TITLE 35 MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES ... · MENTAL HEALTH; ALCOHOL AND DRUG ABUSE 426.231 Physician hold; when authorized; state-ment required 426.232 Physician emergency

TITLE 35

MENTAL HEALTH AND DEVELOPMENTALDISABILITIES; ALCOHOL AND DRUG ABUSE

Chapter 426. Persons With Mental Illness; Sexually Dangerous Persons427. Persons With Mental Retardation; Persons With Developmental

Disabilities428. Nonresident Persons With Mental Disabilities430. Administration; Alcohol and Drug Abuse Programs

Chapter 426

2007 EDITION

Persons With Mental Illness; Sexually Dangerous Persons

PERSONS WITH MENTAL ILLNESS

(Definitions)426.005 Definitions for ORS 426.005 to 426.390

(Hospitals)426.010 State hospitals for mentally ill persons426.020 Superintendent; chief medical officer426.060 Commitment to Department of Human

Services; authority of department to di-rect placement; transfer authority; deleg-ation

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

mendation to court; citation426.072 Custody; care; responsibilities of treating

physician; 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; evidence426.125 Qualifications and requirements for con-

ditional release426.127 Outpatient commitment

426.130 Court determination of mental illness;discharge; release for voluntary treat-ment; conditional release; commitment;prohibition relating to firearms; period ofcommitment

426.135 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 Record of proceedings426.170 Delivery of certified copy of record

(Emergency and Voluntary Admissions)426.180 Emergency commitment of certain Native

Americans426.190 Admission on emergency commitment426.200 Duties following emergency admission;

application for voluntary admission; courtcommitment

426.210 Limit of detention after commitment inemergency proceedings

426.217 Change of status of committed patient tovoluntary patient; effect of change

426.220 Voluntary admission; leave of absence;notice to parent or guardian

426.223 Retaking persons in custody of or com-mitted to department; assistance of peaceofficers and others

426.225 Voluntary admission to state hospital ofcommitted person; examination by physi-cian

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

other persons; transporting to facility; re-ports; examination of person

Title 35 Page 1 (2007 Edition)

MENTAL HEALTH; ALCOHOL AND DRUG ABUSE

426.231 Physician hold; when authorized; state-ment required

426.232 Physician emergency admission; notice;limit of hold

426.233 Authority of community mental healthand developmental disabilities programdirector and of other persons; costs oftransportation

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 and developmentaldisabilities program director; certificationfor 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 patients; application for

public assistance426.301 Release of committed patient; certifica-

tion of continued mental illness; serviceof certificate; 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 in case of non-

resident patients426.320 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

PERSONS WITH CHRONIC MENTALILLNESS

(Generally)426.490 Policy426.495 Definitions for ORS 426.490 to 426.500; rules426.500 Powers and duties of Department of Hu-

man Services; rules

(Community Housing)426.502 Definitions for ORS 426.502 to 426.508426.504 Authority of department to develop com-

munity housing for persons with chronicmental illness; sale of community hous-ing; 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


MENTALLY ILL AND SEXUALLY DANGEROUS PERSONS 426.060

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) “Department” means the Departmentof Human Services.

(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 department de-termines suitable, any of which may providediagnosis and evaluation, medical care,detoxification, social services or rehabili-tation for committed mentally ill persons.

(d) “Mentally ill person” means a personwho, because of a mental disorder, is one ormore of the following:

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

needs and is not receiving such care as isnecessary for health or safety.

