voluntary admission to state hospital ofcommitted person; examination by li-censed independent practitioner

(Emergency Care and Treatment)426.228 Custody; authority of peace officers and

other individuals; transporting to facility;reports; examination of person

426.231 Hold by licensed independent practitioner;when authorized; statement required

426.232 Emergency admission; notice; limit ofhold

426.233 Authority of community mental healthprogram director and of other individuals;costs of transportation

426.234 Duties of professionals at facility whereperson admitted; notification; duties ofcourt

426.235 Transfer between hospital and nonhospitalfacilities

426.236 Rules426.237 Prehearing detention; duties of commu-

nity mental health program director; cer-tification for treatment; court proceedings

426.238 Classifying facilities

(Costs)426.241 Payment of care, custody and treatment

costs; denial of payment; rules426.250 Payment of costs related to commitment

proceedings426.255 County to pay costs

(Trial Visits; Conditional Release; Outpatient Commitment; Early Release)

426.273 Trial visits426.275 Effect of failure to adhere to condition of

placement426.278 Distribution of copies of conditions for

outpatient commitment or trial visit426.292 Release prior to expiration of term of

commitment

(Competency and Discharge)426.295 Judicial determination of competency;

restoration of competency426.297 Payment of expenses for proceeding under

ORS 426.295426.300 Discharge of committed persons; applica-

tion for assistance on behalf of committedperson

426.301 Release of committed person; certificationof continued mental illness; service ofcertificate; content; period of furthercommitment; effect of failure to protestfurther commitment

426.303 Effect of protest of further commitment;advice of court

426.307 Court hearing; continuance; attorney; ex-amination; determination of mental ill-ness; order of further commitment; periodof commitment

426.309 Effect of ORS 426.217 and 426.301 to 426.307on other discharge procedure

(Miscellaneous)426.310 Reimbursement of county expenses for

commitment proceedings involving non-residents

426.320 Payment of certain expenses by the state426.330 Presentation and payment of claims426.335 Limitations on liability426.370 Withholding information obtained in cer-

tain commitment or admission investi-gations

426.380 Availability of writ of habeas corpus426.385 Rights of committed persons426.390 Construction426.395 Posting of statement of rights of commit-

ted persons

(Licensing of Persons Who May Order Restraint or Seclusion)

426.415 Licensing of persons who may order andoversee use of restraint and seclusion infacilities providing mental health treat-ment to individuals under 21 years of age;rules

COMMUNITY INTEGRATION OFPERSONS WITH CHRONIC MENTAL

ILLNESS426.490 Policy426.495 Definitions for ORS 426.490 to 426.500; rules426.500 Powers and duties of Oregon Health Au-

thority; rules426.502 Definitions for ORS 426.502 to 426.508426.504 Power of Oregon Health Authority to de-

velop community housing for persons withchronic mental illness; sale of communityhousing; conditions

426.506 Community Mental Health Housing Fund;Community Housing Trust Account; re-port

426.508 Sale of F. H. Dammasch State Hospital;fair market value; redevelopment of prop-erty; property reserved for communityhousing

SEXUALLY DANGEROUS PERSONS426.510 “Sexually dangerous person” defined426.650 Voluntary admission to state institution;

rules426.670 Treatment programs for sexually danger-

ous persons426.675 Determination of sexually dangerous per-

sons; custody pending sentencing; hear-ing; sentencing; rules

426.680 Trial visits for probationer

EXTREMELY DANGEROUS PERSONS WITH MENTAL ILLNESS

426.701 Commitment of “extremely dangerous”person with mental illness; requirementsfor conditional release; rules

426.702 Discharge from commitment of extremelydangerous person with mental illness; re-quirements for further commitment; pro-test and hearing


PERSONS WITH MENTAL ILLNESS 426.020

PERSONS WITH MENTAL ILLNESS(Definitions)

426.005 Definitions for ORS 426.005 to426.390. (1) As used in ORS 426.005 to426.390, unless the context requires other-wise:

(a) “Community mental health programdirector” means the director of an entity thatprovides the services described in ORS430.630 (3) to (5).

(b) “Director of the facility” means a su-perintendent of a state mental hospital, thechief of psychiatric services in a communityhospital or the person in charge of treatmentand rehabilitation programs at other treat-ment facilities.

(c) “Facility” means a state mental hos-pital, community hospital, residential facility,detoxification center, day treatment facilityor such other facility as the authority deter-mines suitable that provides diagnosis andevaluation, medical care, detoxification, so-cial services or rehabilitation to persons whoare in custody during a prehearing period ofdetention or who have been committed to theOregon Health Authority under ORS 426.130.

(d) “Licensed independent practitioner”means:

(A) A physician, as defined in ORS677.010;

(B) A nurse practitioner certified underORS 678.375 and authorized to write pre-scriptions under ORS 678.390; or

(C) A naturopathic physician licensedunder ORS chapter 685.

(e) “Nonhospital facility” means any fa-cility, other than a hospital, that is approvedby the authority to provide adequate secu-rity, psychiatric, nursing and other servicesto persons under ORS 426.232 or 426.233.

(f) “Person with mental illness” means aperson who, because of a mental disorder, isone or more of the following:

(A) Dangerous to self or others.(B) Unable to provide for basic personal

needs that are necessary to avoid seriousphysical harm in the near future, and is notreceiving such care as is necessary to avoidsuch harm.

(C) A person:(i) With a chronic mental illness, as de-

fined in ORS 426.495;(ii) Who, within the previous three years,

has twice been placed in a hospital or ap-proved inpatient facility by the authority orthe Department of Human Services underORS 426.060;

(iii) Who is exhibiting symptoms or be-havior substantially similar to those that

preceded and led to one or more of the hos-pitalizations or inpatient placements referredto in sub-subparagraph (ii) of this subpara-graph; and

(iv) Who, unless treated, will continue, toa reasonable medical probability, to phys-ically or mentally deteriorate so that theperson will become a person described undereither subparagraph (A) or (B) of this para-graph or both.

(g) “Prehearing period of detention”means a period of time calculated from theinitiation of custody during which a personmay be detained under ORS 426.228, 426.231,426.232 or 426.233.

(2) Whenever a community mental healthprogram director, director of the facility, su-perintendent of a state hospital or adminis-trator of a facility is referred to, thereference includes any designee such personhas designated to act on the person’s behalfin the exercise of duties. [1961 c.706 §25; 1973c.838 §1; 1987 c.903 §5; 1989 c.993 §3; 1993 c.484 §11; 2001c.900 §125; 2007 c.70 §203; 2009 c.595 §381; 2009 c.828 §23;2011 c.720 §160; 2013 c.360 §15; 2015 c.433 §1; 2015 c.461§1; 2017 c.356 §47]

(Hospitals)426.010 State hospitals for persons

with mental illness. Except as otherwiseordered by the Oregon Health Authoritypursuant to ORS 179.325, the Oregon StateHospital campuses in Salem, Marion County,and in Junction City, Lane County, shall beused as state hospitals for the care andtreatment of persons with mental illness whoare assigned to the care of the institutionsby the authority or who have previously beencommitted to the institutions. [Amended by 1955c.651 §3; 1965 c.339 §23; 1965 c.595 §2; 1983 c.505 §1; 1999c.983 §6; 2007 c.14 §1; 2009 c.269 §2; 2009 c.595 §382; 2013c.360 §16; 2015 c.318 §14]

426.020 Superintendent; chief medicalofficer. (1) The superintendent of a hospitalreferred to in ORS 426.010 shall be a personthe Oregon Health Authority considers qual-ified to administer the hospital. If the super-intendent of any hospital is a physicianlicensed by the Oregon Medical Board, thesuperintendent shall serve as chief medicalofficer.

(2) If the superintendent is not a physi-cian, the Director of the Oregon Health Au-thority or the designee of the director shalldesignate a physician to serve as chief med-ical officer. The designated chief medical of-ficer may be an appointed state employee inthe unclassified service, a self-employed con-tractor or an employee of a public or privateentity that contracts with the authority toprovide chief medical officer services. Unlessthe designated chief medical officer is specif-ically appointed as a state employee in the


426.060 MENTAL HEALTH; SUBSTANCE ABUSE TREATMENT

unclassified service, the designated chiefmedical officer shall not be deemed a stateemployee for purposes of any state statute,rule or policy.

(3)(a) Notwithstanding any other pro-vision of law, the designated chief medicalofficer may supervise physicians and naturo-pathic physicians who are employed by thehospital or who provide services at the hos-pital pursuant to a contract.

(b) The designated chief medical officermay delegate all or part of the authority tosupervise other physicians and naturopathicphysicians at the hospital to a physician whois employed by the state, a self-employedcontractor or an employee of a public or pri-vate entity that contracts with the authorityto provide physician services. [Amended by 1955c.651 §4; 1969 c.391 §1; 1973 c.807 §2; 1987 c.158 §76; 2003c.14 §234; 2007 c.71 §116; 2009 c.59 §1; 2009 c.828 §14; 2017c.356 §48]

426.030 [Amended by 1955 c.651 §5; 1957 c.43 §1; re-pealed by 1999 c.983 §7]

426.060 Commitment to Oregon HealthAuthority; powers of authority; place-ment; transfer. (1) Commitments to the Or-egon Health Authority shall be made only bythe judge of a circuit court in a county ofthis state.

(2) The following is a nonexclusive listof powers the authority may exercise con-cerning the placement of persons committedor persons receiving emergency care andtreatment under ORS 426.070, 426.228 to426.235 or 426.237:

(a) In its discretion and for reasonswhich are satisfactory to the authority, theauthority may direct any court-committedperson to the facility best able to treat theperson. The decision of the authority on suchmatters shall be final.

(b) At any time, for good cause and inthe best interest of the person with mentalillness, the authority may transfer a commit-ted person from one facility to another.When transferring a person under this para-graph, the authority shall make the transfer:

(A) If the transfer is from a facility inone class to a facility of the same class, asprovided by rule of the authority;

(B) If the transfer is from a facility inone class to a facility in a less restrictiveclass, by following the procedures for trialvisits under ORS 426.273; and

(C) If the transfer is from a facility inone class to a facility in a more restrictiveclass, by following the procedures under ORS426.275.

(c) At any time, for good cause and in thebest interest of the person with mental ill-ness, the authority may transfer a person re-ceiving emergency care and treatment under

ORS 426.070 or 426.228 to 426.235, or inten-sive treatment under ORS 426.237, betweenhospitals and nonhospital facilities approvedby the authority to provide emergency careor treatment as defined by rule of the au-thority.

(d) Pursuant to its rules, the authoritymay delegate to a community mental healthprogram director the responsibility for as-signment of persons with mental illness tosuitable facilities or transfer between suchfacilities under conditions which the author-ity may define. [Amended by 1955 c.651 §6; 1963 c.254§1; 1967 c.534 §19; 1973 c.838 §2; 1975 c.690 §1; 1987 c.903§6; 1993 c.484 §12; 2009 c.595 §384; 2013 c.360 §17]

(Commitment Procedure)426.070 Initiation; notification re-

quired; recommendation to court; cita-tion. (1) Any of the following may initiatecommitment procedures under this section bygiving the notice described under subsection(2) of this section:

(a) Two persons;(b) The local health officer; or(c) Any magistrate.(2) For purposes of subsection (1) of this

section, the notice must comply with the fol-lowing:

(a) It must be in writing under oath;(b) It must be given to the community

mental health program director or a designeeof the director in the county where the per-son alleged to have a mental illness resides;

(c) It must state that a person within thecounty other than the person giving the no-tice is a person with mental illness and is inneed of treatment, care or custody;

(d) If the commitment proceeding is ini-tiated by two persons under subsection (1)(a)of this section, it may include a request thatthe court notify the two persons:

(A) Of the issuance or nonissuance of awarrant under this section; or

(B) Of the court’s determination underORS 426.130 (1); and

(e) If the notice contains a request underparagraph (d) of this subsection, it must alsoinclude the addresses of the two personsmaking the request.

(3) Upon receipt of a notice under sub-sections (1) and (2) of this section or whennotified by a circuit court that the court re-ceived notice under ORS 426.234, the com-munity mental health program director, ordesignee of the director, shall:

(a) Immediately notify the judge of thecourt having jurisdiction for that county un-der ORS 426.060 of the notification describedin subsections (1) and (2) of this section.



(b) Immediately notify the Oregon HealthAuthority if commitment is proposed becausethe person appears to be a person with men-tal illness, as defined in ORS 426.005 (1)(f)(C).When such notice is received, the authoritymay verify, to the extent known by the au-thority, whether or not the person meets thecriteria described in ORS 426.005 (1)(f)(C)(i)and (ii) and so inform the community mentalhealth program director or designee of thedirector.

(c) Initiate an investigation under ORS426.074 to determine whether there is proba-ble cause to believe that the person is in facta person with mental illness.

(4) Upon completion, a recommendationbased upon the investigation report underORS 426.074 shall be promptly submitted tothe court. If the community mental healthprogram director determines that probablecause does not exist to believe that a personreleased from detention under ORS 426.234(2)(c) or (3)(b) is a person with mental illness,the community mental health program direc-tor may recommend assisted outpatienttreatment in accordance with ORS 426.133.

(5) When the court receives notice undersubsection (3) of this section:

(a) If the court, following the investi-gation, concludes that there is probablecause to believe that the person investigatedis a person with mental illness, it shall,through the issuance of a citation as pro-vided in ORS 426.090, cause the person to bebrought before it at a time and place as itmay direct, for a hearing under ORS 426.095to determine whether the person is a personwith mental illness. The person shall begiven the opportunity to appear voluntarilyat the hearing unless the person fails to ap-pear or unless the person is detained pursu-ant to paragraph (b) of this subsection.

(b)(A) If the court finds that there isprobable cause to believe that failure to takethe person into custody pending the investi-gation or hearing would pose serious harmor danger to the person or to others, thecourt may issue a warrant of detention tothe community mental health program direc-tor or designee or the sheriff of the countyor designee directing the director, sheriff ora designee to take the person alleged to havea mental illness into custody and produce theperson at the time and place stated in thewarrant.

(B) At the time the person is taken intocustody, the person shall be informed by thecommunity mental health program director,the sheriff or a designee of the following:

(i) The person’s rights with regard torepresentation by or appointment of counselas described in ORS 426.100;

(ii) The warning under ORS 426.123; and(iii) The person’s right, if the community

mental health program director, sheriff ordesignee reasonably suspects that the personis a foreign national, to communicate withan official from the consulate of the person’scountry. A community mental health pro-gram director, sheriff or designee is notcivilly or criminally liable for failure to pro-vide the information required by this sub-subparagraph. Failure to provide theinformation required by this sub-subparagraph does not in itself constitutegrounds for the exclusion of evidence thatwould otherwise be admissible in a proceed-ing.

(C) The court may make any orders forthe care and custody of the person prior tothe hearing as it considers necessary.

(c) If the notice includes a request undersubsection (2)(d)(A) of this section, the courtshall notify the two persons of the issuanceor nonissuance of a warrant under this sub-section. [Amended by 1957 c.329 §1; 1967 c.534 §20;1973 c.838 §3; 1975 c.690 §2; 1979 c.408 §1; 1983 c.740 §149;1987 c.903 §7; 1989 c.993 §4; 1993 c.484 §26; 1995 c.201 §2;1995 c.498 §1; 2003 c.14 §235; 2003 c.109 §3; 2009 c.595§385; 2009 c.828 §26; 2013 c.360 §18; 2013 c.737 §3; 2015c.461 §2; 2015 c.736 §66]

426.072 Care while in custody; respon-sibilities of licensed independent practi-tioner; rules. (1) A hospital or nonhospitalfacility must comply with provisions of sub-section (2) of this section when a person al-leged to have a mental illness is placed incustody at the hospital or nonhospital facil-ity:

(a) By a warrant of detention under ORS426.070;

(b) By a peace officer under ORS 426.228or other individual authorized under ORS426.233; or

(c) By a licensed independent practitionerunder ORS 426.232.

(2) In circumstances described undersubsection (1) of this section, the hospital ornonhospital facility and a treating licensedindependent practitioner must comply withall the following:

(a) The person shall receive the care,custody and treatment required for mentaland physical health and safety.

(b) The treating licensed independentpractitioner shall report any care, custodyand treatment to the court as required inORS 426.075.

(c) All methods of treatment, includingthe prescription and administration of drugs,shall be the sole responsibility of the treatinglicensed independent practitioner. However,the person shall not be subject toelectroshock therapy or unduly hazardous



treatment and shall receive usual and cus-tomary treatment in accordance with medicalstandards in the community.

(d) The treating licensed independentpractitioner shall be notified immediately ofany seclusion of the person or use of me-chanical restraints on the person. Every useof seclusion or mechanical restraint and thereasons for the use shall be made a part ofthe clinical record of the person over thesignature of the treating licensed independ-ent practitioner.

(e) The treating licensed independentpractitioner shall give the person the warn-ing under ORS 426.123 at times the treatinglicensed independent practitioner determinesthe person will reasonably understand thenotice. This paragraph only requires the no-tice to be given as often as the licensed in-dependent practitioner determines isnecessary to assure that the person is givenan opportunity to be aware of the notice.

(3) The Oregon Health Authority shalladopt rules necessary to carry out this sec-tion, including rules regarding the contentof the medical record compiled during thecurrent period of custody. [1987 c.903 §9; 1993c.484 §13; 1997 c.531 §1; 2009 c.595 §386; 2013 c.360 §19;2015 c.81 §1; 2015 c.461 §3]

426.074 Investigation; procedure; con-tent; report. The following is applicable toan investigation initiated by a communitymental health program director, or a desig-nee of the director, as part of commitmentprocedures under ORS 426.070 and 426.228 to426.235:

(1) If the person alleged to have a mentalillness is held in custody before the hearingthe investigation shall be completed at least24 hours before the hearing under ORS426.095, otherwise the investigation shallcomply with the following time schedule:

(a) If the person can be located, the in-vestigator shall contact the person withinthree judicial days from the date the com-munity mental health program director or adesignee receives a notice under ORS 426.070alleging that the person has a mental illnessand is in need of treatment.

(b) Within 15 days from the date thecommunity mental health program directoror a designee receives a notice under ORS426.070, one of the following shall occur:

(A) The investigation shall be completedand submitted to the court.

(B) An application for extension shall bemade to the court under paragraph (c) of thissubsection.

(c) The community mental health pro-gram director, a designee or the investigatormay file for an extension of the time under

paragraph (b) of this subsection only if oneof the following occurs:

(A) A treatment option less restrictivethan involuntary in-patient commitment isactively being pursued.

(B) The person alleged to have a mentalillness cannot be located.

(d) A court may grant an extension underparagraph (c) of this subsection for a timeand upon the terms and conditions the courtconsiders appropriate.

(2) This subsection establishes a nonex-clusive list of provisions applicable to thecontent of the investigation, as follows:

(a) The investigation conducted should,where appropriate, include an interview orexamination of the person alleged to have amental illness in the home of the person orother place familiar to the person.

(b) Whether or not the person consents,the investigation should include interviewswith any individuals that the investigatorhas probable cause to believe have pertinentinformation regarding the investigation. Ifthe person objects to the contact with anyindividual, the objection shall be noted in theinvestigator’s report.

(c) The investigator shall be allowed ac-cess to licensed independent practitioners,nurses or social workers and to medical re-cords compiled during the current involun-tary prehearing period of detention todetermine probable cause and to develop al-ternatives to commitment. If commitment isproposed because the person appears to be aperson with mental illness as defined in ORS426.005 (1)(f)(C), the investigator shall be al-lowed access to medical records necessary toverify the existence of criteria described inORS 426.005 (1)(f)(C). The investigator shallinclude pertinent parts of the medical recordin the investigation report. Records andcommunications described in this paragraphand related communications are not privi-leged under ORS 40.230, 40.235, 40.240 or40.250.