(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 departmentunder ORS 426.060;

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

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

(f) “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 healthand developmental disabilities program di-rector, director of the facility, superintendentof a state hospital or administrator of a fa-cility is referred to, the reference includesany designee such person has designated toact on the person′s behalf in the exercise ofduties. [1961 c.706 §25; 1973 c.838 §1; 1987 c.903 §5; 1989c.993 §3; 1993 c.484 §11; 2001 c.900 §125; 2007 c.70 §203]

(Hospitals)426.010 State hospitals for mentally ill

persons. Except as otherwise ordered by theDepartment of Human Services pursuant toORS 179.325, the Oregon State Hospital inSalem, Marion County, and the Blue Moun-tain Recovery Center in Pendleton, UmatillaCounty, shall be used as state hospitals forthe care and treatment of mentally ill per-sons who are assigned to the care of suchinstitutions by the department or who havepreviously been committed to such insti-tutions. [Amended by 1955 c.651 §3; 1965 c.339 §23;1965 c.595 §2; 1983 c.505 §1; 1999 c.983 §6; 2007 c.14 §1]

426.020 Superintendent; chief medicalofficer. The superintendent of a hospital re-ferred to in ORS 426.010 shall be a personthe Department of Human Services considersqualified to administer the hospital. If thesuperintendent of any hospital is a physicianlicensed by the Oregon Medical Board, thesuperintendent shall serve as chief medicalofficer. If the superintendent is not a physi-cian, the Director of Human Services or thedesignee of the director shall appoint a phy-sician to serve as chief medical officer whoshall be in the unclassified service. [Amendedby 1955 c.651 §4; 1969 c.391 §1; 1973 c.807 §2; 1987 c.158§76; 2003 c.14 §234; 2007 c.71 §116]

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

426.060 Commitment to Departmentof Human Services; authority of depart-ment to direct placement; transfer au-thority; delegation. (1) Commitments to theDepartment of Human Services shall bemade only by the judge of a circuit court ina county of this state.

(2) The following is a nonexclusive listof powers the department 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 department, thedepartment may direct any court-committedperson to the facility best able to treat theperson. The authority of the department onsuch matters shall be final.

(b) At any time, for good cause and inthe best interest of the mentally ill person,the department may transfer a committed


426.070 MENTAL HEALTH; ALCOHOL AND DRUG ABUSE

person from one facility to another. Whentransferring a person under this paragraph,the department 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 department;

(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 mentally ill person, thedepartment may transfer a person receivingemergency care and treatment under ORS426.070 or 426.228 to 426.235, or intensivetreatment under ORS 426.237, between hos-pitals and nonhospital facilities approved bythe department to provide emergency care ortreatment as defined by rule of the depart-ment.

(d) Pursuant to its rules, the departmentmay delegate to a community mental healthand developmental disabilities program di-rector the responsibility for assignment ofmentally ill persons to suitable facilities ortransfer between such facilities under condi-tions which the department 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]

(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 county 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 and developmental disabilitiesprogram director or a designee of the direc-tor in the county where the allegedly men-tally ill person resides;

(c) It must state that a person within thecounty other than the person giving the no-tice is a mentally ill person and is in needof 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 and developmentaldisabilities program director, or designee ofthe 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 Department ofHuman Services if commitment is proposedbecause the person appears to be a mentallyill person, as defined in ORS 426.005 (1)(d)(C).When such notice is received, the depart-ment may verify, to the extent known by thedepartment, whether or not the person meetsthe criteria described in ORS 426.005(1)(d)(C)(i) and (ii) and so inform the commu-nity mental health and developmental disa-bilities 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 mentally ill person.

(4) Upon completion, a recommendationbased upon the investigation report underORS 426.074 shall be promptly submitted tothe court. If the community mental healthand developmental disabilities program di-rector determines that probable cause doesnot exist to believe that a person releasedfrom detention under ORS 426.234 (2)(c) or(3)(b) is a mentally ill person, the communitymental health and developmental disabilitiesprogram director shall not submit a recom-mendation to the court.

(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 mentally ill person, it shall, through theissuance of a citation as provided in ORS426.090, cause the person to be brought be-fore it at a time and place as it may direct,for a hearing under ORS 426.095 to deter-mine whether the person is mentally ill. Theperson shall be given the opportunity to ap-



pear voluntarily at the hearing unless theperson fails to appear or unless the person isdetained pursuant to paragraph (b) of thissubsection.