(3) A copy of the investigation reportshall be provided as soon as possible, but inno event later than 24 hours prior to thehearing, to the person and to the person’scounsel. Copies shall likewise be provided tocounsel assisting the court, to the examinersand to the court for use in questioning wit-nesses. [1987 c.903 §10; 1989 c.993 §5; 1993 c.484 §14;1997 c.649 §1; 2009 c.595 §387; 2009 c.828 §27; 2013 c.360§20; 2015 c.461 §4]

426.075 Notice and records of treat-ment prior to hearing; procedures. Thissection establishes procedures that are re-quired to be followed before the hearing if acourt, under ORS 426.070, orders a hearing



under ORS 426.095. The following apply asdescribed:

(1) The court shall be fully advised of alldrugs and other treatment known to havebeen administered to the person alleged tohave a mental illness that may substantiallyaffect the ability of the person to prepare foror function effectively at the hearing. Thefollowing shall advise the court as requiredby this subsection:

(a) When not otherwise provided by par-agraph (b) of this subsection, the communitymental health program director or designee.

(b) When the person has been detainedby a warrant of detention under ORS 426.070,426.180, 426.228, 426.232 or 426.233, thetreating licensed independent practitioner.

(2) The court shall appoint examinersunder ORS 426.110 sufficiently in advance ofthe hearing so that the examiners may begintheir preparation for the hearing. The re-cords established by the Oregon Health Au-thority by rule and the investigation reportshall be made available to the examiners atleast 24 hours before the hearing in orderthat the examiners may review the medicalrecord and have an opportunity to inquire ofthe medical personnel concerning the treat-ment of the person alleged to have a mentalillness during the detention period prior tothe hearing.

(3) The medical record described in sub-section (2) of this section shall be madeavailable to counsel for the person alleged tohave a mental illness at least 24 hours priorto the hearing.

(4) When requested by a party to the ac-tion, the party’s attorney shall subpoena li-censed independent practitioners who are orhave been treating the person. Any treatinglicensed independent practitioner subpoenaedunder this subsection shall be subpoenaed asan expert witness. [1973 c.838 §8; 1975 c.690 §3; 1979c.408 §2; 1987 c.903 §12; 1989 c.189 §1; 1993 c.484 §15; 2009c.595 §388; 2013 c.360 §21; 2015 c.461 §5]

426.080 Execution and return of cita-tion or warrant of detention. The personserving a warrant of detention or the cita-tion provided for by ORS 426.090 shall, im-mediately after service thereof, make areturn upon the original warrant or citationshowing the time, place and manner of suchservice and file it with the clerk of the court.In executing the warrant of detention or ci-tation, the person has all the powers pro-vided by ORS 133.235 and 161.235 to 161.245and may require the assistance of any peaceofficer or other person. [Amended by 1971 c.743§366; 1973 c.836 §348; 1973 c.838 §4a]

426.090 Citation; service. The judgeshall issue a citation to the person alleged tohave a mental illness stating the nature of

the information filed concerning the personand the specific reasons the person is be-lieved to be a person with mental illness. Thecitation shall further contain a notice of thetime and place of the commitment hearing,the right to legal counsel, the right to havelegal counsel appointed if the person is una-ble to afford legal counsel, and, if requested,to have legal counsel immediately appointed,the right to subpoena witnesses in behalf ofthe person to the hearing and other informa-tion as the court may direct. The citationshall be served upon the person by deliveringa duly certified copy of the original thereofto the person in person prior to the hearing.The person shall have an opportunity toconsult with legal counsel prior to beingbrought before the court. [Amended by 1957 c.329§2; 1967 c.459 §1; 1971 c.368 §1; 1973 c.838 §5; 1975 c.690§4; 2013 c.360 §22]

426.095 Commitment hearing; post-ponement; right to cross-examine; ad-missibility of investigation report. Thefollowing is applicable to a commitmenthearing held by a court under ORS 426.070:

(1) The hearing may be held in a hospital,the person’s home or in some other placeconvenient to the court and the person al-leged to have a mental illness.

(2) The court shall hold the hearing atthe time established according to the follow-ing:

(a) Except as provided by paragraph (b)or (c) of this subsection, a hearing shall beheld five judicial days from the day a courtunder ORS 426.070 issues a citation providedunder ORS 426.090.

(b) Except as provided by paragraph (c)of this subsection, if a person is detained bya warrant of detention under ORS 426.070, ahearing shall be held within five judicialdays of the commencement of detention.

(c) If requested under this paragraph, thecourt, for good cause, may postpone thehearing for not more than five judicial daysin order to allow preparation for the hearing.The court may make orders for the care andcustody of the person during a postponementas it deems necessary. If a person is detainedbefore a hearing under ORS 426.070, 426.180,426.228, 426.232, 426.233 or 426.702 and thehearing is postponed under this paragraph,the court, for good cause, may allow theperson to be detained during the postpone-ment if the postponement is requested by theperson or the legal counsel of the person.Any of the following may request a post-ponement under this paragraph:

(A) The person alleged to have a mentalillness or the person alleged to be an ex-tremely dangerous person with mental ill-ness.



(B) The legal counsel or guardian of theperson.

(C) The individual representing thestate’s interest.

(3) The person alleged to have a mentalillness and the individual representing thestate’s interest shall have the right to cross-examine all the following:

(a) Witnesses.(b) The individual conducting the inves-

tigation.(c) The examining physicians or other li-

censed independent practitioners who haveexamined the person.

(4) The provisions of ORS 40.230, 40.235,40.240 and 40.250 shall not apply to and thecourt may consider as evidence any of thefollowing:

(a) Medical records for the current in-voluntary prehearing period of detention.

(b) Statements attributed by the makerof the medical records or the investigationreport to witnesses concerning their own ob-servations in the absence of objection or ifsuch individuals are produced as witnessesat the hearing available for cross-examination.

(c) The testimony of any treating licensedindependent practitioners, nurses or socialworkers for the prehearing period of de-tention. Any treating licensed independentpractitioner, nurse or social worker who issubpoenaed as a witness for the proceedingshall testify as an expert witness under theprovisions of ORS 40.410, 40.415, 40.420 and40.425 and is subject to treatment as an ex-pert witness in the payment of witness feesand costs.

(d) The investigation report prepared un-der ORS 426.074. Subject to the following,the investigation report shall be introducedin evidence:

(A) Introduction of the report under thisparagraph does not require the consent ofthe person alleged to have a mental illness.

(B) Upon objection by any party to theaction, the court shall exclude any part ofthe investigation report that may be excludedunder the Oregon Evidence Code on groundsother than those set forth in ORS 40.230,40.235, 40.240 or 40.250.

(C) Neither the investigation report norany part thereof shall be introduced into ev-idence under this paragraph unless the in-vestigator is present during the proceedingto be cross-examined or unless the presenceof the investigator is waived by the personalleged to have a mental illness or counselfor the person. [1973 c.838 §9; 1975 c.690 §5; 1987c.903 §13; 1993 c.484 §16; 1997 c.649 §2; 2009 c.595 §389;2013 c.715 §§4,15; 2015 c.461 §6]

426.100 Advice of court; appointmentof legal counsel; costs; representation ofstate’s interest. (1) At the time the personalleged to have a mental illness is broughtbefore the court, the court shall advise theperson of the following:

(a) The reason for being brought beforethe court;

(b) The nature of the proceedings;(c) The possible results of the pro-

ceedings;(d) The right to subpoena witnesses; and(e) The person’s rights regarding repre-

sentation by or appointment of counsel.(2) Subsection (3) of this section estab-

lishes the rights of persons alleged to havea mental illness in each of the following cir-cumstances:

(a) When the person is held by warrantof detention issued under ORS 426.070.

(b) In commitment hearings under ORS426.095.

(c) When the person is detained as pro-vided under ORS 426.228, 426.232 or 426.233.

(d) In recommitment hearings under ORS426.307.

(3) When provided under subsection (2)of this section, a person alleged to have amental illness has the following rights relat-ing to representation by or appointment ofcounsel:

(a) The right to obtain suitable legalcounsel possessing skills and experiencecommensurate with the nature of the alle-gations and complexity of the case during theproceedings.

(b) If the person is determined to be fi-nancially eligible for appointed counsel atstate expense, the court will appoint legalcounsel to represent the person. If counsel isappointed at state expense, payment of ex-penses and compensation relating to legalcounsel shall be made as provided under ORS426.250.

(c) If the person alleged to have a mentalillness does not request legal counsel, thelegal guardian, relative or friend may requestthe assistance of suitable legal counsel onbehalf of the person.

(d) If no request for legal counsel ismade, the court shall appoint suitable legalcounsel unless counsel is expressly, know-ingly and intelligently refused by the person.

(e) If the person is being involuntarilydetained before a hearing on the issue ofcommitment, the right under paragraph (a)of this subsection to contact an attorney orunder paragraph (b) of this subsection to



have an attorney appointed may be exercisedas soon as reasonably possible.

(f) In all cases suitable legal counselshall be present at the hearing and may bepresent at examination and may examine allwitnesses offering testimony, and otherwiserepresent the person.

(4) The responsibility for representing thestate’s interest in commitment proceedings,including, but not limited to, preparation ofthe state’s case and appearances at commit-ment hearings is as follows:

(a) The Attorney General’s office shallhave the responsibility relating to pro-ceedings initiated by state hospital staff thatare any of the following:

(A) Recommitment proceedings underORS 426.307; or

(B) Proceedings under ORS 426.228,426.232 or 426.233.

(b) The district attorney if requested todo so by the governing body of the county.

(c) In lieu of the district attorney underparagraph (b) of this subsection, a counseldesignated by the governing body of a countyshall take the responsibility. A county gov-erning body may designate counsel to takeresponsibility under this paragraph either forsingle proceedings or for all such pro-ceedings the county will be obligated to payfor under ORS 426.250. If a county governingbody elects to proceed under this paragraph,the county governing body shall so notify thedistrict attorney. The expenses of an attor-ney appointed under this paragraph shall bepaid as provided under ORS 426.250. [Amendedby 1967 c.458 §1; 1971 c.368 §2; 1973 c.838 §6; 1975 c.690§6; 1977 c.259 §1; 1979 c.574 §§1,2; 1979 c.867 §10; 1981 s.s.c.3 §133; 1987 c.903 §14; 1993 c.484 §17; 2001 c.962 §57;2013 c.360 §24]

426.110 Appointment of examiners;qualifications; costs. The following re-quirements relating to the appointment ofexaminers for purposes of a hearing underORS 426.095 or 426.701 and 426.702 apply asdescribed:

(1) The judge shall appoint one qualifiedexaminer. If requested, the judge shall ap-point one additional qualified examiner. Arequest for an additional examiner under thissubsection must be made in writing and mustbe made by the person alleged to have amental illness or the attorney for the person.

(2) To be qualified for purposes of thissection, an examiner must:

(a) Agree to be an examiner.(b) Be one of the following:(A) A physician licensed by the Oregon

Medical Board who is competent to practicepsychiatry as provided by the Oregon Health

Authority or the Psychiatric Security ReviewBoard by rule.

(B) Certified by the authority or the Psy-chiatric Security Review Board as a mentalhealth examiner qualified to make examina-tions for involuntary commitment pro-ceedings.

(3) The authority or the Psychiatric Se-curity Review Board may establish, by rule,requirements for certification as a mentalhealth examiner for purposes of subsection(2)(b)(B) of this section.

(4) The cost of examiners under this sec-tion shall be paid as provided under ORS426.250. [Amended by 1973 c.838 §10; 1987 c.158 §77;1987 c.903 §15; 2009 c.595 §390; 2013 c.715 §§5,16]

426.120 Examination report; rules. (1)Examiners appointed under ORS 426.110shall do all of the following:

(a) Examine the person as to mentalcondition.

(b) Initiate the examination process priorto the hearing. Any failure to comply withthis paragraph shall not, in itself, constitutesufficient grounds to challenge the examina-tion conducted by an examiner.

(c) Make their separate reports in writ-ing, under oath, to the court.

(d) Upon completion of the hearing, filethe reports with the clerk of the court.

(2) The following is a nonexclusive listof requirements relating to the content ofexamination reports prepared under subsec-tion (1) of this section:

(a) If the examiners find, and show bytheir reports, that the person examined is aperson with mental illness, the reports shallinclude a recommendation as to the type oftreatment facility best calculated to help theperson recover from mental illness.

(b) Each report shall also advise thecourt whether in the opinion of the examinerthe person with mental illness would cooper-ate with and benefit from a program of vol-untary treatment.

(c) Reports shall contain the informationrequired by the Oregon Health Authority byrule. The authority shall adopt rules neces-sary to carry out this paragraph.

(3) The examiner shall be allowed accessto licensed independent practitioners, nursesor social workers and to medical recordscompiled during the current involuntary pre-hearing period of detention and the investi-gation report. Records and communicationsdescribed in this subsection and relatedcommunications are not privileged underORS 40.230, 40.235, 40.240 or 40.250. [Amendedby 1973 c.838 §11; 1975 c.690 §7; 1987 c.903 §16; 1997 c.649§3; 2009 c.595 §391; 2013 c.360 §26; 2015 c.461 §7]



426.123 Observation of person in cus-tody; warning; evidence. (1) Whenever spe-cifically required under ORS 426.070, 426.072,426.180 or 426.234, a person shall be given awarning that observations of the person bythe staff of the facility where the person isin custody may be used as evidence in sub-sequent court proceedings to determinewhether the person should be or should con-tinue to be committed as a person with men-tal illness.

(2) The warning described under subsec-tion (1) of this section shall be given bothorally and in writing.

(3) Failure to give a warning under thissection does not in itself constitute groundsfor the exclusion of evidence that would oth-erwise be admissible in a proceeding. [1987c.903 §11; 1993 c.484 §18; 2013 c.360 §27]

426.125 Qualifications and require-ments for conditional release. The follow-ing qualifications, requirements and otherprovisions relating to a conditional releaseunder ORS 426.130 apply as described:

(1) A court may only order conditionalrelease if all of the following occur:

(a) The conditional release is requestedby the legal guardian, relative or friend ofthe person with mental illness.

(b) The legal guardian, relative or friendrequesting the conditional release requeststo be allowed to care for the person duringthe period of commitment in a place satis-factory to the judge.

(c) The legal guardian, relative or friendrequesting the release establishes all of thefollowing to the satisfaction of the court:

(A) The ability of the legal guardian, rel-ative or friend to care for the person.

(B) That there are adequate financial re-sources available for the care of the person.

(2) If the court determines to allow con-ditional release, the court shall order thatthe person be conditionally released andplaced in the care of the requester. The courtshall establish any terms and conditions onthe conditional release that the court deter-mines appropriate.

(3) Any conditional release ordered underthis section is subject to the provisions un-der ORS 426.275. [1987 c.903 §18; 2013 c.360 §28]

426.127 Outpatient commitment. Thefollowing provisions are applicable to outpa-tient commitment under ORS 426.130 as de-scribed:

(1) The Oregon Health Authority mayonly place a person in an outpatient com-mitment if an adequate treatment facility isavailable.

(2) At the time of the hearing under ORS426.095, the community mental health pro-gram director, or a designee for the director,for the county in which the hearing takesplace shall set the conditions for the outpa-tient commitment. The conditions shall in-clude, but not be limited to, the following:

(a) Provision for outpatient care.(b) A designation of a facility, service or

other provider to provide care or treatment.(3) A copy of the conditions shall be

given to all of the individuals and entitiesdescribed in ORS 426.278.

(4) Any outpatient commitment orderedunder this section is subject to the pro-visions under ORS 426.275.

(5) The community mental health pro-gram director or designee, for the countywhere a person is on outpatient commitment,may modify the conditions for outpatientcommitment when a modification is in thebest interest of the person. The communitymental health program director or designeeshall send notification of such changes andthe reasons for the changes to all those whoreceived a copy of the original conditionsunder ORS 426.278. [1987 c.903 §19; 1989 c.171 §52;2003 c.14 §236; 2009 c.595 §392; 2013 c.360 §29]

426.129 Community liaison. The OregonHealth Authority shall employ at least oneindividual to serve as a liaison between theauthority and communities in which the au-thority plans to establish housing for personsconditionally released by the Psychiatric Se-curity Review Board or for persons withmental illness. [2009 c.809 §1; 2011 c.720 §161]

Note: 426.129 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 426 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

426.130 Court determination of mentalillness; discharge; release for voluntarytreatment; conditional release; commit-ment; assisted outpatient treatment;prohibition relating to firearms; periodof commitment. (1) After hearing all of theevidence, and reviewing the findings of theexaminers, the court shall determine whetherthe person has a mental illness and is inneed of treatment. If, in the opinion of thecourt, the person:

(a) Is a person with mental illness basedupon clear and convincing evidence, thecourt:

(A) Shall order the release of the personand dismiss the case if:

(i) The person is willing and able to par-ticipate in treatment on a voluntary basis;and

(ii) The court finds that the person willprobably do so.



(B) May order conditional release underthis subparagraph subject to the qualifica-tions and requirements under ORS 426.125.If the court orders conditional release underthis subparagraph, the court shall establisha period of commitment for the conditionalrelease.

(C) May order commitment of the personwith mental illness to the Oregon HealthAuthority for treatment if, in the opinion ofthe court, subparagraph (A) or (B) of thisparagraph is not in the best interest of theperson. If the court orders commitment un-der this subparagraph:

(i) The court shall establish a period ofcommitment.

(ii) The authority may place the commit-ted person in outpatient commitment underORS 426.127.

(D) Shall order that the person be pro-hibited from purchasing or possessing afirearm if, in the opinion of the court, thereis a reasonable likelihood the person wouldconstitute a danger to self or others or to thecommunity at large as a result of theperson’s mental or psychological state asdemonstrated by past behavior or partic-ipation in incidents involving unlawful vi-olence or threats of unlawful violence, or byreason of a single incident of extreme, vio-lent, unlawful conduct. When a court makesan order under this subparagraph, the courtshall cause a copy of the order to be deliv-ered to the sheriff of the county who willenter the information into the Law Enforce-ment Data System.

(b) Is not a person with mental illness,the court shall release the person from cus-tody if the person has been detained underORS 426.070, 426.180, 426.228, 426.232 or426.233 and:

(A) Dismiss the case; or(B) Order the person to participate in

assisted outpatient treatment in accordancewith ORS 426.133. The court may continuethe proceeding for no more than seven daysto allow time for the community mentalhealth program director to develop theperson’s assisted outpatient treatment plan.

(2) A court that orders a conditional re-lease, a commitment or assisted outpatienttreatment under this section shall establisha period of commitment or treatment for theperson subject to the order. Any period ofcommitment ordered for commitment or con-ditional release under this section shall befor a period of time not to exceed 180 days.A period of assisted outpatient treatmentshall be for a period of time not to exceed 12months.

(3) If the commitment proceeding was in-itiated under ORS 426.070 (1)(a) and if the

notice included a request under ORS 426.070(2)(d)(B), the court shall notify the two per-sons of the court’s determination under sub-section (1) of this section.

(4) If the court finds that the person is aperson with mental illness and either orderscommitment under subsection (1)(a)(B) or (C)of this section or enters an order under sub-section (1)(a)(D) of this section, the courtshall notify the person that the person isprohibited from purchasing or possessing afirearm under state and federal law unlessthe person obtains relief from the prohibitionfrom the Psychiatric Security Review Boardunder ORS 166.273 or under federal law.[Amended by 1973 c.838 §12; 1975 c.690 §8; 1979 c.408 §3;1987 c.903 §17; 1989 c.839 §36; 1993 c.735 §9; 1995 c.498§2; 2009 c.595 §393; 2013 c.360 §30; 2013 c.737 §6; 2017c.233 §2]

426.133 Assisted outpatient treatment.(1) As used in ORS 426.005 to 426.390, “as-sisted outpatient treatment” may not be con-strued to be a commitment under ORS426.130 and does not include taking a personinto custody or the forced medication of aperson.