(b)(A) The judge may cause the allegedlymentally ill person to be taken into custodypending the investigation or hearing by issu-ing a warrant of detention under this sub-section. A judge may only issue a warrantunder this subsection if the court finds thatthere is probable cause to believe that failureto take the person into custody would poseserious harm or danger to the person or toothers.

(B) To cause the custody of a person un-der this paragraph, the judge must issue awarrant of detention to the community men-tal health and developmental disabilities pro-gram director or designee, the sheriff of thecounty or designee, directing that person totake the allegedly mentally ill person intocustody and produce the person at the timeand place stated in the warrant.

(C) At the time the person is taken intocustody, the person shall be informed by thecommunity mental health and developmentaldisabilities program director, the sheriff or adesignee 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 and developmental disabilitiesprogram director, sheriff or designee reason-ably suspects that the person is a foreignnational, to communicate with an officialfrom the consulate of the person′s country.A community mental health and devel-opmental disabilities program director, sher-iff or designee is not civilly or criminallyliable for failure to provide the informationrequired by this sub-subparagraph. Failure toprovide the information required by this sub-subparagraph does not in itself constitutegrounds for the exclusion of evidence thatwould otherwise be admissible in a proceed-ing.

(D) 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]

426.072 Custody; care; responsibilitiesof treating physician; rules. (1) A hospitalor nonhospital facility and a treating physi-

cian must comply with the following whenan allegedly mentally ill person 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 person authorized under ORS426.233; or

(c) By a physician under ORS 426.232.(2) In circumstances described under

subsection (1) of this section, the hospital ornonhospital facility and treating physicianmust comply with the following:

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

(b) The treating physician shall reportany care, custody and treatment to the courtas required in ORS 426.075;

(c) All methods of treatment, includingthe prescription and administration of drugs,shall be the sole responsibility of the treatingphysician. However, the person shall not besubject to electroshock therapy or undulyhazardous treatment and shall receive usualand customary treatment in accordance withmedical standards in the community;

(d) The treating physician shall be noti-fied immediately of any use of mechanicalrestraints on the person. Every use of a me-chanical restraint and the reasons thereforshall be made a part of the clinical recordof the person over the signature of thetreating physician; and

(e) The treating physician shall give theperson the warning under ORS 426.123 attimes the treating physician determines theperson will reasonably understand the notice.This paragraph only requires the notice tobe given as often as the physician determinesis necessary to assure that the person isgiven an opportunity to be aware of the no-tice.

(3) The Department of Human Servicesshall adopt rules necessary to carry out thissection, including rules regarding the con-tent of the medical record compiled duringthe current period of custody. [1987 c.903 §9;1993 c.484 §13; 1997 c.531 §1]

426.074 Investigation; procedure; con-tent; report. The following is applicable toan investigation initiated by a communitymental health and developmental disabilitiesprogram director, or a designee of the direc-tor, as part of commitment procedures underORS 426.070 and 426.228 to 426.235:

(1) If the allegedly mentally ill person isheld in custody before the hearing the inves-tigation shall be completed at least 24 hoursbefore the hearing under ORS 426.095, oth-



erwise the investigation shall comply withthe following time schedule:

(a) If the allegedly mentally ill personcan be located, the investigator shall contactthe person within three judicial days fromthe date the community mental health anddevelopmental disabilities program directoror a designee receives a notice under ORS426.070 alleging that the person is mentallyill.

(b) Within 15 days from the date thecommunity mental health and developmentaldisabilities program director or a designeereceives a notice under ORS 426.070 allegingthat a person is mentally ill, one of the fol-lowing 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 anddevelopmental disabilities program director,a designee or the investigator may file for anextension of the time under paragraph (b) ofthis subsection only if one of the followingoccurs:

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

(B) The allegedly mentally ill personcannot 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 allegedly mentally illperson in the home of the person or otherplace familiar to the person.