(2) A court may issue an order requiringa person to participate in assisted outpatienttreatment if the court finds that the person:

(a)(A) Is 18 years of age or older;(B) Has a mental disorder;(C) Will not obtain treatment in the

community voluntarily; and(D) Is unable to make an informed deci-

sion to seek or to comply with voluntarytreatment; and

(b) As a result of being a person de-scribed in paragraph (a) of this subsection:

(A) Is incapable of surviving safely in thecommunity without treatment; and

(B) Requires treatment to prevent a de-terioration in the person’s condition that willpredictably result in the person becoming aperson with mental illness.

(3) In determining whether to issue theorder under subsection (2) of this section, thecourt shall consider, but is not limited toconsidering, the following factors:

(a) The person’s ability to access financesin order to get food or medicine.

(b) The person’s ability to obtain treat-ment for the person’s medical condition.

(c) The person’s ability to access neces-sary resources in the community without as-sistance.

(d) The degree to which there are risksto the person’s safety.

(e) The likelihood that the person willdecompensate without immediate care ortreatment.



(f) The person’s previous attempts to in-flict physical injury on self or others.

(g) The person’s history of mental healthtreatment in the community.

(h) The person’s patterns of decompensa-tion in the past.

(i) The person’s risk of being victimizedor harmed by others.

(j) The person’s access to the means toinflict harm on self or others.

(4) The community mental health pro-gram director may recommend to the courta treatment plan for a person participatingin assisted outpatient treatment. The courtmay adopt the plan as recommended or withmodifications.

(5) As part of the order under subsection(2) of this section, the court may prohibit theperson from purchasing or possessing afirearm during the period of assisted outpa-tient treatment if, in the opinion of thecourt, there is a reasonable likelihood theperson would constitute a danger to self orothers or to the community at large as a re-sult of the person’s mental or psychologicalstate, as demonstrated by past behavior orparticipation in incidents involving unlawfulviolence or threats of unlawful violence, orby reason of a single incident of extreme, vi-olent, unlawful conduct. When a court addsa firearm prohibition to an order under sub-section (2) of this section, the court shallcause a copy of the order to be delivered tothe sheriff of the county, who shall enter theinformation into the Law Enforcement DataSystem.

(6) The court retains jurisdiction over theperson until the earlier of the end of the pe-riod of the assisted outpatient treatment es-tablished under ORS 426.130 (2) or until thecourt finds that the person no longer meetsthe criteria in subsection (2) of this section.

(7) This section does not:(a) Prevent a court from appointing a

guardian ad litem to act for the person; or(b) Require a community mental health

program to provide treatment or services to,or supervision of, the person:

(A) If the county lacks sufficient fundsfor such purposes; or

(B) In the case of a county that has de-clined to operate or contract for a commu-nity mental health program, if the publicagency or private corporation that contractswith the Oregon Health Authority to providethe program, as described in ORS 430.640,lacks sufficient funds for such purposes. [2013c.737 §2; 2015 c.50 §11; 2015 c.785 §1]

Note: 426.133 was added to and made a part of426.005 to 426.390 by legislative action but was notadded to any other series. See Preface to Oregon Re-vised Statutes for further explanation.

426.135 Counsel on appeal; costs ofappeal. If a person determined to be a per-son with mental illness as provided in ORS426.130, or determined to be an extremelydangerous person with mental illness underORS 426.701 or 426.702, appeals the determi-nation or the disposition, and is determinedto be financially eligible for appointed coun-sel at state expense, upon request of theperson or upon its own motion, the courtshall appoint suitable legal counsel to repre-sent the person. The compensation for legalcounsel and costs and expenses necessary tothe appeal shall be determined and paid bythe public defense services executive directoras provided in ORS 135.055 if the circuitcourt is the appellate court or as provided inORS 138.500 if the Court of Appeals or Su-preme Court is the appellate court. Thecompensation, costs and expenses shall bepaid as provided in ORS 138.500. [1979 c.867§12; 1981 s.s. c.3 §134; 1985 c.502 §25; 2001 c.962 §58; 2013c.715 §§6,17]

426.140 Place of confinement; attend-ant. (1) A person, other than a person in-carcerated upon a criminal charge, who hasbeen adjudged to be a person with mentalillness or against whom commitment pro-ceedings have been instituted may not beconfined in any prison, jail or other enclo-sure where those charged with a crime or aviolation of a municipal ordinance are incar-cerated, unless the person represents an im-mediate and serious danger to staff orphysical facilities of a hospital or other fa-cility approved by the Oregon Health Au-thority for the care, custody and treatmentof the person.

(2) A person alleged to have a mentalillness who has been taken into custody maynot be confined, either before or after thecommitment hearing, without an attendantin direct charge of the person. If the personis not confined in a community hospital, thesheriff or community mental health programdirector having the person in custody shallselect an appropriate individual to act as at-tendant in quarters that are suitable for thecomfortable, safe and humane confinementof 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]

426.150 Transportation to treatmentfacility. (1) Upon receipt of the order ofcommitment, the Oregon Health Authorityor its designee shall take the person withmental illness into its custody, and ensurethe safekeeping and proper care of the per-son until the person is delivered to an as-signed treatment facility or to a



representative of the assigned treatment fa-cility. The representative of the assignedtreatment facility, accompanied by any assis-tants the authority or its designee may deemnecessary, shall proceed to the place wherethe person is in custody, and upon demandshall be given custody of the person, togetherwith the certified record required by ORS426.170. The representative shall issue ap-propriate receipts and immediately transportthe person safely to the assigned treatmentfacility and deliver the person and the recordto the director or a designated employee ofthe facility. In taking custody of the person,the authority, its designee or the represen-tative of the facility has all the powers pro-vided by ORS 133.225 and 161.255 and mayrequire the assistance of any peace officer orother authorized individual.

(2) The committing judge, upon approvalof the examining physicians or other quali-fied professionals as recommended by theauthority and upon request of a legal guard-ian, friend or relative of the person withmental illness, may authorize the legalguardian, friend or relative to transport theperson to the assigned facility when thecommitting judge determines that means oftransportation would not be detrimental tothe welfare of the person or to the public.[Amended by 1963 c.325 §1; 1973 c.838 §24; 1975 c.690 §10;2009 c.595 §395; 2013 c.360 §33]

426.155 Release of information aboutperson held in custody pending commit-ment proceeding or while committed orrecommitted. (1) The provisions of this sec-tion apply to the release of information abouta person who is held in custody either pend-ing a commitment proceeding under ORS426.070, 426.140, 426.228, 426.232, 426.233 or426.237 (1)(b) or while committed or recom-mitted under ORS 426.005 to 426.390.

(2) Notwithstanding the provisions ofORS 179.495, 179.505 or 192.355 (2) and not-withstanding any other provision of ORS426.005 to 426.390, a facility or nonhospitalfacility where a person is held shall establishprocedures for releasing information as re-quired under subsections (3) and (4) of thissection.

(3)(a) If a person described in subsection(1) of this section authorizes disclosure asprovided in subsection (5) of this section,upon request of a member of the family ofthe person, or any other designee of the per-son, a facility or nonhospital facility wherethe person is held shall provide the familymember or the designee with the followinginformation:

(A) The person’s diagnosis;(B) The person’s prognosis;

(C) The medications prescribed for theperson and the side effects of medicationsprescribed, if any;

(D) The person’s progress;(E) Information about any civil commit-

ment process, including the date, time andlocation of the person’s commitment hearing;and

(F) Where and when the person may bevisited.

(b) If a request for information is madeunder this subsection and the person is una-ble to authorize disclosure as provided insubsection (5) of this section, the requestershall be provided notice of the presence ofthe person in any facility or nonhospital fa-cility. Information shall not be provided un-der this paragraph if the licensedindependent practitioner who is treating theperson determines that it would not be in theperson’s best interest to provide the infor-mation or if providing the information isprohibited by federal law.

(4) Upon the admission of any person toa facility or nonhospital facility under ORS426.005 to 426.390, the facility or nonhospitalfacility shall make reasonable attempts tonotify the person’s next of kin, or any otherdesignee of the person, of the person’s ad-mission, unless the person requests that thisinformation not be provided. The facility ornonhospital facility shall make reasonableattempts to notify the person’s next of kin,or any other designee of the person, of theperson’s release, transfer, serious illness, in-jury or death upon request of the familymember or designee, unless the person re-quests that this information not be provided.The person shall be advised by the facilityor nonhospital facility that the person hasthe right to request that this information notbe provided.

(5) The person who is held in custodyshall be notified by the facility or nonhospi-tal facility that information about the personhas been requested. Except as provided insubsection (3) of this section, the consent ofthe person who is held is required for releaseof information under subsections (3) and (4)of this section. If, when initially informed ofthe request for information, the person isunable to give voluntary and informed con-sent to authorize the release of information,notation of the attempt shall be made in theperson’s treatment record and daily effortsshall be made to secure the person’s consentor refusal of authorization.

(6) Notwithstanding any other provisionof this section, an individual eligible to re-ceive information under subsection (3) of thissection may not receive information unlessthe individual first agrees to make no further



disclosure of the information. The agreementmay be made orally.

(7) A facility or nonhospital facility thatreleases information under subsection (3) or(4) of this section shall:

(a) Notify the person who is held towhom, when and what information was re-leased; and

(b) Note in the medical record of theperson who is held:

(A) The basis for finding that the persongave voluntary and informed consent;

(B) The oral or written consent of theperson who is held;

(C) To whom, when and what informationwas released;

(D) The agreement to the requirementsof subsection (6) of this section by the re-quester; and

(E) Any determination made by the li-censed independent practitioner under sub-section (3)(b) of this section regarding theprovision of notice of the presence of theperson in any facility or nonhospital facility.

(8) A facility or nonhospital facility, in-cluding the staff of such facilities and non-hospital facilities, that releases informationunder this section or rules adopted underORS 426.236 may not be held civilly orcriminally liable for damages caused or al-leged to be caused by the release of informa-tion or the failure to release information aslong as the release was done in good faithand in compliance with subsections (3) and(4) of this section or rules adopted underORS 426.236.

(9) The provisions of subsections (3) and(4) of this section do not limit the ability orobligation of facilities, nonhospital facilities,licensed independent practitioners, mentalhealth care providers or licensed mentalhealth professionals to provide informationas otherwise allowed or required by law.[2001 c.481 §2; 2013 c.360 §34; 2015 c.461 §8]

Note: 426.155 was added to and made a part of426.005 to 426.390 by legislative action but was notadded to any other series. See Preface to Oregon Re-vised Statutes for further explanation.

426.160 Disclosure of record of com-mitment proceeding. (1) The court havingjurisdiction over any proceeding conductedpursuant to ORS 426.005, 426.060 to 426.170,426.217, 426.228, 426.255 to 426.292, 426.300 to426.309, 426.385, 426.395, 426.701 and 426.702may not disclose any part of the record ofthe proceeding or commitment to any personexcept:

(a) The court shall, pursuant to rulesadopted by the Department of State Police,transmit the minimum information neces-

sary, as defined in ORS 181A.290, to the De-partment of State Police for personsdescribed in ORS 181A.290 (1)(a) or (b) toenable the department to access and main-tain the information and transmit the infor-mation to the federal government as requiredunder federal law;

(b) As provided in ORS 426.070 (5)(c),426.130 (3) or 426.170;

(c) On request of the person subject tothe proceeding;

(d) On request of the person’s legal rep-resentative or the attorney for the person orthe state; or

(e) Pursuant to court order.(2) In any proceeding described in sub-

section (1) of this section that is before theSupreme Court or the Court of Appeals, thelimitations on disclosure imposed by thissection apply to the appellate court recordand to the trial court record while it is inthe appellate court’s custody. The appellatecourt may disclose information from the trialor appellate court record in a decision, asdefined in ORS 19.450, provided that thecourt uses initials, an alias or some otherconvention for protecting against public dis-closure the identity of the person subject tothe proceeding. [Amended by 1965 c.420 §1; 1969c.148 §1; 1973 c.838 §21; 1993 c.223 §11; 1993 c.484 §19;1995 c.498 §3; 2009 c.826 §2; 2011 c.332 §§1,6a; 2011 c.547§45; 2013 c.715 §§7,18]

426.170 Delivery of certified copy ofrecord. If any person is adjudged to have amental illness and is ordered committed tothe Oregon Health Authority, a copy of thecomplete record in the case, certified to bythe court clerk or court administrator, shallbe given to the local health officer, or to thesheriff, for delivery to the director of the fa-cility to which such person is assigned. Therecord shall include the name, residence,nativity, sex and age of the person and allother information that may be required bythe rules and regulations promulgated by theauthority. [Amended by 1973 c.838 §25; 1993 c.223 §12;2009 c.595 §396; 2013 c.360 §36; 2015 c.736 §67]

426.175 [1969 c.371 §1; 1975 c.690 §11; 1977 c.764 §2;1987 c.903 §20; 1991 c.901 §1; repealed by 1993 c.484 §27]

(Emergency and Voluntary Admissions)426.180 Emergency commitment of in-

dividuals in Indian country. (1) ORS426.180 to 426.210 apply to the commitmentof an individual in Indian country if the statedoes not have jurisdiction over the individ-ual.

(2) As used in this section and ORS426.200 and 426.210, “hospital” means a hos-pital that is licensed under ORS chapter 441,other than an institution listed in ORS426.010.



(3) If the court of a tribe having juris-diction over an individual issues an orderfinding that the individual is dangerous toself or to any other person and is in need ofimmediate care, custody or treatment formental illness, a person may request that theindividual be taken by a tribal police officeror other peace officer to a hospital or non-hospital facility by submitting to the officera certified copy of the order and an affidavitthat includes:

(a) The name and address of the nearestrelative or legal guardian of the individual;and

(b) A medical history completed by oneof the following, who may not be related tothe individual by blood or marriage:

(A) The tribe’s mental health authority,if the tribe has entered into an agreementwith the state pursuant to ORS 430.630(9)(a)(B);

(B) A qualified mental health profes-sional; or

(C) A licensed independent practitioner.(4) Upon receipt of the order and affida-

vit described in subsection (3) of this section,the tribal police officer or other peace officershall immediately transport the individual toa hospital or a nonhospital facility and pres-ent the individual to the hospital or nonhos-pital facility accompanied by the court orderand affidavit.

(5) The director of the hospital or non-hospital facility may refuse to admit the in-dividual if a licensed independentpractitioner, after reviewing the documentsaccompanying the individual, is not satisfiedthat an emergency exists or that the individ-ual is dangerous to self or others and in needof immediate care, custody or treatment formental illness.

(6) If the hospital or nonhospital facilityadmits the individual, the director or a li-censed independent practitioner shall notifythe community mental health program direc-tor for the area and the circuit court withjurisdiction in the area where the facility islocated. Upon receipt of the notice, the com-munity mental health program director shallinitiate commitment proceedings in accor-dance with ORS 426.070.

(7) If an individual is admitted to a hos-pital or nonhospital facility under this sec-tion, any licensed independent practitionerwho is treating the individual shall give theindividual the warning under ORS 426.123.

(8) This section may be applied as pro-vided by agreement with the governing bodyof the reservation. Payment of costs for acommitment made under this section shall beas provided under ORS 426.250.

(9) The director of the hospital or non-hospital facility or licensed independentpractitioner shall notify the appropriate triberegarding all actions taken under ORS426.180 to 426.210 no later than 24 hours af-ter the action is taken, except for informa-tion protected from disclosure by state orfederal law. [Amended by 1953 c.442 §2; 1975 c.690§12; 1987 c.903 §21; 2007 c.70 §204; 2009 c.595 §397; 2012c.25 §1; 2015 c.461 §9]

426.190 [Amended by 1969 c.391 §2; repealed by 2012c.25 §6]

426.200 Duties following emergencyadmission. Within 72 hours after admissionunder ORS 426.180, the community mentalhealth program director shall initiate an in-vestigation in accordance with ORS 426.070(3). [Amended by 1963 c.325 §2; 1975 c.690 §13; 1987c.903 §22; 2012 c.25 §2]

426.210 Limit of detention after com-mitment in emergency proceedings. Anindividual admitted to a hospital or nonhos-pital facility pursuant to the emergency pro-ceedings under ORS 426.180 to 426.200 maynot be detained there for more than five ju-dicial days following admission. The court,for good cause, may allow a postponementand detention during a postponement as pro-vided under ORS 426.095. [Amended by 1987 c.903§23; 2012 c.25 §3]

426.215 [1965 c.628 §1; 1973 c.838 §32; 1975 c.690 §14;1977 c.764 §3; 1979 c.408 §4; 1985 c.743 §§1,2,3; 1987 c.368§1; 1987 c.903 §§24,25; repealed by 1993 c.484 §27]

426.217 Change of status of committedpatient to voluntary patient; effect ofchange. At any time after commitment bythe court, the person, with the approval ofthe Oregon Health Authority or its designee,may change the status of the person to thatof a voluntary patient. Notwithstanding ORS426.220, any person who alters status to thatof a voluntary patient under this sectionshall be released from the treating facilitywithin 72 hours of the request of the personfor release. [1973 c.838 §14; 1975 c.690 §15; 2009 c.595§398]

426.220 Voluntary admission; leave ofabsence; notice to parent or guardian. (1)Pursuant to rules and regulations promul-gated by the Oregon Health Authority, thesuperintendent of any state hospital for thetreatment and care of persons with mentalillness may admit and hospitalize therein asa patient, any person who may have a nerv-ous disorder or a mental illness, and whovoluntarily has made written application forsuch admission. No person under the age of18 years shall be admitted as a patient to anysuch state hospital unless an applicationtherefor in behalf of the person has been ex-ecuted by the parent, adult next of kin orlegal guardian of the person. Except when aperiod of longer hospitalization has been im-posed as a condition of admission, pursuant



to rules and regulations of the authority, noperson voluntarily admitted to any statehospital shall be detained therein more than72 hours after the person, if at least 18 yearsof age, has given notice in writing of a desireto be discharged therefrom, or, if the patientis under the age of 18 years, after notice inwriting has been given by the parent, adultnext of kin or legal guardian of the personthat such parent, adult next of kin or legalguardian desires that such person be dis-charged therefrom.

(2) Any person voluntarily admitted to astate hospital pursuant to this section mayupon application and notice to the super-intendent of the hospital concerned, begranted a temporary leave of absence fromthe hospital if such leave, in the opinion ofthe superintendent, will not interfere withthe successful treatment or examination ofthe applicant for leave.

(3) Upon admission or discharge of a mi-nor to or from a state hospital the super-intendent shall immediately notify the parentor guardian. [Amended by 1953 c.127 §2; 1963 c.325§3; 1967 c.371 §1; 1969 c.273 §1; 2007 c.70 §205; 2009 c.595§399]

426.222 [1953 c.597 §1; 1961 c.385 §1; 1969 c.391 §3;1969 c.638 §4; repealed by 1975 c.690 §28]

426.223 Retaking persons in custodyof or committed to Oregon Health Au-thority; assistance of peace officers andothers. In retaking custody of a person withmental illness who has been committed tothe Oregon Health Authority under ORS426.130 and who has, without lawful author-ity, left the custody of the facility to whichthe person has been assigned under ORS426.060, or in the case of a person alleged tohave a mental illness who is in custody un-der ORS 426.070, 426.095, 426.228 to 426.235or 426.237 at a hospital or nonhospital facil-ity and who has, without lawful authority,left the hospital or nonhospital facility, thefacility director or designee has all the pow-ers provided by ORS 133.225 and 161.255 andmay require the assistance of any peace offi-cer or other authorized individual. [1975 c.690§25; 1993 c.484 §20; 2009 c.595 §400; 2013 c.360 §37]

426.224 [1953 c.597 §2; 1961 c.385 §2; 1969 c.391 §4;1969 c.638 §5; repealed by 1975 c.690 §28]

426.225 Voluntary admission to statehospital of committed person; examina-tion by licensed independent practitioner.(1) If any person who has been committed tothe Oregon Health Authority under ORS426.127 or 426.130 (1)(a)(B) or (C) requests,during this period of commitment, voluntaryadmission to a state hospital, the super-intendent shall cause the person to be exam-ined immediately by a licensed independentpractitioner. If the licensed independentpractitioner finds the person to be in needof immediate care or treatment for mental

illness, the person shall be voluntarily ad-mitted.

(2) If any person who has been committedto the authority under ORS 426.127 or426.130 (1)(a)(B) or (C) requests, during thisperiod of commitment, voluntary admissionto a facility approved by the authority, theadministrator of the facility shall cause theperson to be examined immediately by a li-censed independent practitioner. If the li-censed independent practitioner finds theperson to be in need of immediate care ortreatment for mental illness, and the author-ity grants approval, the person shall be vol-untarily admitted. [1989 c.993 §2; 2009 c.595 §401;2015 c.461 §10]

426.226 [1953 c.597 §3; 1969 c.391 §5; 1969 c.638 §6;repealed by 1975 c.690 §28]

(Emergency Care and Treatment)426.228 Custody; authority of peace

officers and other individuals; transport-ing to facility; reports; examination ofperson. (1) A peace officer may take intocustody a person who the officer has proba-ble cause to believe is dangerous to self orto any other person and is in need of imme-diate care, custody or treatment for mentalillness. As directed by the community mentalhealth program director, a peace officer shallremove a person taken into custody underthis section to the nearest hospital or non-hospital facility approved by the OregonHealth Authority. The officer shall preparea written report and deliver it to the licensedindependent practitioner who is treating theperson. The report shall state:

(a) The reason for custody;(b) The date, time and place the person

was taken into custody; and(c) The name of the community mental

health program director and a telephonenumber where the director may be reachedat all times.

(2) A peace officer shall take a personinto custody when the community mentalhealth program director, pursuant to ORS426.233, notifies the peace officer that thedirector has probable cause to believe thatthe person is imminently dangerous to selfor to any other person. As directed by thecommunity mental health program director,the peace officer shall remove the person toa hospital or nonhospital facility approved bythe authority. The community mental healthprogram director shall prepare a written re-port that the peace officer shall deliver tothe licensed independent practitioner who istreating the person. The report shall state:

(a) The reason for custody;(b) The date, time and place the person

was taken into custody; and



(c) The name of the community mentalhealth program director and a telephonenumber where the director may be reachedat all times.

(3) If more than one hour will be re-quired to transport the person to the hospitalor nonhospital facility from the locationwhere the person was taken into custody, thepeace officer shall obtain, if possible, a cer-tificate from a licensed independent practi-tioner stating that the travel will not bedetrimental to the person’s physical healthand that the person is dangerous to self orto any other person and is in need of imme-diate care or treatment for mental illness.The licensed independent practitioner shallhave personally examined the person within24 hours prior to signing the certificate.

(4) When a peace officer or other au-thorized individual, acting under this section,delivers a person to a hospital or nonhospitalfacility, a licensed independent practitionershall examine the person immediately. If thelicensed independent practitioner finds theperson to be in need of emergency care ortreatment for mental illness, the licensed in-dependent practitioner shall proceed underORS 426.232, otherwise the person may notbe retained in custody. If the person is to bereleased from custody, the peace officer orthe community mental health program direc-tor shall return the person to the placewhere the person was taken into custodyunless the person declines that service.

(5) A peace officer may transfer a personin custody under this section to the custodyof an individual authorized by the communitymental health program director under ORS426.233 (3). The peace officer may meet theauthorized individual at any location that isin accordance with ORS 426.140 to effect thetransfer. When transferring a person in cus-tody to an authorized individual, the peaceofficer shall deliver the report required un-der subsections (1) and (2) of this section tothe authorized individual.

(6) An individual authorized under ORS426.233 (3) shall take a person into custodywhen directed to do so by a peace officer orby a community mental health program di-rector under ORS 426.233.

(7) An individual authorized under ORS426.233 (3) shall perform the duties of thepeace officer or the community mentalhealth program director required by thissection and ORS 426.233 if the peace officeror the director has not already done so.

(8) An individual authorized under ORS426.233 (3) may transfer a person in custodyunder this section to the custody of anotherindividual authorized under ORS 426.233 (3)or a peace officer. The individual trans-ferring custody may meet another authorized

individual or a peace officer at any locationthat is in accordance with ORS 426.140 toeffect the transfer.

(9)(a) When a peace officer takes a per-son into custody under this section, and thepeace officer reasonably suspects that theperson is a foreign national, the peace officershall inform the person of the person’s rightto communicate with an official from theconsulate of the person’s country.

(b) A peace officer is not civilly orcriminally liable for failure to provide theinformation required by this subsection.Failure to provide the information requiredby this subsection does not in itself consti-tute grounds for the exclusion of evidencethat would otherwise be admissible in a pro-ceeding. [1993 c.484 §2; 1997 c.531 §2; 2003 c.109 §2;2009 c.595 §402; 2013 c.360 §38; 2015 c.461 §11; 2015 c.785§2]

Note: 426.228 to 426.238 were added to and made apart of 426.005 to 426.390 by legislative action but werenot added to any other series. See Preface to OregonRevised Statutes for further explanation.


426.231 Hold by licensed independentpractitioner; when authorized; statementrequired. (1) A licensed independent practi-tioner may hold a person for transportationto a treatment facility for up to 12 hours ina health care facility licensed under ORSchapter 441 and approved by the OregonHealth Authority if:

(a) The licensed independent practitionerbelieves the person is dangerous to self or toany other person and is in need of emergencycare or treatment for mental illness;

(b) The licensed independent practitioneris not related to the person by blood or mar-riage; and

(c) A licensed independent practitionerwith admitting privileges at the receiving fa-cility consents to the transporting.

(2) Before transporting the person, thelicensed independent practitioner shall pre-pare a written statement that:

(a) The licensed independent practitionerhas examined the person within the preced-ing 12 hours;

(b) A licensed independent practitionerwith admitting privileges at the receiving fa-cility has consented to the transporting ofthe person for examination and admission ifappropriate; and

(c) The licensed independent practitionerbelieves the person is dangerous to self or toany other person and is in need of emergencycare or treatment for mental illness.

(3) The written statement required bysubsection (2) of this section authorizes apeace officer, an individual authorized under



ORS 426.233 or the designee of a communitymental health program director to transporta person to the treatment facility indicatedon the statement. [1993 c.484 §3; 1997 c.531 §3; 2009c.595 §403; 2013 c.360 §39; 2015 c.461 §12]

Note: See note under 426.228.

426.232 Emergency admission; notice;limit of hold. (1) If a licensed independentpractitioner believes a person who is broughtto a hospital or nonhospital facility by apeace officer under ORS 426.228 or by an in-dividual authorized under ORS 426.233, orbelieves a person who is at a hospital ornonhospital facility, is dangerous to self orto any other person and is in need of emer-gency care or treatment for mental illness,and the licensed independent practitioner isnot related to the person by blood or mar-riage, the licensed independent practitionermay do one of the following:

(a) Detain the person and cause the per-son to be admitted or, if the person is al-ready admitted, cause the person to beretained in a hospital where the licensed in-dependent practitioner has admitting privi-leges or is on staff.

(b) Approve the person for emergencycare or treatment at a nonhospital facilityapproved by the authority.

(2) When approving a person for emer-gency care or treatment at a nonhospital fa-cility under this section, the licensedindependent practitioner shall notify imme-diately the community mental health pro-gram director in the county where theperson was taken into custody and maintainthe person, if the person is being held at ahospital, for as long as is feasible given theneeds of the person for mental or physicalhealth or safety. However, under no circum-stances may the person be held for longerthan five judicial days. [1993 c.484 §4; 1995 c.201§3; 1997 c.531 §4; 2009 c.595 §404; 2013 c.360 §40; 2015c.461 §13]


426.233 Authority of community men-tal health program director and of otherindividuals; costs of transportation. (1)(a)A community mental health program directoroperating under ORS 430.610 to 430.695 or adesignee of the director may take one of theactions listed in paragraph (b) of this sub-section when the community mental healthprogram director or designee has probablecause to believe a person:

(A) Is dangerous to self or to any otherperson and is in need of immediate care,custody or treatment for mental illness; or

(B)(i) Is a person with mental illnessplaced on conditional release under ORS426.125, outpatient commitment under ORS426.127 or trial visit under ORS 426.273; and

(ii) Is dangerous to self or to any otherperson or is unable to provide for basic per-sonal needs and is not receiving the carethat is necessary for health and safety andis in need of immediate care, custody ortreatment for mental illness.

(b) The community mental health pro-gram director or designee under the circum-stances set out in paragraph (a) of thissubsection may:

(A) Notify a peace officer to take theperson into custody and direct the officer toremove the person to a hospital or nonhospi-tal facility approved by the Oregon HealthAuthority;

(B) Authorize involuntary admission of,or, if already admitted, cause to be involun-tarily retained in a nonhospital facility ap-proved by the authority, a person approvedfor care or treatment at a nonhospital facil-ity by a licensed independent practitionerunder ORS 426.232;

(C) Notify an individual authorized undersubsection (3) of this section to take theperson into custody and direct the authorizedindividual to remove the person in custodyto a hospital or nonhospital facility approvedby the authority;

(D) Direct an individual authorized undersubsection (3) of this section to transport aperson in custody from a hospital or a non-hospital facility approved by the authority toanother hospital or nonhospital facility ap-proved by the authority as provided underORS 426.235; or

(E) Direct an individual authorized undersubsection (3) of this section to transport aperson in custody from a facility approved bythe authority to another facility approved bythe authority as provided under ORS 426.060.

(2) A designee under subsection (1) ofthis section must meet the standards estab-lished by rule of the authority and be ap-proved by the community mental healthprogram director before assuming the au-thority permitted under subsection (1) of thissection.

(3) The community mental health pro-gram director may authorize any individualto provide custody and secure transportationservices for a person in custody under ORS426.228. In authorizing an individual underthis subsection, the community mentalhealth program director shall grant the indi-vidual the authority to do the following:

(a) Accept custody from a peace officerof a person in custody under ORS 426.228;

(b) Take custody of a person upon notifi-cation by the community mental health pro-gram director under the provisions of thissection;



(c) Remove a person in custody to an ap-proved hospital or nonhospital facility as di-rected by the community mental healthprogram director;

(d) Transfer a person in custody to an-other individual authorized under this sub-section or a peace officer;

(e) Transfer a person in custody from ahospital or nonhospital facility to anotherhospital facility or nonhospital facility whendirected to do so by the community mentalhealth program director; and

(f) Retain a person in custody at the ap-proved hospital or nonhospital facility untila licensed independent practitioner makes adetermination under ORS 426.232.

(4) An individual authorized under sub-section (3) of this section must meet thestandards established by rule of the authorityand be approved by the community mentalhealth program director before assuming theauthority granted under this section.

(5) The costs of transporting a personunder ORS 426.060, 426.228 or 426.235 by anindividual authorized under subsection (3) ofthis section shall be the responsibility of thecommunity mental health program in thecounty in which the authorized individual isdirected by a peace officer or a communitymental health program director to take cus-tody of a person and to transport the personto a facility approved by the authority, butthe community mental health program shallnot be responsible for costs that exceed theamount provided by the state for that trans-portation. An individual authorized to actunder subsection (3) of this section shallcharge the cost of emergency medical trans-portation to, and collect that cost from, theperson, third party payers or other legally orfinancially responsible individuals or entitiesin the same manner that costs for the trans-portation of other persons are charged andcollected. [1993 c.484 §5; 1997 c.531 §5; 2009 c.595 §405;2013 c.360 §41; 2015 c.461 §14; 2015 c.785 §3]


426.234 Duties of professionals at fa-cility where person admitted; notifica-tion; duties of court. (1) At the time aperson alleged to have a mental illness isadmitted to or retained in a hospital or non-hospital facility under ORS 426.232 or426.233, a licensed independent practitioner,nurse or qualified mental health professionalat the hospital or nonhospital facility shall:

(a) Inform the person of the person’sright to representation by or appointment ofcounsel as described in ORS 426.100;

(b) Give the person the warning underORS 426.123;

(c) Immediately examine the person;

(d) Set forth, in writing, the condition ofthe person and the need for emergency careor treatment; and

(e) If the licensed independent practi-tioner, nurse or qualified mental health pro-fessional reasonably suspects that the personis a foreign national, inform the person ofthe person’s right to communicate with anofficial from the consulate of the person’scountry. A licensed independent practitioner,nurse or qualified mental health professionalis not civilly or criminally liable for failureto provide the information required by thisparagraph. Failure to provide the informationrequired by this paragraph does not in itselfconstitute grounds for the exclusion of evi-dence that would otherwise be admissible ina proceeding.

(2)(a) At the time the person is admittedto or retained in a hospital under ORS426.232, the licensed independent practitionershall contact the community mental healthprogram director of the county in which theperson resides, if the county of residence isdifferent from the county in which the hos-pital is located. The community mentalhealth program director may request that thelicensed independent practitioner notify thecircuit court in the county in which the per-son resides. If the community mental healthprogram director does not make the request,the licensed independent practitioner shallnotify, immediately and in writing, the cir-cuit court in the county in which the personis hospitalized.

(b) At the time the person is admitted toa hospital under ORS 426.232 after beingbrought to the hospital by a peace officerunder ORS 426.228, the licensed independentpractitioner shall contact the communitymental health program director of the countyin which the person is hospitalized. Thecommunity mental health program directorof the county in which the person is hospi-talized may request that the licensed inde-pendent practitioner notify the circuit courtin the county in which the person is hospi-talized. If the community mental healthprogram director does not make the request,the licensed independent practitioner shallnotify, immediately and in writing, the cir-cuit court in the county in which the personwas taken into custody.

(c) If, at any time prior to the hearingunder ORS 426.070 to 426.130, the licensedindependent practitioner responsible for aperson admitted or retained under ORS426.232 determines that the person is notdangerous to self or to any other person andis not in need of emergency care or treat-ment for mental illness, the licensed inde-pendent practitioner may release the personfrom the detention authorized by ORS



426.232. The licensed independent practi-tioner shall immediately notify the circuitcourt notified under this subsection and thecommunity mental health program directorof the person’s release from detention.

(3)(a) At the time the person is admittedto or retained in a nonhospital facility underORS 426.233, the community mental healthprogram director in the county where theperson was taken into custody shall contactthe community mental health program direc-tor of the county in which the person re-sides, if the county of residence is differentfrom the county in which the person wastaken into custody. The community mentalhealth program director of the county inwhich the person resides may request thatthe community mental health program direc-tor of the county in which the person wastaken into custody notify the circuit court inthe county where the person resides. Other-wise, the community mental health programdirector of the county in which the personwas taken into custody shall notify, imme-diately and in writing, the circuit court inthe county in which the person was takeninto custody.

(b) If, at any time prior to the hearingunder ORS 426.070 to 426.130, a communitymental health program director, after con-sultation with a licensed independent practi-tioner, determines that a person admitted orretained under ORS 426.233 is not dangerousto self or to any other person and is not inneed of immediate care, custody or treatmentfor mental illness, the community mentalhealth program director may release the per-son from detention. The community mentalhealth program director shall immediatelynotify the circuit court originally notifiedunder paragraph (a) of this subsection of theperson’s release from detention.

(4) When the judge of the circuit courtreceives notice under subsection (2) or (3) ofthis section, the judge immediately shallcommence proceedings under ORS 426.070 to426.130. In a county having a population of100,000 or more, and when feasible in acounty with a lesser population, the commu-nity mental health program director or des-ignee who directs the peace officer or otherauthorized individual to take a person intocustody under ORS 426.233 shall not alsoconduct the investigation as provided for un-der ORS 426.074. Except when a person isbeing held under ORS 426.237 (1)(b), a personshall not be held under ORS 426.232 or426.233 for more than five judicial dayswithout a hearing being held under ORS426.070 to 426.130.

(5) When the judge of the circuit courtreceives notice under subsection (2)(c) or(3)(b) of this section that a person has been

released, and unless the court receives therecommendation required by ORS 426.070 (4),the judge shall dismiss the case no later than14 days after the date the person was ini-tially detained. [1993 c.484 §6; 1995 c.201 §1; 1997c.531 §6; 2001 c.481 §3; 2003 c.109 §4; 2009 c.595 §406; 2013c.360 §42; 2015 c.461 §15]


426.235 Transfer between hospital andnonhospital facilities. (1) The communitymental health program director may transfera person in custody under ORS 426.232,426.233 or 426.237 (1)(b) to a hospital or non-hospital facility approved by the OregonHealth Authority at any time during the pe-riod of detention.

(2) A person in custody at a hospital maybe transferred from the hospital only withthe consent of the licensed independentpractitioner who is treating the person andwhen the director of a nonhospital facilityapproved by the authority agrees to admitthe person.

(3) A person in custody at a nonhospitalfacility approved by the authority may betransferred to a hospital approved by the au-thority only when a licensed independentpractitioner with admitting privileges agreesto admit the person.

(4) In transporting a person between ahospital and nonhospital facility under thissection, the community mental health pro-gram director has all the powers provided inORS 133.225 and 161.255 and may compel theassistance of any peace officer or other au-thorized individual.

(5) When a person is transferred underthis section, the community mental healthprogram director shall notify immediately thecourt notified under ORS 426.234 (2) or (3)of the fact of the transfer and of the locationof the person. [1993 c.484 §7; 2009 c.595 §407; 2013c.360 §43; 2015 c.461 §16]


426.236 Rules. The Oregon Health Au-thority shall adopt rules necessary to carryout the provisions of ORS 426.155 and426.228 to 426.238. [1993 c.484 §8; 2001 c.481 §4; 2009c.595 §408]


426.237 Prehearing detention; dutiesof community mental health program di-rector; certification for treatment; courtproceedings. (1) During a prehearing periodof detention as provided in ORS 426.070,426.140, 426.232 or 426.233, the communitymental health program director shall do oneof the following:

(a) Recommend, in an investigation re-port as provided in ORS 426.074, that thecircuit court not proceed further in the mat-ter if the community mental health program



director does not believe the person is a per-son with mental illness or that the person isin need of assisted outpatient treatment.

(b) No later than three judicial days afterinitiation of a prehearing period of detentionas provided in ORS 426.070, 426.140, 426.232or 426.233, certify the detained person for a14-day period of intensive treatment if:

(A) The community mental health pro-gram director and a licensed independentpractitioner have probable cause to believethe person is a person with mental illness;

(B) The community mental health pro-gram director in the county where the per-son resides verbally approves thearrangements for payment for the services atthe hospital or nonhospital facility; and

(C) The community mental health pro-gram director locates a hospital or nonhospi-tal facility that:

(i) Is approved by the authority and thecommunity mental health program directorin the county where the person resides; and

(ii) Can, in the opinion of the communitymental health program director and the li-censed independent practitioner, provide in-tensive care or treatment for mental illnessnecessary and sufficient to meet the emer-gency psychiatric needs of the person.

(c) Recommend, in an investigation re-port as provided in ORS 426.074, that thecircuit court hold a hearing under ORS426.070 to 426.130 if the community mentalhealth program director has probable causeto believe the person is a person with mentalillness or that the person is in need of as-sisted outpatient treatment.