(b) Whether or not the allegedly mentallyill person consents, the investigation shouldinclude interviews with any persons that theinvestigator has probable cause to believehave pertinent information regarding the in-vestigation. If the allegedly mentally ill per-son objects to the contact with any person,the objection shall be noted in the investi-gator′s report.

(c) The investigator shall be allowed ac-cess to physicians, nurses or social workersand to medical records compiled during thecurrent involuntary prehearing period of de-tention to determine probable cause and todevelop alternatives to commitment. If com-mitment is proposed because the person ap-

pears to be a mentally ill person as definedin ORS 426.005 (1)(d)(C), the investigatorshall be allowed access to medical recordsnecessary to verify the existence of criteriadescribed in ORS 426.005 (1)(d)(C). The in-vestigator shall include pertinent parts of themedical record in the investigation report.Records and communications described inthis paragraph and communications relatedthereto are not privileged under ORS 40.230,40.235, 40.240 or 40.250.

(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 allegedly mentally ill personand to that person′s counsel. Copies shalllikewise be provided to counsel assisting thecourt, to the examiners and to the court foruse in questioning witnesses. [1987 c.903 §10;1989 c.993 §5; 1993 c.484 §14; 1997 c.649 §1]

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 hearingunder 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 allegedly mentallyill person that may substantially affect theability of the person to prepare for or func-tion effectively at the hearing. The followingshall advise the court as required by thissubsection:

(a) When not otherwise provided by par-agraph (b) of this subsection, the communitymental health and developmental disabilitiesprogram 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 physician.

(2) The court shall appoint examinersunder ORS 426.110 sufficiently long beforethe hearing so that they may begin theirpreparation for the hearing. The records es-tablished by the Department of Human Ser-vices 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 allegedly mentally ill person re-lating to the detention period prior to thehearing.

(3) The medical record described in sub-section (2) of this section shall be madeavailable to counsel for the allegedly men-tally ill person at least 24 hours prior to thehearing.



(4) When requested by a party to the ac-tion, the party′s attorney shall subpoenaphysicians who are or have been treating theallegedly mentally ill person. Any treatingphysician subpoenaed under this subsectionshall be subpoenaed as an expert witness.[1973 c.838 §8; 1975 c.690 §3; 1979 c.408 §2; 1987 c.903 §12;1989 c.189 §1; 1993 c.484 §15]

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 cause a citation to issue to theallegedly mentally ill person stating the na-ture of the information filed concerning theperson and the specific reasons the person isbelieved to be mentally ill. The citation shallfurther contain a notice of the time andplace of the commitment hearing, the rightto legal counsel, the right to have legalcounsel appointed if the person is unable toafford legal counsel, and, if requested, tohave 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]

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 allegedlymentally ill person.

(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 or 426.233 and the hearing ispostponed under this paragraph, the court,for good cause, may allow the person to bedetained during the postponement if thepostponement is requested by the person orthe legal counsel of the person. Any of thefollowing may request a postponement underthis paragraph:

(A) The allegedly mentally ill person.(B) The legal counsel or guardian of the

allegedly mentally ill person.(C) The person representing the state′s

interest.(3) The allegedly mentally ill person and

the person representing the state′s interestshall have the right to cross-examine all thefollowing:

(a) Witnesses.(b) The person conducting the investi-

gation.(c) The examining physicians or other

qualified persons recommended by the De-partment of Human Services who have ex-amined 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 persons are produced as witnesses atthe hearing available for cross-examination.

(c) The testimony of any treating physi-cians, nurses or social workers for the pre-hearing period of detention. Any treatingphysician, 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 allegedly mentally ill person.