(2)(a) If the circuit court adopts the rec-ommendation of the community mentalhealth program director under subsection(1)(a) of this section, the circuit court shallenter an order releasing the person and dis-missing the case. Unless the person agreesto voluntary treatment, if the person is beingdetained in a:

(A) Nonhospital facility, the communitymental health program director shall makedischarge plans and ensure the discharge ofthe person.

(B) Hospital, the licensed independentpractitioner who is treating the person shallmake discharge plans and discharge the per-son.

(b) Upon release of the person, the com-munity mental health program director shallattempt to notify the person’s next of kin ifthe person consents to the notification.

(3)(a) If the detained person is certifiedfor treatment under subsection (1)(b) of thissection, the community mental health pro-gram director shall:

(A) Deliver immediately a certificate tothe court having jurisdiction under ORS426.060; and

(B) Orally inform the person of the certi-fication and deliver a copy of the certificateto the person.

(b) The certificate required by paragraph(a) of this subsection shall include:

(A) A written statement under oath bythe community mental health program direc-tor and the licensed independent practitionerthat they have probable cause to believe theperson is a person with mental illness inneed of care or treatment for mental illness;

(B) A treatment plan that describes, ingeneral terms, the types of treatment andmedication to be provided to the person dur-ing the 14-day period of intensive treatment;

(C) A notice of the person’s right to anattorney and that an attorney will be ap-pointed by the court or as otherwise obtainedunder ORS 426.100 (3);

(D) A notice that the person has a rightto request and be provided a hearing underORS 426.070 to 426.130 at any time duringthe 14-day period; and

(E) The date and time the copy of thecertificate was delivered to the person.

(c) Immediately upon receipt of a certif-icate under paragraph (a) of this subsection,the court shall notify the person’s attorneyor appoint an attorney for the person if theperson cannot afford one. Within 24 hours ofthe time the certificate is delivered to thecourt, the person’s attorney shall review thecertificate with the person. If the person andthe person’s attorney consent to the certi-fication within one judicial day of the timethe certificate is delivered to the circuitcourt and, except as provided in subsection(4) of this section, the court shall postponethe hearing required by ORS 426.070 to426.130 for 14 days.

(d) When a person is certified for treat-ment under subsection (1)(b) of this sectionand accepts the certification:

(A) Except as otherwise provided in thisparagraph, all methods of treatment, includ-ing the prescription and administration ofdrugs, shall be the sole responsibility of thelicensed independent practitioner who istreating the person. However, the personshall not be subject to electroshock therapyor unduly hazardous treatment and shall re-ceive usual and customary treatment in ac-cordance with medical standards in thecommunity.

(B) Except when the person expressly re-fuses treatment, the treating licensed inde-pendent practitioner shall treat the personwithin the scope of the treatment plan pro-



vided the person under paragraph (b) of thissubsection. The person’s refusal of treatmentconstitutes sufficient grounds for the com-munity mental health program director torequest a hearing as provided in subsection(4)(a) of this section.

(C) If the person is in a hospital and thecommunity mental health program directorlocates a nonhospital facility, approved bythe authority, that, in the opinion of thecommunity mental health program directorand the licensed independent practitionerwho is treating the person, can provide careor treatment for mental illness necessary andsufficient to meet the emergency psychiatricneeds of the person, the treating licensed in-dependent practitioner shall discharge theperson from the hospital and the communitymental health program director shall removethe person to the nonhospital facility for theremainder of the 14-day intensive treatmentperiod. If, however, in the opinion of thetreating licensed independent practitioner,the person’s condition requires the person toreceive medical care or treatment, the li-censed independent practitioner shall retainthe person in the hospital.

(D) If the person is in a nonhospital fa-cility, the community mental health programdirector shall transfer the person to a hospi-tal approved by the authority under the fol-lowing conditions:

(i) If, in the opinion of a licensed inde-pendent practitioner, the person’s conditionrequires the person to receive medical careor treatment in a hospital; and

(ii) The licensed independent practitioneragrees to admit the person to a hospital, ap-proved by the authority, where the licensedindependent practitioner has admitting privi-leges.

(E) If the person is transferred as pro-vided in subparagraph (C) or (D) of this par-agraph, the community mental healthprogram director shall notify the circuitcourt, in the county where the certificatewas filed, of the location of the person. Theperson may appeal the transfer as providedby rules of the authority.

(e) If the person is in a hospital, the li-censed independent practitioner who istreating the person may discharge the personat any time during the 14-day period. Thetreating licensed independent practitionershall confer with the community mentalhealth program director and the person’snext of kin, if the person consents to theconsultation, prior to discharging the person.Immediately upon discharge of the person,the treating licensed independent practi-tioner shall notify the court in the county inwhich the certificate was filed initially.

(f) If the person is in a nonhospital facil-ity, the community mental health programdirector may discharge the person at anytime during the 14-day period. The commu-nity mental health program director shallconsult with the licensed independent practi-tioner who is treating the person and theperson’s next of kin, if the person consentsto the consultation, prior to discharging theperson. Immediately upon discharge of theperson, the community mental health pro-gram director shall notify the court in thecounty in which the certificate was filed ini-tially.

(g) The person may agree to voluntarytreatment at any time during the 14-day pe-riod. When a person agrees to voluntarytreatment under this paragraph, the commu-nity mental health program director imme-diately shall notify the court in the countyin which the certificate was filed initially.

(h) A person consenting to 14 days oftreatment under subsection (3)(c) of this sec-tion shall not be held longer than 14 daysfrom the time of consenting without a hear-ing as provided in ORS 426.070 to 426.130.

(i) When the court receives notificationunder paragraph (e), (f) or (g) of this subsec-tion, the court shall dismiss the case.

(4) The judge of the circuit court shallimmediately commence proceedings underORS 426.070 to 426.130 when:

(a) The person consenting to 14 days oftreatment or the community mental healthprogram director requests a hearing. Thehearing shall be held without unreasonabledelay. In no case shall the person be held ina hospital or nonhospital facility longer thanfive judicial days after the request for ahearing is made without a hearing being heldunder ORS 426.070 to 426.130.

(b) The community mental health pro-gram director acts under subsection (1)(c) ofthis section. In no case shall the person beheld longer than five judicial days without ahearing under this subsection. [1993 c.484 §9;2003 c.14 §237; 2009 c.595 §409; 2013 c.360 §44; 2013 c.737§5; 2015 c.461 §17]


426.238 Classifying facilities. The Ore-gon Health Authority may assign classifica-tions, as defined by rule of the authority, tofacilities that provide care and treatment forpersons committed to the authority underORS 426.130 or provide emergency care ortreatment for persons pursuant to ORS426.070, 426.228 to 426.235 or 426.237. Theauthority may authorize a facility to retakecustody of a person who unlawfully leaves afacility as provided in ORS 426.223. [1993 c.484§10; 2009 c.595 §410]




426.240 [Amended by 1959 c.652 §22; 1975 c.690 §16;repealed by 1977 c.764 §4 (426.241 enacted in lieu of426.240)]

(Costs)426.241 Payment of care, custody and

treatment costs; denial of payment;rules. (1) The cost of emergency psychiatriccare, custody and treatment related to or re-sulting from such psychiatric condition, pro-vided by a hospital or other facility approvedby the Oregon Health Authority and thecommunity mental health program directorof the county in which the facility is located,except a state hospital, for a person allegedto have a mental illness who is admitted ordetained under ORS 426.070, 426.140, 426.228,426.232 or 426.233, or for a person with men-tal illness who is admitted or detained underORS 426.150, 426.223, 426.273, 426.275 or426.292, shall be paid by the communitymental health program in the county ofwhich the person is a resident from statefunds provided to the community mentalhealth program for this purpose. The com-munity mental health program is responsiblefor the cost when state funds provided to thecommunity mental health program are ex-hausted. The hospital or other facility shallcharge to and collect from the person, thirdparty payers or other legally or financiallyresponsible individuals or entities the costsof the emergency care, custody and treat-ment, as it would for any other patient, andany funds received shall be applied as anoffset to the cost of the services providedunder this section.

(2) If any person is admitted to or de-tained in a state hospital under ORS 426.070,426.140, 426.180 to 426.210, 426.228, 426.232or 426.233 for emergency care, custody ortreatment, the authority shall charge to andcollect from the person, third party payersor other legally or financially responsible in-dividuals or entities the costs as it would forother patients of the state hospitals underthe provisions of ORS 179.610 to 179.770.

(3) If any person is adjudged to have amental illness under the provisions of ORS426.130, or determined to be an extremelydangerous person with mental illness underORS 426.701 or 426.702, and the person re-ceives care and treatment in a state hospital,the person, third party payers or other le-gally or financially responsible individuals orentities shall be required to pay for the costsof the hospitalization at the state hospital,as provided by ORS 179.610 to 179.770, if fi-nancially able to do so.

(4) For purposes of this section and ORS426.310, “resident” means resident of thecounty in which the person maintains a cur-rent mailing address or, if the person does

not maintain a current mailing addresswithin the state, the county in which theperson is found, or the county in which acourt-committed person has been condi-tionally released.

(5)(a) The authority may deny paymentfor part or all of the emergency psychiatricservices provided by a hospital or nonhospi-tal facility under ORS 426.232, 426.233 or426.237 when the authority finds, upon re-view, that the condition of the person allegedto have a mental illness did not meet theadmission criteria in ORS 426.232 (1), 426.233(1) or 426.237 (1)(b)(A). The payer responsibleunder this section shall make a request fordenial of payment for emergency psychiatricservices provided under ORS 426.232, 426.233or 426.237 in writing to the authority.

(b) The authority may require the follow-ing to provide the authority with any infor-mation that the authority determines isnecessary to review a request for denial ofpayment made under this subsection or toconduct a review of emergency psychiatricservices for the purpose of planning or de-fining authority rules:

(A) A hospital or nonhospital facility ap-proved under ORS 426.228 to 426.235 or426.237.

(B) A physician or a person providingemergency psychiatric services under ORS426.228 to 426.235 or 426.237.

(c) The authority shall adopt rules nec-essary to carry out the purposes of this sub-section. [1977 c.764 §5 (enacted in lieu of 426.240); 1979c.392 §1; 1981 c.750 §16; 1987 c.527 §1; 1993 c.484 §21; 2009c.595 §411; 2013 c.715 §§8,19; 2015 c.785 §4]

426.250 Payment of costs related tocommitment proceedings. The following isa nonexclusive list of responsibilities forpayment of various costs related to commit-ment proceedings under this chapter as de-scribed:

(1) Any physician or qualified profes-sional recommended by the Oregon HealthAuthority who is employed under ORS426.110 to make an examination as to themental condition of a person alleged to havea mental illness shall be allowed a fee as thecourt in its discretion determines reasonablefor the examination.

(2) Witnesses subpoenaed to give testi-mony shall receive the same fees as are paidin criminal cases, and are subject to compul-sory attendance in the same manner as pro-vided in ORS 136.567 to 136.603. Theattendance of out-of-state witnesses may besecured in the same manner as provided inORS 136.623 to 136.637. The party who sub-poenas the witness or requests the court tosubpoena the witness is responsible for pay-ment of the cost of the subpoena and pay-



ment for the attendance of the witness at ahearing. When the witness has been sub-poenaed on behalf of a person alleged to havea mental illness who is represented by ap-pointed counsel, the fees and costs allowedfor that witness shall be paid pursuant toORS 135.055. If the costs of witnesses sub-poenaed by the person are paid as providedunder this subsection, the procedure for sub-poenaing witnesses shall comply with ORS136.570.

(3) If a person with a right to a counselunder ORS 426.100, 426.701 or 426.702 is de-termined to be financially eligible for ap-pointed counsel at state expense, the publicdefense services executive director shall de-termine and pay, as provided in ORS 135.055,the reasonable expenses related to the repre-sentation of the person and compensation forlegal counsel. The expenses and compensa-tion so allowed shall be paid by the publicdefense services executive director fromfunds available for the purpose.

(4) The authority shall pay the costs ofexpenses incurred under ORS 426.100 by theAttorney General’s office. Any costs for dis-trict attorneys or other counsel appointed toassume responsibility for presenting thestate’s case shall be paid by the countywhere the commitment hearing is held, sub-ject to reimbursement under ORS 426.310.

(5) All costs incurred in connection witha proceeding under ORS 426.180, 426.701 or426.702, including the costs of transportation,commitment and delivery of the person, shallbe paid by the community mental healthprogram in the county of which the personis a resident. If the person is not a residentof this state, then the costs incurred in con-nection with the proceeding shall be paid bythe community mental health program in thecounty from which the emergency admissionwas made.

(6) All costs incurred in connection witha proceeding under ORS 426.180 for thecommitment of a person from a reservation,including the cost of transportation, commit-ment and delivery of the person, shall bepaid by the governing body of the reservationof which the person is a resident. [Amended by1965 c.420 §2; 1975 c.690 §17; 1977 c.764 §6; 1987 c.606 §9;1987 c.903 §§26,26a; 2001 c.962 §59; 2009 c.595 §412; 2011c.720 §162; 2012 c.25 §4; 2013 c.360 §46; 2013 c.715 §9; 2015c.785 §5]

426.255 County to pay costs. Costs ofhearings conducted pursuant to ORS 426.307,and the fees for physicians and other exam-iners shall be charged to the county of theperson’s residence in the same manner pro-vided by ORS 426.310, whether the hearingis held in the county of residence or countyof the treating facility. [1973 c.838 §19; 1987 c.803§23; 1987 c.903 §27; 2013 c.360 §47]



(Trial Visits; Conditional Release; Outpatient Commitment; Early Release)

426.273 Trial visits. (1) During a periodof commitment of a patient under ORS426.130, the Oregon Health Authority maygrant a trial visit to the patient for a periodof time and under any conditions the au-thority shall establish. The authority shallonly grant a trial visit under this section ifthe trial visit is agreed to by the communitymental health program director, or the des-ignee of the director, for the county in whichthe person would reside.

(2) When in the opinion of the authority,the committed person can be appropriatelyserved by outpatient care during the periodof commitment, the outpatient care may berequired as a condition for trial visit for aperiod which, when added to the inpatienttreatment period, shall not exceed the periodof commitment. If outpatient care is requiredas a condition for a trial visit, the conditionsshall include a designation of a facility, ser-vice or other provider to provide care ortreatment.

(3) A copy of the conditions for trial visitshall be given to all of the individuals or en-tities listed in ORS 426.278.

(4) Any trial visit granted under thissection is subject to the provisions underORS 426.275.

(5) The director of the community mentalhealth program, or designee, of the county inwhich a person who is on trial visit liveswhile on trial visit may modify the condi-tions for continued trial visit when suchmodification is in the best interest of theperson. The director shall send notificationof such changes and the reasons for thechanges to all those who received a copy ofthe original conditions under ORS 426.278.[1985 c.242 §2 (enacted in lieu of 426.290); 1987 c.903 §28;2009 c.595 §413; 2013 c.360 §48]

426.275 Effect of failure to adhere tocondition of placement. The following areapplicable to placements of persons withmental illness that are made as conditionalrelease under ORS 426.125, outpatient com-mitments under ORS 426.127 or trial visitsunder ORS 426.273 as described:

(1) If the individual responsible underthis subsection determines that a personwith mental illness is failing to adhere to theterms and conditions of the placement, theresponsible individual shall notify the courthaving jurisdiction that the person withmental illness is not adhering to the termsand conditions of the placement. If the



placement is an outpatient commitment un-der ORS 426.127 or a trial visit under ORS426.273, the notifications shall include a copyof the conditions for the placement. The in-dividual responsible for notifying the courtunder this subsection is as follows:

(a) For conditional releases under ORS426.125, the guardian, relative or friend inwhose care the person with mental illness isconditionally released.

(b) For outpatient commitments underORS 426.127, the community mental healthprogram director, or designee of the director,of the county in which the person on outpa-tient commitment lives.

(c) For trial visits under ORS 426.273, thecommunity mental health program director,or designee of the director, of the county inwhich the person on trial visit is to receiveoutpatient treatment.

(2) On its own motion, the court with ju-risdiction of a person with mental illness onplacement may cause the person to bebrought before it for a hearing to determinewhether the person is or is not adhering tothe terms and conditions of the placement.The person shall have the same rights withrespect to notice, detention stay, hearing andcounsel as for a hearing held under ORS426.095. The court shall hold the hearingwithin five judicial days of the date the per-son with mental illness receives notice underthis section. The court may allow postpone-ment and detention during postponement asprovided under ORS 426.095.

(3) Pursuant to the determination of thecourt upon hearing under this section, aperson on placement shall either continuethe placement on the same or modified con-ditions or shall be returned to the OregonHealth Authority for involuntary care andtreatment on an inpatient basis subject todischarge at the end of the commitment pe-riod or as otherwise provided under thischapter.

(4) If the person on placement is living ina county other than the county of the courtthat established the current period of com-mitment under ORS 426.130 during which thetrial visit, conditional release or outpatientcommitment takes place, the court establish-ing the current period of commitment shalltransfer jurisdiction to the appropriate courtof the county in which the person is livingwhile on the placement and the court re-ceiving the transfer shall accept jurisdiction.

(5) The court may proceed as provided inORS 426.307 or this section when the court:

(a) Receives notice under ORS 426.070 or426.228 to 426.235; and

(b) Determines that the person is a per-son with mental illness on conditional re-

lease under ORS 426.125, outpatientcommitment under ORS 426.127 or trial visitunder ORS 426.273. [1985 c.242 §3 (enacted in lieuof 426.290); 1987 c.903 §29; 1993 c.484 §22; 2009 c.595 §414;2011 c.720 §163; 2013 c.360 §49]

426.278 Distribution of copies of con-ditions for outpatient commitment ortrial visit. The Oregon Health Authorityshall provide to each of the following indi-viduals or entities a copy of the conditionsof an outpatient commitment under ORS426.127 or a trial visit under ORS 426.273:

(1) The committed person;(2) The community mental health pro-

gram director, or designee of the director, ofthe county in which the committed person isto receive outpatient treatment;

(3) The director of any facility, serviceor other provider designated to provide careor treatment;

(4) The court of current commitment; and(5) The appropriate court of the county

in which the committed person lives duringthe commitment period if the person is livingin a different county than the county of thecourt that made the current commitment.[1987 c.903 §30; 2009 c.595 §415; 2013 c.360 §50]

426.280 [Amended by 1961 c.228 §1; 1961 c.706 §26;1969 c.597 §91; 1973 c.838 §26; 1985 c.242 §5; 1987 c.903§31; 1993 c.484 §23; 1997 c.531 §7; renumbered 426.335 in2003]

426.290 [Amended by 1959 c.513 §1; 1961 c.228 §2;1969 c.391 §6; 1973 c.838 §27; 1975 c.690 §18; repealed by1985 c.242 §1 (426.273, 426.275 and 426.292 enacted in lieuof 426.290)]

426.292 Release prior to expiration ofterm of commitment. Nothing in thischapter and ORS 430.397 to 430.401 prohibitsthe Oregon Health Authority from releasinga person from a hospital or other facility inwhich the person is being treated prior tothe expiration of the period of commitmentunder ORS 426.130 when, in the opinion ofthe director of the facility or the licensedindependent practitioner who is treating theperson, the person is no longer a person withmental illness. [1985 c.242 §4 (enacted in lieu of426.290); 2009 c.595 §416; 2013 c.360 §51; 2015 c.461 §18]

(Competency and Discharge)426.295 Judicial determination of

competency; restoration of competency.(1) No person admitted to a state hospital forthe treatment of mental illness shall be con-sidered by virtue of the admission to be in-competent.

(2) Upon petition of a person committedto a state hospital, or the guardian, relativeor creditor of the person or other interestedperson, the court of competent jurisdiction inthe county in which the state hospital is lo-cated or, if the petitioner requests a hearingin the county where the commitment origi-



nated, then the court in such county shallhold a hearing to determine whether or notthe person in the state hospital is competent.A guardian who is not the petitioner shallbe notified of the hearing at least three daysbefore the date set for hearing. After thehearing the court shall enter an order pur-suant to its finding and serve a copy of theorder on the petitioner and forward a copyof the order to the committing court.

(3) When a person committed to a statehospital has been declared incompetent pur-suant to subsection (2) of this section and isdischarged from the hospital, the superinten-dent of the hospital shall advise the courtwhich entered the order of incompetencywhether or not, in the opinion of the chiefmedical officer of the hospital on the basisof medical evidence, the person is competent.The superintendent shall make a reasonableeffort to notify the discharged person of theadvice to the court. If the court is advisedthat the person is competent, the court shallenter an order to that effect. If the court isadvised that the person is not competent,upon petition of the person, the guardian,relative or creditor of the person or otherinterested person, the court shall hold ahearing to determine whether or not the dis-charged person is competent. The court shallserve a copy of any order entered pursuantto this subsection on the person and forwarda copy of such order to the committing court.[1965 c.628 §2; 1967 c.460 §1; 1969 c.391 §7]

426.297 Payment of expenses for pro-ceeding under ORS 426.295. (1) The ex-penses of a proceeding under ORS 426.295 (2)shall be paid by the person with mental ill-ness, unless it appears from the affidavit ofthe person or other evidence that the personis unable to pay the expenses. If the personis unable to pay, the expenses of the pro-ceedings shall be paid by the communitymental health program in the county ofwhich the person was a resident at the timeof admission. If the county of residence can-not be established, the community mentalhealth program in the county from which theperson was admitted shall pay the expenses.

(2) The expenses of the proceeding underORS 426.295 (3) shall be paid by the peti-tioner.

(3) Any physician employed by the courtto make an examination as to the mentalcondition of a person subject to a compe-tency proceeding under ORS 426.295 or426.380 to 426.390 shall be allowed a reason-able professional fee by order of the court.Witnesses summoned and giving testimonyshall receive the same fees as are paid inORS 44.415 (2). [1967 c.460 §2; 1989 c.980 §14; 2013c.360 §52; 2015 c.785 §6]

426.300 Discharge of committed per-sons; application for assistance on behalfof committed person. (1) The OregonHealth Authority shall, by filing a writtencertificate with the last committing courtand the court of residence, discharge an in-dividual from court commitment, except oneheld upon an order of a court or judge hav-ing criminal jurisdiction in an action or pro-ceeding arising out of criminal offense, if theauthority finds that the individual is nolonger a person with mental illness or thatthe transfer of the individual to a voluntarystatus is in the individual’s best interest.

(2) The authority may sign applicationsfor public assistance, as defined in ORS411.010, medical assistance, as defined inORS 414.025, or any other state or federalbenefits on behalf of those individuals whomay be eligible for public assistance, medicalassistance or any other state or federal ben-efits upon discharge. [Amended by 1963 c.325 §4;1967 c.549 §8; 1973 c.838 §22; 1997 c.249 §137; 2009 c.595§417; 2013 c.360 §53; 2013 c.688 §90; 2017 c.65 §1]

426.301 Release of committed person;certification of continued mental illness;service of certificate; content; period offurther commitment; effect of failure toprotest further commitment. (1) At theend of the 180-day period of commitment, anyperson whose status has not been changed tovoluntary shall be released unless the Ore-gon Health Authority certifies to the courtin the county where the treating facility islocated that the person is still a person withmental illness and is in need of furthertreatment. The authority, pursuant to itsrules, may delegate to the director of thetreating facility the responsibility for makingthe certification. The director of the treatingfacility shall consult with the communitymental health program director of the countyof residence prior to making the certifica-tion. If the certification is made, the personwill not be released, but the director of thetreating facility shall immediately issue acopy of the certification to the person and tothe community mental health program direc-tor of the county of residence.

(2) The certification shall be served uponthe person by the director of the facilitywhere the person is confined or by the des-ignee of the director. The director of the fa-cility shall inform the court in writing thatservice has been made and the date thereof.

(3) The certification shall advise the per-son of all the following:

(a) That the authority or facility has re-quested that commitment be continued for anadditional period of time.

(b) That the person may consult with le-gal counsel and that legal counsel will be



provided for the person without cost if theperson is unable to afford legal counsel.

(c) That the person may protest this fur-ther period of commitment within 14 days,and if the person does not protest the furthercommitment, commitment will be continuedfor an indefinite period of time up to 180days.

(d) That if the person does protest a fur-ther period of commitment, the person is en-titled to a hearing before the court onwhether commitment should be continued.

(e) That the person may protest eitherorally or in writing by signing the form ac-companying the certification.

(f) That the person is entitled to have aphysician or other qualified professional asrecommended by the authority, other than amember of the staff at the facility where theperson is confined, examine the person andreport to the court the results of the exam-ination.

(g) That the person may subpoena wit-nesses and offer evidence on behalf of theperson at the hearing.

(h) That if the person is without funds toretain legal counsel or an examining physi-cian or qualified professional as recom-mended by the authority, the court willappoint legal counsel, a physician or otherqualified professional.

(4) Nothing in subsection (3) of this sec-tion requires the giving of the warning underORS 426.123.

(5) When serving the certification uponthe person, the authority shall read and de-liver the certification to the person and askwhether the person protests a further periodof commitment. The person may protest fur-ther commitment either orally or by signinga simple protest form to be given to the per-son with the certification. If the person doesnot protest a further period of commitmentwithin 14 days of service of the certification,the authority or facility shall so notify thecourt and the court shall, without furtherhearing, order the commitment of the personfor an additional indefinite period of time upto 180 days. [1973 c.838 §15; 1975 c.690 §19; 1987 c.903§32; 2001 c.962 §60; 2009 c.595 §418; 2013 c.360 §54]

426.303 Effect of protest of furthercommitment; advice of court. When theperson protests a further period of commit-ment the Oregon Health Authority or facilitydesignated in accordance with ORS 426.301shall immediately notify the court and thecourt shall have the person brought before itand shall again advise the person that theauthority or facility has requested that com-mitment be continued for an additional pe-riod of time and that if the person does not

protest this commitment the commitmentwill be continued for an indefinite period oftime up to 180 days. The person shall alsobe informed of the rights set forth in ORS426.301. [1973 c.838 §16; 1975 c.690 §20; 2009 c.595 §419]

426.305 [1955 c.522 §4; 1963 c.325 §5; repealed by 1965c.628 §3]

426.307 Court hearing; continuance;attorney; examination; determination ofmental illness; order of further commit-ment; period of commitment. If a personwith mental illness requests a hearing underORS 426.301 or if the court proceeds underORS 426.275 (5), the following provisions ap-ply:

(1) The hearing shall be conducted aspromptly as possible and at a time and placeas the court may direct.

(2) If the person requests a continuancein order to prepare for the hearing or to ob-tain legal counsel to represent the person,the court may grant postponement and de-tention during postponement as provided un-der ORS 426.095.

(3) The person has the right to represen-tation by or appointment of counsel as pro-vided under ORS 426.100 subject to ORS135.055, 151.216 and 151.219.

(4) If the person requests an examinationby a physician or other qualified professionalas recommended by the Oregon Health Au-thority and is without funds to retain a phy-sician or other qualified professional forpurposes of the examination, the court shallappoint a physician or other qualified profes-sional, other than a member of the staff fromthe facility where the person is confined, toexamine the person at no expense to theperson and to report to the court the resultsof the examination.

(5) The provisions of ORS 40.230, 40.235,40.240 and 40.250 do not apply to the use ofmedical records from the current period ofcommitment or to testimony related to suchrecords or period of commitment in con-nection with hearings under this section. Thecourt may consider as evidence such reportsand testimony.

(6) The court shall then conduct a hear-ing and after hearing the evidence and re-viewing the recommendations of the treatingand examining physicians or other qualifiedprofessionals, the court shall determinewhether the person is still a person withmental illness and is in need of furthertreatment. If in the opinion of the court theindividual is still a person with mental ill-ness by clear and convincing evidence and isin need of further treatment, the court mayorder commitment to the authority for anadditional indefinite period of time up to 180days.



(7) At the end of the 180-day period, theperson shall be released unless the authorityor facility again certifies to the committingcourt that the person is still a person withmental illness and is in need of furthertreatment, in which event the procedures setforth in ORS 426.301 to 426.307 shall be fol-lowed. [1973 c.838 §17; 1975 c.690 §21; 1979 c.408 §5;1987 c.803 §24; 1987 c.903 §§33,33a; 1989 c.171 §53; 1993c.484 §24; 1997 c.649 §4; 2001 c.962 §61; 2009 c.595 §420;2013 c.360 §1]

426.309 Effect of ORS 426.217 and426.301 to 426.307 on other discharge pro-cedure. ORS 426.217 and 426.301 to 426.307do not restrict or limit the discharge proce-dures set forth in ORS 426.300. [1973 c.838 §20]

(Miscellaneous)426.310 Reimbursement of county ex-

penses for commitment proceedings in-volving nonresidents. (1) If a person withmental illness is a resident of some othercounty in this state, the county making thecommitment shall be reimbursed by thecounty of which the person is a resident. Allreasonable and actual expenses incurred andpaid by the county by reason of the care,custody, treatment, investigation, examina-tion and commitment hearing shall, uponpresentation of a copy of the order of thejudge making the examination and commit-ment, together with a properly itemized andcertified claim covering the expense, bepromptly paid to the county by the countyof which the person was a resident. The ex-penses reimbursed under this subsectionshall include any expenses incurred to payfor representation of the state’s interest un-der ORS 426.100 and 426.250.

(2) If a person alleged to have a mentalillness is a resident of some other county inthis state, a county attempting a commitmentshall be reimbursed by the county of whichthe person is a resident, as defined in ORS426.241, for all actual, reasonable expensesincurred and paid by the county attemptingcommitment by reason of the care, custody,treatment, investigation, examination andcommitment hearing. The expenses reim-bursed under this subsection shall includeany expenses incurred to pay for represen-tation of the state’s interest under ORS426.100 and 426.250.

(3) In the case of a county that declinesto operate or contract for a community men-tal health program, the public agency or pri-vate corporation that contracts with theOregon Health Authority to provide the pro-gram, as described in ORS 430.640, is re-sponsible for reimbursing a county for thecosts incurred by the county in the care,custody, treatment, investigation and exam-ination of the person. [Amended by 1975 c.690 §22;

1977 c.764 §7; 1979 c.392 §2; 1987 c.903 §34; 2013 c.360 §55;2015 c.785 §7]

426.320 Payment of certain expensesby the state. When a person with mentalillness is assigned to or transferred to a statehospital, all of the actual and necessary ex-penses of transporting the person to the hos-pital that are incurred by the agent orattendant from the state hospital, the assis-tants of the agent or attendant and the per-son, shall be paid by the state in the mannerprovided in ORS 426.330. [Amended by 1975 c.690§23; 2013 c.360 §56]

426.330 Presentation and payment ofclaims. (1) The special funds authorized forthe use of the superintendent of the OregonState Hospital to better enable the super-intendent promptly to meet the advances andexpenses necessary in the matter of trans-ferring patients to the Oregon State Hospitalare continued in existence. The superinten-dent shall present the superintendent’sclaims monthly, with vouchers that show theexpenditures from the special funds duringthe preceding month, to the Oregon HealthAuthority for the transfer of patients to theOregon State Hospital.

(2) Against the funds appropriated tocover the cost of transporting patients, theState Treasurer shall pay the claims of thesuperintendent that have been approved bythe Oregon Health Authority. [Amended by 1975c.614 §14; 1985 c.565 §67; 2007 c.14 §2; 2007 c.70 §206; 2009c.595 §421; 2011 c.9 §59; 2013 c.36 §68; 2015 c.318 §15]

426.335 Limitations on liability. Thefollowing limitations on liability are applica-ble to actions and proceedings within thischapter and ORS 430.397 to 430.401:

(1) The following individuals may not inany way be held criminally or civilly liablefor the initiation of commitment proceduresunder ORS 426.070, provided the individualacts in good faith, on probable cause andwithout malice:

(a) The community mental health pro-gram director or designee of the director.

(b) The two petitioning persons.(c) The local health officer.(d) Any magistrate.(e) Any peace officer or parole and pro-

bation officer.(f) Any licensed independent practitioner

attending the person alleged to have a men-tal illness.

(g) Any licensed independent practitionerassociated with the hospital or institutionwhere the person alleged to have a mentalillness is a patient.

(2) The community mental health pro-gram director or the designee of the directorconducting the investigation under ORS



426.070 and 426.074 shall not be heldcriminally or civilly liable for conducting theinvestigation, provided the investigator actsin good faith, on probable cause and withoutmalice.

(3) The individual representing the state’sinterest under ORS 426.100 shall not be heldcriminally or civilly liable for performing re-sponsibilities under ORS 426.100 as long asthe individual acts in good faith and withoutmalice.

(4) An examiner appointed under ORS426.110 may not be held criminally or civillyliable for actions pursuant to ORS 426.120 ifthe examiner acts in good faith and withoutmalice.

(5) A licensed independent practitioner,hospital or judge may not be held criminallyor civilly liable for actions pursuant to ORS426.228, 426.231, 426.232, 426.234 or 426.235 ifthe licensed independent practitioner, hospi-tal or judge acts in good faith, on probablecause and without malice.

(6) A peace officer, individual authorizedunder ORS 426.233, community mental healthdirector or designee, hospital or other facil-ity, licensed independent practitioner orjudge may not in any way be held criminallyor civilly liable for actions pursuant to ORS426.228 to 426.235 if the individual or facilityacts in good faith, on probable cause andwithout malice.

(7) Any legal guardian, relative or friendof a person with mental illness who assumesresponsibility for the person under a condi-tional release under ORS 426.125 shall notbe liable for any damages that result fromthe misconduct of the person while on con-ditional release if the legal guardian, relativeor friend acts in good faith and without mal-ice.

(8) The individuals designated in thissubsection may not be liable for personal in-juries or other damages that result from themisconduct of a person with mental illnesswhile the person is on outpatient commit-ment under ORS 426.127 if the designatedindividual acts without willful and wantonneglect of duty. This subsection is applicableto all of the following:

(a) The community mental health pro-gram director and the designee of the direc-tor for the county in which the committedperson resides.

(b) The superintendent or director of anystaff of any facility where the person withmental illness receives treatment during theoutpatient commitment.

(c) The Director of the Oregon HealthAuthority.

(d) The licensed independent practitionerand the facility providing care or treatmentto a person on outpatient commitment.

(9) For trial visits granted under ORS426.273 and 426.275:

(a) The following individuals and entitiesmay not be liable for a person’s expenseswhile on trial visit:

(A) The licensed independent practitionerand the facility providing care or treatmentto a person on a trial visit;

(B) The superintendent or director of thefacility providing care or treatment to a per-son on a trial visit;

(C) The Director of the Oregon HealthAuthority; and

(D) The chief medical officer of the facil-ity.

(b) The individuals designated in thisparagraph may not be liable for damages thatresult from the misconduct of a person withmental illness while on trial visit if the des-ignated individual acts without willful andwanton neglect of duty:

(A) The community mental health pro-gram director for the county in which theperson resides;

(B) The superintendent, director or chiefmedical officer of any facility providing careor treatment to a patient on a trial visit;

(C) The licensed independent practitionerresponsible for the patient’s care or treat-ment during a trial visit;

(D) The Director of the Oregon HealthAuthority; or

(E) The employees and agents of individ-uals or facilities under this paragraph.[Formerly 426.280; 2005 c.264 §21; 2009 c.595 §422; 2013c.360 §57; 2015 c.461 §19; 2015 c.736 §68]

426.340 [Repealed by 1975 c.690 §28]426.350 [Amended by 1961 c.152 §1; repealed by 1971

c.64 §12]426.360 [1961 c.513 §§1,2,3; 1969 c.597 §92; 1971 c.655

§246; 1977 c.253 §40; repealed by 2001 c.900 §261]

426.370 Withholding information ob-tained in certain commitment or admis-sion investigations. A community mentalhealth program director or designee maywithhold information obtained during an in-vestigation under ORS 426.070, 426.228,426.232, 426.233 or 426.234 if the communitymental health program director determines:

(1) That information was not included inits investigation report or otherwise used ina material way to support a determinationby the community mental health program di-rector that there was probable cause to be-lieve a person was a person with mentalillness; and



(2) Release of the information wouldconstitute a clear and immediate danger toany person. [1989 c.993 §6; 1993 c.484 §25; 2009 c.595§423; 2013 c.360 §58]


426.375 [1967 c.460 §5; repealed by 1973 c.838 §29]

426.380 Availability of writ of habeascorpus. Any individual committed pursuantto ORS 426.005 to 426.223 and 426.241 to426.380 shall be entitled to the writ of habeascorpus upon proper petition by the individualor a friend to any court generally empoweredto issue the writ of habeas corpus in thecounty in which the state hospital in whichthe person is detained is located. [1967 c.460§6]

426.385 Rights of committed persons.(1) Every person with mental illness commit-ted to the Oregon Health Authority shallhave the right to:

(a) Communicate freely in person and byreasonable access to telephones;

(b) Send and receive sealed mail, exceptthat this right may be limited for securityreasons in state institutions as described inORS 426.010;

(c) Wear the clothing of the person;(d) Keep personal possessions, including

toilet articles;(e) Religious freedom;(f) A private storage area with free ac-

cess thereto;(g) Be furnished with a reasonable supply

of writing materials and stamps;(h) A written treatment plan, kept cur-

rent with the progress of the person;(i) Be represented by counsel whenever

the substantial rights of the person may beaffected;

(j) Petition for a writ of habeas corpus;(k) Not be required to perform routine

labor tasks of the facility except those es-sential for treatment;

(L) Be given reasonable compensation forall work performed other than personalhousekeeping duties;

(m) Daily access to fresh air and theoutdoors, except that this right may be lim-ited when it would create significant risk ofharm to the person or others;

(n) Such other rights as may be specifiedby rule; and

(o) Exercise all civil rights in the samemanner and with the same effect as one notadmitted to the facility, including, but notlimited to, the right to dispose of real prop-

erty, execute instruments, make purchases,enter contractual relationships, and vote,unless the person has been adjudicated in-competent and has not been restored to legalcapacity. Disposal of personal property inpossession of the person in a state institutiondescribed in ORS 426.010 is subject to limi-tation for security reasons.

(2)(a) A person must be immediately in-formed, orally and in writing, of any limita-tion:

(A) Of the right to send or receive sealedmail under subsection (1)(b) of this section;

(B) Regarding the disposal of personalproperty under subsection (1)(o) of this sec-tion; and

(C) Of the right to daily access to freshair and the outdoors under subsection (1)(m)of this section.

(b) Any limitation under this subsectionand the reasons for the limitation must bestated in the person’s written treatment plan.

(c) The person has the right to challengeany limitation under this subsection pursu-ant to rules adopted by the authority. Theperson must be informed, orally and in writ-ing, of this right.

(3) A person with mental illness commit-ted to the authority shall have the right tobe free from potentially unusual or hazard-ous treatment procedures, includingconvulsive therapy, unless the person hasgiven express and informed consent or au-thorized the treatment pursuant to ORS127.700 to 127.737. This right may be deniedto a person for good cause as defined in ad-ministrative rule only by the director of thefacility in which the person is confined, butonly after consultation with and approval ofan independent examining physician. Anydenial shall be entered into the person’streatment record and shall include the rea-sons for the denial. A person with mentalillness may not be subjected topsychosurgery, as defined in ORS 677.190(21)(b).