(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 allegedlymentally ill person or counsel for theallegedly mentally ill person. [1973 c.838 §9; 1975c.690 §5; 1987 c.903 §13; 1993 c.484 §16; 1997 c.649 §2]

426.100 Advice of court; appointmentof legal counsel; costs; representation ofstate′s interest. (1) At the time theallegedly mentally ill person is brought be-fore 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 allegedly mentally illpersons in each of the following circum-stances:

(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, an allegedly mentally ill per-son has the following rights relating to rep-resentation by or appointment of counsel:

(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 a personis appointed counsel at state expense, pay-ment of expenses and compensation relatingto legal counsel shall be made as providedunder ORS 426.250.

(c) If the allegedly mentally ill persondoes not request legal counsel, the legalguardian, relative or friend may request theassistance of suitable legal counsel on behalfof 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 tohave 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]



426.110 Appointment of examiners;qualifications; costs. The following re-quirements relating to the appointment ofexaminers for purposes of a hearing underORS 426.095 apply as described:

(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 allegedly mentally ill personor the attorney for the allegedly mentally illperson.

(2) To be qualified for purposes of thissection, an examiner must meet all of thefollowing qualifications:

(a) The person must agree to be an ex-aminer.

(b) The person must be one of the fol-lowing:

(A) A physician licensed by the OregonMedical Board who is competent to practicepsychiatry as provided by the Department ofHuman Services by rule.

(B) Certified as a mental health examinerqualified to make examinations for involun-tary commitment proceedings by the depart-ment. The department has authority toestablish, by rule, requirements for certifica-tion as a mental health examiner for pur-poses of this subparagraph.

(3) 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]

426.120 Examination report; rules. (1)Persons appointed under ORS 426.110 toconduct the examination shall do the follow-ing:

(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; and

(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 examining persons find, andshow by their reports, that the person exam-ined is a mentally ill person, the reportsshall include a recommendation as to thetype of treatment facility best calculated tohelp the person recover from mental illness.

(b) Each report shall also advise thecourt whether in the opinion of the examinerthe mentally ill person would cooperate withand benefit from a program of voluntarytreatment.

(c) Reports shall contain the informationrequired by the Department of Human Ser-vices by rule. The department shall adoptrules necessary to carry out this paragraph.

(3) The examiner shall be allowed accessto physicians, nurses or social workers andto medical records compiled during the cur-rent involuntary prehearing period of de-tention and the investigation report. Recordsand communications described in this sub-section and communications related theretoare not privileged under ORS 40.230, 40.235,40.240 or 40.250. [Amended by 1973 c.838 §11; 1975c.690 §7; 1987 c.903 §16; 1997 c.649 §3]

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 mentally ill per-son.

(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]

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 mentally ill person.

(b) The person requesting the conditionalrelease requests to be allowed to care for thementally ill person during the period of com-mitment in a place satisfactory to the judge.

(c) The person requesting the release es-tablishes all of the following to the satisfac-tion of the court:

(A) Ability to care for the mentally illperson.

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



(2) If the court determines to allow con-ditional release, the court shall order thatthe mentally ill person be conditionally re-leased and placed in the care of the re-quester. The court shall establish any termsand conditions on the conditional releasethat the court determines appropriate.

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

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

(1) The Department of Human Servicesmay only place a person in an outpatientcommitment if an adequate treatment facilityis available.

(2) Conditions for the outpatient commit-ment shall be set at the time of the hearingunder ORS 426.095 by the community mentalhealth and developmental disabilities pro-gram director, or a designee for the director,for the county in which the hearing takesplace. The conditions shall include, but notbe 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 persons described in ORS426.278.

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

(5) The community mental health anddevelopmental disabilities program directoror designee, for the county where a personis on outpatient commitment, may modify theconditions for outpatient commitment whena modification is in the best interest of theperson. The community mental health anddevelopmental disabilities program directoror designee shall send notification of suchchanges and the reasons for the changes toall those who received a copy of the originalconditions under ORS 426.278. [1987 c.903 §19;1989 c.171 §52; 2003 c.14 §236]

426.130 Court determination of mentalillness; discharge; release for voluntarytreatment; conditional release; commit-ment; prohibition relating to firearms;period of commitment. (1) After hearing allof the evidence, and reviewing the findingsof the examining persons, the court shall de-termine whether the person is mentally ill.If, in the opinion of the court, the person is:

(a) Not mentally ill, the person shall bedischarged forthwith.