(4) Mechanical restraints shall not beapplied to a person admitted to a facility un-less it is determined by the chief medical of-ficer of the facility or designee to be requiredby the medical needs of the person. Everyuse of a mechanical restraint and the rea-sons for using a mechanical restraint shallbe made a part of the clinical record of theperson over the signature of the chief med-ical officer of the facility or designee.

(5) Nothing in this section prevents theauthority from acting to exclude contrabandfrom its facilities and to prevent possessionor use of contraband in its facilities.

(6) As used in this section:



(a) “Contraband” has the meaning giventhat term in ORS 162.135.

(b) “Security reasons” means the pro-tection of the person with mental illnessfrom serious and immediate harm and theprotection of others from threats orharassment as defined by rule of the author-ity. [1967 c.460 §4; 1973 c.838 §28; 1981 c.372 §3; 1983c.486 §1; 1993 c.442 §16; 1995 c.141 §1; 2001 c.104 §152;2007 c.56 §1; 2009 c.595 §424; 2009 c.756 §20; 2013 c.360§59]

426.390 Construction. Nothing in ORS426.295, 426.297 and 426.380 to 426.390 is in-tended to detract from the powers of a courtunder ORS chapter 125 or ORS 179.640. [1967c.460 §7; 1973 c.823 §137; 1995 c.664 §96]

426.395 Posting of statement of rightsof committed persons. A simple and clearstatement of rights guaranteed to patientscommitted to the Oregon Health Authorityshall be prominently posted in each roomfrequented by patients in all facilities hous-ing such patients. A copy of the statementshall be given to each patient upon admis-sion and sent, upon request, to the legalcounsel, guardian, relative or friend of thepatient. The statement shall include thename, address and telephone number of thesystem described in ORS 192.517 (1). [1973c.838 §31; 2003 c.14 §238; 2007 c.57 §1; 2009 c.595 §425]

426.405 [1983 c.536 §1; repealed by 2001 c.900 §261]426.407 [1983 c.536 §2; repealed by 2001 c.900 §261]426.410 [1969 c.638 §1; repealed by 1975 c.690 §28]

(Licensing of Persons Who May OrderRestraint or Seclusion)

426.415 Licensing of persons who mayorder and oversee use of restraint andseclusion in facilities providing mentalhealth treatment to individuals under 21years of age; rules. (1) The Director of theOregon Health Authority may adopt rulesestablishing requirements and procedures forlicensing persons who may order, monitorand evaluate the use of restraint and seclu-sion in facilities providing intensive mentalhealth treatment services to individuals un-der 21 years of age.

(2) A license may not be issued or re-newed under rules adopted under this sectionunless the person applying for the license orrenewal:

(a) Is employed by or providing servicesunder contract with a provider that is certi-fied by the Oregon Health Authority to pro-vide intensive mental health treatmentservices for individuals under 21 years ofage;

(b) Has successfully completed an emer-gency safety intervention training programapproved by the director;

(c) Provides documented evidence of theperson’s ability to assess the psychologicaland physical well-being of individuals under21 years of age;

(d) Meets other qualifications establishedby the director by rule for qualified mentalhealth professionals; and

(e) Demonstrates knowledge of federaland state rules governing the use of restraintand seclusion in intensive mental healthtreatment programs for individuals under 21years of age.

(3) The rules described in subsection (1)of this section shall:

(a) Specify procedures for issuing and re-newing licenses;

(b) Establish a term of licensure;(c) Require a person issued a license to

satisfy annual training requirements relatingto emergency safety intervention procedures;

(d) Specify grounds for denial, suspensionor revocation of a license;

(e) Set any license or renewal fees thedirector determines are necessary; and

(f) Specify any other licensing provisionsthe director determines are necessary tocomply with federal law or regulations or tooperate a licensing system described in thissection. [2001 c.807 §1; 2009 c.595 §426]


426.450 [1971 c.622 §6; renumbered 430.397 in 1995]426.460 [1971 c.622 §7; 1973 c.795 §3; 1979 c.744 §22;

1981 c.809 §1; 1985 c.565 §68; renumbered 430.399 in 1995]426.470 [1971 c.622 §8; renumbered 430.401 in 1995]

COMMUNITY INTEGRATION OFPERSONS WITH CHRONIC MENTAL

ILLNESS426.490 Policy. It is declared to be the

policy and intent of the Legislative Assemblythat the State of Oregon shall assist in im-proving the quality of life of persons withchronic mental illness within this state byensuring the availability of an appropriaterange of residential opportunities and relatedsupport services. [1979 c.784 §1; 2007 c.70 §207]

Note: 426.490 to 426.500 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 426 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

426.495 Definitions for ORS 426.490 to426.500; rules. (1) As used in ORS 426.490 to426.500, unless the context requires other-wise:

(a) “Case manager” means a person whoworks on a continuing basis with a person



with a chronic mental illness and is respon-sible for assuring the continuity of the vari-ous services called for in the discharge planof the person with a chronic mental illnessincluding services for basic personal mainte-nance, mental and personal treatment, andappropriate education and employment.

(b) “Discharge plan” means a writtenplan prepared jointly with the person with achronic mental illness, mental health staffand case manager prior to discharge, pre-scribing for the basic and special needs ofthe person upon release from the hospital.

(c) “Person with a chronic mentalillness” means an individual who is:

(A) Eighteen years of age or older; and(B) Diagnosed by a psychiatrist, a li-

censed clinical psychologist, a licensed inde-pendent practitioner as defined in ORS426.005 or a nonmedical examiner certifiedby the Oregon Health Authority or the De-partment of Human Services as havingchronic schizophrenia, a chronic majoraffective disorder, a chronic paranoid disor-der or another chronic psychotic mental dis-order other than those caused by substanceabuse.

(2) For purposes of providing services inthe community, the authority may adoptrules consistent with accepted professionalpractices in the fields of psychology and psy-chiatry to specify other criteria for deter-mining who is a person with a chronicmental illness. [1979 c.784 §2; 1987 c.903 §35; 2007c.70 §208; 2009 c.595 §427; 2011 c.720 §164; 2015 c.461 §20]


426.500 Powers and duties of OregonHealth Authority; rules. For the purposeof carrying out the policy and intent of ORS426.490 to 426.500, the Oregon Health Au-thority shall:

(1) Adopt rules for the administration ofORS 426.490 to 426.500;

(2) Prepare a written discharge plan foreach person with a chronic mental illnesswho is a patient at a state hospital or whois committed to the authority pursuant toORS 426.005 to 426.223 and 426.241 to426.380;

(3) Ensure that case managers are pro-vided for each person with a chronic mentalillness described in subsection (2) of thissection; and

(4) Disburse from any available funds:(a) Funds for one LINC model in the area

served by F. H. Dammasch State Hospitaland one LINC model in the area served bythe Oregon State Hospital licensed underORS 443.415;

(b) Discretionary funds for services nec-essary to implement a discharge plan, in-

cluding but not limited to transportation,medication, recreation and socialization; and

(c) Funds to provide day treatment ser-vices, community psychiatric inpatient ser-vices, and work activity services for personswith chronic mental illness when needed.[1979 c.784 §3; 1999 c.59 §121; 2007 c.70 §209; 2009 c.595§428; 2013 c.360 §67]


426.502 Definitions for ORS 426.502 to426.508. As used in ORS 426.502 to 426.508:

(1) “Authority” means the Oregon HealthAuthority.

(2) “Community housing” means propertyand related equipment that are used or couldbe used to house persons with chronic men-tal illness and their care providers. “Com-munity housing” includes single-familyhousing and multiple-unit residential hous-ing.

(3) “Construct” means to build, install,assemble, expand, alter, convert, replace orrelocate. “Construct” includes to installequipment and to prepare a site.

(4) “Equipment” means furnishings, fix-tures or appliances that are used or could beused to provide care in community housing.

(5) “Multiple-unit residential housing”means housing that provides two or moreliving units and spaces for common use bythe occupants in social and recreational ac-tivities. “Multiple-unit residential housing”may include nonhousing facilities incidentalor appurtenant to the housing that, in thedetermination of the authority, improve thequality of the housing.

(6) “Person with a chronic mentalillness” has the meaning given that term inORS 426.495.

(7) “Single-family housing” means a de-tached living unit with common living roomand dining facilities for at least three occu-pants with chronic mental illness. “Single-family housing” may include nonhousingfacilities incidental or appurtenant to thehousing that, in the determination of the au-thority, improve the quality of the housing.[1999 c.983 §2; 2005 c.11 §1; 2007 c.70 §210; 2009 c.595 §429]

426.504 Power of Oregon Health Au-thority to develop community housing forpersons with chronic mental illness; saleof community housing; conditions. (1) TheOregon Health Authority may, through con-tract or otherwise, acquire, purchase, re-ceive, hold, exchange, demolish, construct,lease, maintain, repair, replace, improve andequip community housing for the purpose ofhousing persons with chronic mental illness.

(2) The authority may dispose of commu-nity housing acquired under subsection (1)of this section in a public or private sale,



upon such terms and conditions as the au-thority considers advisable to increase thequality and quantity of community housingavailable for persons with chronic mentalillness. Except as provided in subsection (3)of this section, in any instrument conveyingfee title to community housing, the authorityshall include language that restricts the useof the community housing to housing forpersons with chronic mental illness. Suchrestriction is not a violation of ORS 93.270.

(3) If the authority determines that com-munity housing acquired under subsection (1)of this section is no longer suitable for useas community housing, the authority maysell or otherwise dispose of the communityhousing without including in any instrumentconveying fee title to the community housingany language that restricts the use of thecommunity housing. Proceeds from the saleor disposition of community housing underthis subsection are considered proceeds de-scribed in ORS 426.506 (4)(c).

(4) When exercising the power granted tothe authority under this section, the author-ity is not subject to ORS chapter 273 or ORS270.100 to 270.190, 276.900 to 276.915 or279A.250 to 279A.290. [1999 c.983 §3; 2003 c.794§281; 2005 c.11 §2; 2007 c.70 §211; 2009 c.595 §430]

426.506 Community Mental HealthHousing Fund; Community HousingTrust Account; report. (1) There is createdin the State Treasury, separate and distinctfrom the General Fund, the CommunityMental Health Housing Fund. All earningson investments of moneys in the CommunityMental Health Housing Fund shall accrue tothe fund. Interest earned on moneys in thefund shall be credited to the fund. All mon-eys in the fund are continuously appropriatedto the Oregon Health Authority to carry outthe provisions of ORS 426.504.

(2) The Community Mental Health Hous-ing Fund shall be administered by the au-thority to provide housing for persons withchronic mental illness. As used in this sub-section, “housing” may include acquisition,maintenance, repair, furnishings and equip-ment.

(3)(a) There is established within theCommunity Mental Health Housing Fund aCommunity Housing Trust Account. Withapproval of the State Treasurer and upon re-quest of the Director of the Oregon HealthAuthority, moneys in the account may be in-vested as provided in ORS 293.701 to 293.857.

(b) Notwithstanding the provisions ofORS 270.150, the authority shall deposit intothe Community Housing Trust Account theproceeds, less costs to the state, received bythe authority from the sale of F. H.Dammasch State Hospital property underORS 426.508. The authority may expend, for

the purposes set forth in ORS 426.504, anyearnings credited to the account, includingany interest earned on moneys deposited inthe account, and up to five percent of thesale proceeds initially credited to the ac-count by the Oregon Department of Admin-istrative Services. At least 95 percent of thesale proceeds shall remain in the account inperpetuity. Proceeds deposited in the accountmay not be commingled with proceeds fromthe sale of any surplus real property owned,operated or controlled by the authority andused as a state training center.

(c) Interest earned on moneys in theCommunity Housing Trust Account may beexpended in the following manner:

(A) Seventy percent of interest earned ondeposits in the account shall be expended forcommunity housing purposes; and

(B) Thirty percent of interest earned ondeposits in the account shall be expended forinstitutional housing purposes.

(d) Interest earned on deposits in theCommunity Housing Trust Account shall notbe used to support operating expenses of theauthority.

(4) The Community Mental Health Hous-ing Fund shall consist of:

(a) Moneys appropriated to the fund bythe Legislative Assembly;

(b) Sale proceeds and earnings from theaccount under subsection (3) of this section;

(c) Proceeds from the sale, transfer orlease of any surplus real property owned,operated or controlled by the authority andused as community housing;

(d) Moneys reallocated from other areasof the authority’s budget;

(e) Interest and earnings credited to thefund; and

(f) Gifts of money or other property fromany source, to be used for the purposes ofdeveloping housing for persons with chronicmental illness.

(5) The authority shall adopt policies:(a) To establish priorities for the use of

moneys in the Community Mental HealthHousing Fund for the sole purpose of devel-oping housing for persons with chronic men-tal illness;

(b) To match public and private moneysavailable from other sources for developinghousing for persons with chronic mental ill-ness; and

(c) To administer the fund in a mannerthat will not exceed the State Treasury’smaximum cost per transaction.

(6) The authority shall collaborate withthe Housing and Community Services De-



partment to ensure the highest return andbest value for community housing from theCommunity Mental Health Housing Fund.

(7) The authority shall provide a reportof revenues to and expenditures from theCommunity Mental Health Housing Fund aspart of its budget submission to the Governorand Legislative Assembly under ORS chapter291. [1999 c.983 §4; 2001 c.954 §31; 2007 c.70 §212; 2007c.217 §7; 2009 c.595 §431]

426.508 Sale of F. H. Dammasch StateHospital; fair market value; redevelop-ment of property; property reserved forcommunity housing. (1) NotwithstandingORS 421.611 to 421.630 or any actions takenunder ORS 421.611 to 421.630, the Depart-ment of Corrections shall transfer the realproperty known as the F. H. DammaschState Hospital and all improvements to theOregon Department of Administrative Ser-vices to be sold for the benefit of the OregonHealth Authority.

(2)(a) Notwithstanding ORS 270.100 to270.190, and except as provided in subsection(4) of this section, the Oregon Departmentof Administrative Services shall sell or oth-erwise convey the real property known asthe F. H. Dammasch State Hospital in amanner consistent with the provisions of thissection. Conveyance shall not include trans-fer to a state agency. The sale price of thereal property shall equal or exceed the fairmarket value of the real property. The Ore-gon Department of Administrative Servicesshall engage the services of a licensed realestate broker or principal real estate brokerto facilitate the sale of the real property.

(b) The Oregon Department of Adminis-trative Services shall retain from the sale orother conveyance of the real property thosecosts incurred by the state in selling or con-veying the real property, including costs in-curred by the Department of Corrections intransferring the real property to the OregonDepartment of Administrative Services. Theremaining proceeds from the sale or otherconveyance shall be transferred to the Com-munity Housing Trust Account created un-der ORS 426.506 (3).

(3) Redevelopment of the real propertyformerly occupied by the F. H. DammaschState Hospital shall be consistent with theDammasch Area Transportation EfficientLand Use Plan developed by ClackamasCounty, the City of Wilsonville, the OregonDepartment of Administrative Services, theDepartment of Land Conservation and De-velopment, the Department of Transporta-tion, the Oregon Housing Stability Council,the Oregon Health Authority and the De-partment of State Lands.

(4) The Oregon Department of Adminis-trative Services shall reserve from the sale

of the real property under subsection (2) ofthis section not more than 10 acres. The realproperty reserved from sale shall be trans-ferred to the Oregon Health Authority foruse by the authority to develop communityhousing for persons with chronic mental ill-ness. The department and the authority shalljointly coordinate with the City of Wilson-ville to identify the real property reservedfrom sale under this subsection. [1999 c.983 §5;2001 c.300 §76; 2001 c.900 §253; 2007 c.70 §213; 2009 c.595§432; 2015 c.180 §47]

SEXUALLY DANGEROUS PERSONS426.510 “Sexually dangerous person”

defined. As used in ORS 426.510 to 426.680,unless the context otherwise requires,“sexually dangerous person” means a personwho because of repeated or compulsive actsof misconduct in sexual matters, or becauseof a qualifying mental disorder, is deemedlikely to continue to perform such acts andbe a danger to other persons. [1963 c.467 §1; 1977c.377 §1; 2017 c.634 §28]

426.520 [1963 c.467 §2; repealed by 1977 c.377 §6]426.530 [1963 c.467 §3; 1971 c.743 §367; 1973 c.836

§349; repealed by 1977 c.377 §6]426.540 [1963 c.467 §4; repealed by 1977 c.377 §6]426.550 [1963 c.467 §5; repealed by 1977 c.377 §6]426.560 [1963 c.467 §6; repealed by 1977 c.377 §6]426.570 [1963 c.467 §7; 1973 c.836 §350; repealed by

1977 c.377 §6]426.580 [1963 c.467 §§8,9; 1973 c.443 §1; repealed by

1977 c.377 §6]426.590 [1963 c.467 §10; repealed by 1977 c.377 §6]426.610 [1963 c.467 §11; 1973 c.443 §2; repealed by

1977 c.377 §6]426.620 [1963 c.467 §12; repealed by 1977 c.377 §6]426.630 [1963 c.467 §13; repealed by 1977 c.377 §6]426.640 [1963 c.467 §14; 1973 c.443 §3; 1975 c.380 §8;

repealed by 1977 c.377 §6]

426.650 Voluntary admission to stateinstitution; rules. (1) Pursuant to rulespromulgated by the Oregon Health Author-ity, the superintendent of any state hospitalfor the treatment and care of persons withmental illness may admit and hospitalizetherein as a patient any person in need ofmedical or mental therapeutic treatment asa sexually dangerous person who voluntarilyhas made written application for such ad-mission. No person under the age of 18 yearsshall be admitted as a patient to any suchstate hospital unless an application thereforin behalf of the person has been executed bythe parent, adult next of kin or legal guard-ian of the person. Pursuant to rules and reg-ulations of the authority, no personvoluntarily admitted to any state hospitalshall be detained therein more than 72 hoursafter the person, if at least 18 years of age,has given notice in writing of desire to bedischarged therefrom, or, if the patient is



under the age of 18 years, after notice inwriting has been given by the parent, adultnext of kin or legal guardian of the personthat such parent, adult next of kin or legalguardian desires that such person be dis-charged therefrom.

(2) Any person voluntarily admitted to astate facility pursuant to this section mayupon application and notice to the super-intendent of the institution concerned, begranted a temporary leave of absence fromthe institution if such leave, in the opinionof the chief medical officer, will not interferewith the successful treatment or examinationof the applicant. [1963 c.467 §15; 1969 c.391 §8; 1973c.443 §4; 1973 c.827 §43; 1974 c.36 §11; 2007 c.70 §214; 2009c.595 §433]

426.660 [1963 c.467 §16; repealed by 1973 c.443 §5]

426.670 Treatment programs forsexually dangerous persons. The OregonHealth Authority hereby is directed and au-thorized to establish and operate treatmentprograms, either separately within an exist-ing state Department of Corrections institu-tion, as part of an existing program withinan Oregon Health Authority institution, orin specified and approved sites in the com-munity to receive, treat, study and retain incustody, as required, such sexually dangerouspersons as are committed under ORS 426.510to 426.670. [1963 c.467 §17; 1965 c.481 §1; 1979 c.606§1; 1987 c.320 §230; 2009 c.595 §434]

426.675 Determination of sexuallydangerous persons; custody pending sen-tencing; hearing; sentencing; rules. (1)When a defendant has been convicted of asexual offense under ORS 163.305 to 163.467or 163.525 and there is probable cause to be-lieve the defendant is a sexually dangerousperson, the court prior to imposing sentencemay continue the time for sentencing andcommit the defendant to a facility designatedunder ORS 426.670 for a period not to exceed30 days for evaluation and report.