(b) Mentally ill based upon clear andconvincing evidence, the court:

(A) Shall order the release of the indi-vidual and dismiss the case if:

(i) The mentally ill person is willing andable to participate in treatment on a volun-tary 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 indi-vidual to the Department of Human Servicesfor treatment if, in the opinion of the court,subparagraph (A) or (B) of this paragraph isnot in the best interest of the mentally illperson. If the court orders commitment un-der this subparagraph:

(i) The court shall establish a period ofcommitment.

(ii) The department may place the com-mitted person in outpatient commitment un-der ORS 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 the per-son′s mental or psychological state as dem-onstrated by past behavior or participation inincidents involving unlawful violence orthreats of unlawful violence, or by reason ofa single incident of extreme, violent, unlaw-ful conduct. When a court makes an orderunder this subparagraph, the court shallcause a copy of the order to be delivered tothe sheriff of the county who will enter theinformation into the Law Enforcement DataSystem.

(2) A court that orders a conditional re-lease or a commitment under this sectionshall establish a period of commitment forthe person subject to the order. Any periodof commitment ordered for commitment orconditional release under this section shallbe for a period of time not to exceed 180days.

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



426.135 Counsel on appeal; costs ofappeal. If a person determined to be men-tally ill as provided in ORS 426.130 appealsthe determination or disposition basedthereon, and is determined to be financiallyeligible for appointed counsel at state ex-pense, upon request of the person or upon itsown motion, the court shall appoint suitablelegal counsel to represent the person. Thecompensation for legal counsel and costs andexpenses necessary to the appeal shall bedetermined and paid by the public defenseservices executive director as provided inORS 135.055 if the circuit court is the appel-late court or as provided in ORS 138.500 ifthe Court of Appeals or Supreme Court isthe appellate court. The compensation, costsand expenses shall be paid as provided inORS 138.500. [1979 c.867 §12; 1981 s.s. c.3 §134; 1985c.502 §25; 2001 c.962 §58]

426.140 Place of confinement; attend-ant. (1) No person, not incarcerated upon acriminal charge, who has been adjudged amentally ill person or one against whomcommitment proceedings have been insti-tuted shall be confined in any prison, jail orother enclosure where those charged with acrime or a violation of a municipal ordinanceare incarcerated, unless the person repres-ents an immediate and serious danger to staffor physical facilities of a hospital or otherfacility approved by the Department of Hu-man Services for the care, custody andtreatment of the person.

(2) No allegedly mentally ill person whohas been taken into custody shall be con-fined, either before or after the commitmenthearing, without an attendant in directcharge of the person; and, if not confined ina community hospital, the sheriff or commu-nity mental health and developmental disa-bilities program director having the personin custody shall select some suitable personto act as attendant in quarters suitable forthe comfortable, safe and humane confine-ment of the person and approved by the de-partment. [Amended by 1973 c.838 §23; 1975 c.690 §9;1977 c.764 §1]

426.150 Transportation to treatmentfacility. (1) Upon receipt of the order ofcommitment, the Department of Human Ser-vices or its designee shall take the mentallyill person into its custody, and insure thesafekeeping and proper care of the personuntil delivery is made to an assigned treat-ment facility or its representative. The rep-resentative of the treating facility to whichthe person has been assigned, accompaniedby any assistants the department or its des-ignee may deem necessary, shall proceed tothe place where the person is to be deliveredinto custody, and upon demand shall be givencustody of the mentally ill person, togetherwith the certified record required by ORS

426.170. The representative shall issue ap-propriate receipts therefor and immediatelyproceed to transport the committed mentallyill person safely to the facility to which theperson has been assigned by the departmentand there make delivery of the person andthe record to the director or a designatedemployee of the facility. In taking custodyof the person, the department, its designee,or the representative of the facility has allthe powers provided by ORS 133.225 and161.255 and may require the assistance ofany peace officer or other person.