(2) If the facility reports to the court thatthe defendant is a sexually dangerous personand that treatment available may reduce therisk of future sexual offenses, the court shallhold a hearing to determine by clear andconvincing evidence that the defendant is asexually dangerous person. The state and thedefendant shall have the right to call andcross-examine witnesses at such hearing. Thedefendant may waive the hearing required bythis subsection.

(3) If the court finds that the defendantis a sexually dangerous person and thattreatment is available which will reduce therisk of future sexual offenses, it may, in itsdiscretion at the time of sentencing:

(a) Sentence the defendant to probationon the condition that the person participatein and successfully complete a treatment

program for sexually dangerous persons pur-suant to ORS 426.670;

(b) Impose a sentence of imprisonmentwith the order that the defendant be assignedby the Director of the Department of Cor-rections to participate in a treatment pro-gram for sexually dangerous personspursuant to ORS 426.670. The Department ofCorrections and the Oregon Health Author-ity shall jointly adopt administrative rules tocoordinate assignment and treatment of pris-oners under this subsection; or

(c) Impose any other sentence authorizedby law. [1977 c.377 §3; 1979 c.606 §2; 1987 c.320 §231;1993 c.14 §24; 2009 c.595 §435]

426.680 Trial visits for probationer. (1)The superintendent of the facility designatedunder ORS 426.670 to receive commitmentsfor medical or mental therapeutic treatmentof sexually dangerous persons may grant atrial visit to a defendant committed as acondition of probation where:

(a) The trial visit is not inconsistent withthe terms and conditions of probation; and

(b) The trial visit is agreed to by thecommunity mental health program directorfor the county in which the person wouldreside.

(2) Trial visit here shall correspond totrial visit as described in ORS 426.273 to426.292 and 426.335, except that the lengthof a trial visit may be for the duration of theperiod of probation, subject to the consentof the sentencing court. [1973 c.443 §7; 1977 c.377§4; 1985 c.242 §7; 2009 c.595 §436]

426.700 [1973 c.616 §1; repealed by 1981 c.372 §2]

EXTREMELY DANGEROUS PERSONS WITH MENTAL ILLNESS

426.701 Commitment of “extremelydangerous” person with mental illness;requirements for conditional release;rules. (1) For the purposes of this sectionand ORS 426.702:

(a) A person is “extremely dangerous” ifthe person:

(A) Is at least 18 years of age;(B) Is exhibiting symptoms or behaviors

of a mental disorder substantially similar tothose that preceded the act described in sub-section (3)(a)(C) of this section; and

(C) Because of a mental disorder:(i) Presents a serious danger to the safety

of other persons by reason of an extreme riskthat the person will inflict grave or poten-tially lethal physical injury on other persons;and

(ii) Unless committed, will continue torepresent an extreme risk to the safety ofother persons in the foreseeable future.



(b) “Mental disorder” does not include:(A) A disorder manifested solely by re-

peated criminal or otherwise antisocial con-duct; or

(B) A disorder constituting solely a per-sonality disorder.

(c) A mental disorder is “resistant totreatment” if, after receiving care from a li-censed psychiatrist and exhausting all rea-sonable psychiatric treatment, or afterrefusing psychiatric treatment, the personcontinues to be significantly impaired in theperson’s ability to make competent decisionsand to be aware of and control extremelydangerous behavior.

(2)(a) A district attorney may petition thecourt to initiate commitment proceedings de-scribed in this section if there is reason tobelieve a person is an extremely dangerousperson with mental illness. The petition shallimmediately be served upon the person.

(b) The person shall be advised in writingof:

(A) The allegation that the person is anextremely dangerous person with mental ill-ness and may be committed to the jurisdic-tion of the Psychiatric Security ReviewBoard for a maximum period of 24 months;and

(B) The right to a hearing to determinewhether the person is an extremely danger-ous person with mental illness, unless theperson consents to the commitment by waiv-ing the right to a hearing in writing afterconsultation with legal counsel.

(c) A person against whom a petition de-scribed in this subsection is filed shall havethe following:

(A) The right to obtain suitable legalcounsel possessing skills and experiencecommensurate with the nature of the alle-gations and complexity of the case and, if theperson is without funds to retain legal coun-sel, the right to have the court appoint legalcounsel;

(B) The right to subpoena witnesses andto offer evidence on behalf of the person atthe hearing;

(C) The right to cross-examine any wit-nesses who appear at the hearing; and

(D) The right to examine all reports,documents and information that the courtconsiders, including the right to examine thereports, documents and information prior tothe hearing, if available.

(d) The court shall appoint an examineras described in ORS 426.110 to evaluate theperson.

(3)(a) Upon receipt of a petition filed un-der subsection (2) of this section, the court

shall schedule a hearing. At the hearing, thecourt shall order the person committed as anextremely dangerous person with mental ill-ness under the jurisdiction of the PsychiatricSecurity Review Board for a maximum of 24months if the court finds, by clear and con-vincing evidence, that:

(A) The person is extremely dangerous;(B) The person suffers from a mental dis-

order that is resistant to treatment; and(C) Because of the mental disorder that

is resistant to treatment, the person commit-ted one of the following acts:

(i) Caused the death of another person;(ii) Caused serious physical injury to an-

other person by means of a dangerousweapon;

(iii) Caused physical injury to anotherperson by means of a firearm as defined inORS 166.210 or an explosive as defined inORS 164.055;

(iv) Engaged in oral-genital contact witha child under 14 years of age;

(v) Forcibly compelled sexual intercourse,oral-genital contact or the penetration of an-other person’s anus or vagina; or

(vi) Caused a fire or explosion that dam-aged the protected property of another, asthose terms are defined in ORS 164.305, orplaced another person in danger of physicalinjury, and the fire or explosion was not theincidental result of normal and usual dailyactivities.

(b) The court shall further commit theperson to a state hospital for custody, careand treatment if the court finds, by clear andconvincing evidence, that the person cannotbe controlled in the community with propercare, medication, supervision and treatmenton conditional release.

(c) The court shall specify in the orderwhether any person who would be considereda victim as defined in ORS 131.007 of the actdescribed in paragraph (a)(C) of this subsec-tion, if the act had been criminally prose-cuted, requests notification of any order orhearing, conditional release, discharge or es-cape of the person committed under this sec-tion.

(d) The court shall be fully advised of alldrugs and other treatment known to havebeen administered to the alleged extremelydangerous person with mental illness thatmay substantially affect the ability of theperson to prepare for, or to function effec-tively at, the hearing.

(e) The provisions of ORS 40.230, 40.235,40.240, 40.250 and 179.505 do not apply to theuse of the examiner’s report and the courtmay consider the report as evidence.



(4) The findings of the court that a per-son committed an act described in subsection(3)(a)(C) of this section may not be admittedin a criminal prosecution.

(5) A person committed under this sec-tion shall remain under the jurisdiction ofthe board for a maximum of 24 months un-less the board conducts a hearing and makesthe findings described in subsection (6)(d) ofthis section.

(6)(a) The board shall hold a hearing sixmonths after the initial commitment de-scribed in subsection (3) of this section, andthereafter six months after a further com-mitment described in ORS 426.702, to deter-mine the placement of the person andwhether the person is eligible for conditionalrelease or early discharge. The board shallprovide written notice of the hearing to theperson, the person’s legal counsel and theoffice of the district attorney who filed theinitial petition under subsection (2) of thissection within a reasonable time prior to thehearing. The board shall further notify theperson of the following:

(A) The nature of the hearing and possi-ble outcomes;

(B) The right to appear at the hearingand present evidence;

(C) The right to be represented by legalcounsel and, if the person is without fundsto retain legal counsel, the right to have thecourt appoint legal counsel;

(D) The right to subpoena witnesses;(E) The right to cross-examine witnesses

who appear at the hearing; and(F) The right to examine all reports, doc-

uments and information that the board con-siders, including the right to examine thereports, documents and information prior tothe hearing if available.

(b) If the board determines at the hearingthat the person still suffers from a mentaldisorder that is resistant to treatment andcontinues to be extremely dangerous, andthat the person cannot be controlled in thecommunity with proper care, medication,supervision and treatment if conditionallyreleased, the person shall remain committedto a state hospital.

(c) If the board determines at the hearingthat the person still suffers from a mentaldisorder that is resistant to treatment andcontinues to be extremely dangerous, butfinds that the person can be controlled in thecommunity with proper care, medication,supervision and treatment if conditionallyreleased, the board shall conditionally re-lease the person.

(d) If the board determines at the hearingthat the person no longer suffers from a

mental disorder that is resistant to treatmentor is no longer extremely dangerous, theboard shall discharge the person. The dis-charge of a person committed under thissection does not preclude commitment of theperson pursuant to ORS 426.005 to 426.390.

(7)(a) At any time during the commitmentto a state hospital, the superintendent of thestate hospital may request a hearing to de-termine the status of the person’s commit-ment under the jurisdiction of the board. Therequest shall be accompanied by a reportsetting forth the facts supporting the request.If the request is for conditional release, therequest shall be accompanied by a verifiedconditional release plan. The hearing shallbe conducted as described in subsection (6)of this section.

(b) The board may make the findings de-scribed in subsection (6)(c) of this sectionand conditionally release the person withouta hearing if the office of the district attorneywho filed the initial petition under subsec-tion (2) of this section does not object to theconditional release.

(c) At any time during conditional re-lease, a state or local mental health facilityproviding treatment to the person may re-quest a hearing to determine the status ofthe person’s commitment under the jurisdic-tion of the board. The hearing shall be con-ducted as described in subsection (6) of thissection.

(8)(a) If the board orders the conditionalrelease of a person under subsection (6)(c) ofthis section, the board shall order conditionsof release that may include a requirement toreport to any state or local mental healthfacility for evaluation. The board may furtherrequire cooperation with, and acceptance of,psychiatric or psychological treatment fromthe facility. Conditions of release may bemodified by the board from time to time.

(b) When a person is referred to a stateor local mental health facility for an evalu-ation under this subsection, the facility shallperform the evaluation and submit a writtenreport of its findings to the board. If the fa-cility finds that treatment of the person isappropriate, the facility shall include its rec-ommendations for treatment in the report tothe board.

(c) Whenever treatment is provided tothe person by a state or local mental healthfacility under this subsection, the facilityshall furnish reports to the board on a regu-lar basis concerning the progress of the per-son.

(d) Copies of all reports submitted to theboard pursuant to this subsection shall befurnished to the person and to the person’slegal counsel, if applicable. The confidential-



ity of these reports is determined pursuantto ORS 192.338, 192.345 and 192.355.

(e) The state or local mental health fa-cility providing treatment to the person un-der this subsection shall comply with theconditional release order and any modifica-tions of the conditions ordered by the board.

(9)(a) If at any time while the person isconditionally released it appears that theperson has violated the terms of the condi-tional release, the board may order the per-son returned to a state hospital forevaluation or treatment. A written order ofthe board is sufficient warrant for any lawenforcement officer to take the person intocustody. A sheriff, municipal police officer,parole or probation officer or other peace of-ficer shall execute the order, and the personshall be returned to the state hospital assoon as practicable.

(b) The director of a state or local mentalhealth facility providing treatment to a per-son under subsection (8) of this section mayrequest that the board issue a written orderfor a person on conditional release to betaken into custody if there is reason to be-lieve that the person can no longer be con-trolled in the community with proper care,medication, supervision and treatment.

(c) Within 30 days following the returnof the person to a state hospital, the boardshall conduct a hearing to determine if, by apreponderance of the evidence, the person isno longer fit for conditional release. Theboard shall provide written notice of thehearing to the person, the person’s legalcounsel and the office of the district attorneywho filed the initial petition under subsec-tion (2) of this section within a reasonabletime prior to the hearing. The notice shalladvise the person of the nature of the hear-ing, the right to have the court appoint legalcounsel and the right to subpoena witnesses,examine documents considered by the boardand cross-examine all witnesses who appearat the hearing.

(10)(a) If the person had unadjudicatedcriminal charges at the time of the person’sinitial commitment under this section andthe state hospital or the state or local mentalhealth facility providing treatment to theperson intends to recommend discharge ofthe person at an upcoming hearing, the su-perintendent of the state hospital or the di-rector of the facility shall provide writtennotice to the board and the district attorneyof the county where the criminal chargeswere initiated of the discharge recommen-dation at least 45 days before the hearing.The notice shall be accompanied by a reportdescribing the person’s diagnosis and thetreatment the person has received.

(b) Upon receiving the notice describedin this subsection, the district attorney mayrequest an order from the court in thecounty where the criminal charges were ini-tiated for an evaluation to determine if theperson is fit to proceed in the criminal pro-ceeding. The court may order the state hos-pital or the state or local mental healthfacility providing treatment to the person toperform the evaluation. The hospital or fa-cility shall provide copies of the evaluationto the district attorney, the person and theperson’s legal counsel, if applicable.

(c) The person committed under this sec-tion may not waive an evaluation ordered bythe court to determine if the person is fit toproceed with the criminal proceeding as de-scribed in this subsection.

(11) The board shall make reasonable ef-forts to notify any person described in sub-section (3)(c) of this section of any order orhearing, conditional release, discharge or es-cape of the person committed under this sec-tion.

(12) The board shall adopt rules to carryout the provisions of this section and ORS426.702.

(13) Any time limitation described inORS 131.125 to 131.155 does not run duringa commitment described in this section or afurther commitment described in ORS426.702. [2013 c.715 §2; 2013 c.715 §13]

426.702 Discharge from commitmentof extremely dangerous person withmental illness; requirements for furthercommitment; protest and hearing. (1)(a)At the end of the 24-month period of com-mitment described in ORS 426.701, any per-son who remains committed under thejurisdiction of the Psychiatric Security Re-view Board shall be discharged, unless theboard certifies to the court in the countywhere the state hospital or state or localmental health facility providing treatment tothe person is located that the person is stillextremely dangerous and suffers from amental disorder that is resistant to treat-ment. The board, pursuant to its rules, maydelegate to the superintendent of the statehospital or the director of the state or localmental health facility providing treatment tothe person the responsibility for making thecertification. If the certification is made, theperson will not be released.

(b) The board may additionally certifythat the person cannot be controlled in thecommunity with proper care, medication,supervision and treatment on conditional re-lease and must be committed to a state hos-pital. The board, pursuant to its rules, maydelegate to the superintendent of the statehospital or the director of the state or local



mental health facility providing treatment tothe person the responsibility for making theadditional certification.

(2) The certification shall immediately beserved upon the person by the superinten-dent of the state hospital or the director ofthe state or local mental health facility pro-viding treatment to the person. The super-intendent or director shall inform the courtin writing that service has been made andthe date thereof.

(3) The certification shall advise the per-son of all the following:

(a) That the board, hospital or facilityhas requested that commitment be continuedfor an additional 24 months.

(b) That the person may protest this fur-ther commitment within 14 days, and that, ifthe person does not protest, the commitmentwill be continued for a maximum of 24months.

(c) That the person may consult with le-gal counsel when deciding whether to protestthe further commitment and that legal coun-sel will be provided for the person withoutcost if the person is without funds to retainlegal counsel.

(d) That the person may protest a furtherperiod of commitment either orally or inwriting by signing the form accompanyingthe certification.

(e) That if the person does protest a fur-ther period of commitment, the person is en-titled to a hearing before the court todetermine whether commitment should becontinued.

(f) That the person is entitled to have apsychologist or psychiatrist, other than amember of the staff at the facility where theperson is being treated, examine the personand report to the court the results of theexamination at the hearing.

(g) That the person may subpoena wit-nesses and offer evidence on behalf of theperson at the hearing.

(h) That if the person is without funds toretain legal counsel or an examining psy-chologist or psychiatrist for the hearing, thecourt will appoint legal counsel or an exam-ining psychologist or psychiatrist.

(4) The person serving the certificationshall read and deliver the certification to theperson and ask whether the person protestsa further period of commitment. The personmay protest a further period of commitmentand request a hearing either orally or bysigning a simple protest form to be given tothe person with the certification. If the per-son does not protest a further period of com-mitment within 14 days of service of thecertification, the board, hospital or facility

shall so notify the court, and the court shall,without further hearing, order the commit-ment of the person to the jurisdiction of theboard for a maximum of 24 months. Thecourt shall further order that the person becommitted to a state hospital if a certifica-tion under subsection (1)(b) of this sectionhas been made.

(5) When the person protests a furtherperiod of commitment and requests a hear-ing, the board, hospital or facility shall im-mediately notify the court, and the courtshall have the person brought before it andshall again advise the person that the board,hospital or facility has requested that com-mitment be continued for an additional pe-riod of time and that if the person does notprotest this commitment the commitmentwill be continued for a maximum of 24months. The person shall also be informed ofthe rights set forth in subsection (3) of thissection.

(6) If the person requests a hearing undersubsections (4) and (5) of this section, thefollowing provisions apply as described:

(a) The hearing shall be conducted aspromptly as possible and at a time and placeas the court may direct.

(b) If the person requests a continuancein order to prepare for the hearing or to ob-tain legal counsel to represent the person,the court may grant postponement and de-tention during postponement as described inORS 426.095 (2)(c).

(c) The person has the right to represen-tation by or appointment of legal counselsubject to ORS 135.055, 151.216 and 151.219.

(d) If the person requests an examinationby a psychologist or psychiatrist and iswithout funds to retain a psychologist orpsychiatrist for purposes of the examination,the court shall appoint a psychologist orpsychiatrist, other than a member of the stafffrom the facility where the person is beingtreated, to examine the person at no expenseto the person and to report to the court theresults of the examination.

(e) The provisions of ORS 40.230, 40.235,40.240, 40.250 and 179.505 do not apply to theuse of medical records from the current pe-riod of commitment or to testimony relatedto such records or period of commitment inconnection with hearings under this section.The court may consider as evidence such re-ports and testimony.

(f) The court shall then conduct a hear-ing. The court may take judicial notice of thefindings regarding the act described in ORS426.701 (3)(a)(C) made by the court at the in-itial commitment. If, after hearing the evi-dence and reviewing the recommendations ofthe board and the state hospital or the state



or local mental health facility providingtreatment to the person, in the opinion of thecourt the person is still extremely dangerousand suffering from a mental disorder that isresistant to treatment by clear and convinc-ing evidence, the court may order commit-ment to the jurisdiction of the board for anadditional maximum of 24 months. The courtshall further commit the person to a statehospital for custody, care and treatment ifthe court finds, by clear and convincing evi-dence, that the person cannot be controlledin the community with proper care, medica-tion, supervision and treatment on condi-tional release.

(g) At the end of the 24-month period, theperson shall be discharged unless the board,hospital or facility again certifies to thecommitting court that the person is still anextremely dangerous person with mental ill-

ness and in need of further treatment, inwhich event the procedures set forth in thissection shall be followed. [2013 c.715 §3; 2013 c.715§14]

426.705 [1973 c.616 §2; repealed by 1981 c.372 §2]426.710 [1973 c.616 §6; repealed by 1981 c.372 §2]426.715 [1973 c.616 §7; repealed by 1981 c.372 §2]426.720 [1973 c.616 §8; repealed by 1981 c.372 §2]426.725 [1973 c.616 §9; repealed by 1981 c.372 §2]426.730 [1973 c.616 §10; repealed by 1981 c.372 §2]426.735 [1973 c.616 §11; repealed by 1981 c.372 §2]426.740 [1973 c.616 §12; repealed by 1981 c.372 §2]426.745 [1973 c.616 §§13,14,15; repealed by 1981 c.372

§2]426.750 [1973 c.616 §3; repealed by 1981 c.372 §2]426.755 [1973 c.616 §4; repealed by 1981 c.372 §2]426.760 [1977 c.148 §5; repealed by 1981 c.372 §2]


title 35 mental health and developmental disabilities

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