(2) The committing judge, upon approvalof the examining physicians or other quali-fied persons as recommended by the depart-ment and upon request of a guardian, friendor relative of the mentally ill person, mayauthorize the guardian, friend or relative totransport the person to the designated facil-ity when the committing judge determinesthat means of transportation would not bedetrimental to the welfare of the mentally illperson or to the public. [Amended by 1963 c.325§1; 1973 c.838 §24; 1975 c.690 §10]

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 192.502 (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 person designatedby the person, a facility or nonhospital facil-ity where the person is held shall provide thefamily member or the designee with the fol-lowing information:

(A) The person′s diagnosis;(B) The person′s prognosis;(C) The medications prescribed for the

person 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 de-scribed in subsection (1) of this section isunable to authorize disclosure as provided insubsection (5) of this section, the person re-questing information shall be provided noticeof the presence of the person described insubsection (1) of this section in any facilityor nonhospital facility. Information shall notbe provided under this paragraph if the phy-sician of the person described in subsection(1) of this section determines that it wouldnot be in the person′s best interest to providethe information or if providing the informa-tion is prohibited 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 otherperson designated by the person, of the per-son′s admission, unless the person requeststhat this information not be provided. Thefacility or nonhospital facility shall makereasonable attempts to notify the person′snext of kin, or any other person designatedby the person, of the person′s release, trans-fer, serious illness, injury or death upon re-quest of the family member or designee,unless the person requests that this informa-tion not be provided. The person shall be ad-vised by the facility or nonhospital facilitythat the person has the right to request thatthis information not be 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 furtherdisclosure 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 personwho requested information; and

(E) Any determination made by the per-son′s physician under subsection (3)(b) of thissection regarding the provision of notice ofthe presence of the person in any facility ornonhospital 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,physicians, mental health care providers orlicensed mental health professionals to pro-vide information as otherwise allowed or re-quired by law. [2001 c.481 §2]

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 therein. See Preface to OregonRevised Statutes for further explanation.

426.160 Record of proceedings. Thejudge shall cause to be recorded in the courtrecords a full account of proceedings had atall hearings and examinations conductedpursuant to ORS 426.005, 426.060 to 426.170,426.217, 426.228, 426.255 to 426.292, 426.300 to426.309, 426.335, 426.385 and 426.395, togetherwith the judgments and orders of the courtand a copy of the orders issued. The accountof the proceedings and transcripts of testi-mony if taken thereat shall be delivered tothe court clerk or court administrator whoshall cause it to be sealed and neither theaccount of the proceedings nor the transcriptof testimony if taken shall be disclosed toany person except:

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



(2) Upon request of the person subject tothe proceedings, the legal representatives, orthe attorney of the person; or

(3) Pursuant to court order. [Amended by1965 c.420 §1; 1969 c.148 §1; 1973 c.838 §21; 1993 c.223 §11;1993 c.484 §19; 1995 c.498 §3]

426.170 Delivery of certified copy ofrecord. If any person is adjudged mentallyill and ordered committed to the Departmentof Human Services, a copy of the completerecord in the case, certified to by the courtclerk or court administrator, shall be givento the health officer of the county, or to thesheriff, for delivery to the director of the fa-cility to which such mentally ill person isassigned. The record shall include the name,residence, nativity, sex and age of such men-tally ill person and all other information thatmay be required by the rules and regulationspromulgated by the department. [Amended by1973 c.838 §25; 1993 c.223 §12]

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

certain Native Americans. (1) This sectionapplies to commitments of a person from areservation for land-based tribes of NativeAmericans when, under federal law, the statedoes not have jurisdiction of commitments onthe reservation.

(2) When this section is applicable asprovided under subsection (1) of this section,a person alleged to be mentally ill by affida-vit of two other persons may be admitted toa state hospital for persons with mental ill-ness for emergency treatment, care and cus-tody, provided such affidavit includes or isaccompanied by all of the following:

(a) The circumstances constituting theemergency.

(b) Written application for admission tothe hospital, executed in duplicate.

(c) A certificate to the effect that theperson is so mentally ill as to be in need ofimmediate hospitalization.

(d) A medical history, including thename, condition, sex and age of the person.

(e) The name and address of the nearestrelative or legal guardian, if any, of the per-son.

(3) The certificates, applications andmedical histories shall be made upon formsprescribed by the Department of Human Ser-vices and shall be executed by the countyhealth officer or by two physicians licensedby the Oregon Medical Board, none of whomshall be related to the person by blood ormarriage.

(4) When a person is admitted to a statehospital under this section, any physiciantreating the person shall give the person thewarning under ORS 426.123.

(5) This section may be applied as pro-vided by agreement with the ruling body ofthe reservation. Payment of costs for a com-mitment made under this section shall be asprovided under ORS 426.250. [Amended by 1953c.442 §2; 1975 c.690 §12; 1987 c.903 §21; 2007 c.70 §204]

426.190 Admission on emergency com-mitment. Immediately upon execution of thedocuments mentioned in ORS 426.180, theperson, together with the documents, shallbe transported by the sheriff or other personon the authorization of the county health of-ficers or deputy to the state hospital indi-cated by law to receive such patient. Thechief medical officer of the state hospitalmay refuse to admit the person unless thechief medical officer is satisfied from thedocuments that an emergency exists, andthat the person is so mentally ill as to be inneed of immediate hospitalization. The su-perintendent shall file such documents in theoffice of the hospital, where they shall re-main a matter of record. If the superinten-dent is satisfied that an emergency exists,and that such person is so mentally ill as tobe in need of immediate hospitalization, thesuperintendent shall receive and care for asa patient in the hospital the person named inthe documents. [Amended by 1969 c.391 §2]

426.200 Duties following emergencyadmission; application for voluntary ad-mission; court commitment. Within 48hours after admission under ORS 426.190, anexamination as to the mental condition ofany person so admitted shall be commencedand shall be conducted as expeditiously aspossible by two staff physicians of the statehospital where the person has been received.If, after completion of the examination, thephysicians certify that the person is so men-tally ill as to be in need of treatment, careor custody, the superintendent shall, if thesuperintendent determines that further hos-pitalization is necessary, within 48 hoursthereafter, either obtain from the mentally illperson a signed application for voluntary ad-mission under the provisions of ORS 426.220or file a complaint with the court having ju-risdiction under ORS 426.060 in the countywhere the hospital is located, requesting acourt commitment as provided by law. If theexamining physicians certify that the personis not so mentally ill as to be in need oftreatment, care or custody, the superinten-dent of the state hospital shall immediatelydischarge the person. Costs shall be paid asprovided under ORS 426.250. [Amended by 1963c.325 §2; 1975 c.690 §13; 1987 c.903 §22]



426.210 Limit of detention after com-mitment in emergency proceedings. In noevent shall any person admitted to a statehospital pursuant to the emergency pro-ceedings provided by ORS 426.180 to 426.200be detained therein by virtue of such pro-ceedings for more than five judicial days fol-lowing admission. The court, for good cause,may allow a postponement and detentionduring the postponement as provided underORS 426.095. [Amended by 1987 c.903 §23]

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 Department of Human Services or itsdesignee, may change the status of the per-son to that of a voluntary patient. Notwith-standing ORS 426.220, any person who altersstatus to that of a voluntary patient underthis section shall be released from the treat-ing facility within 72 hours of the request ofthe person for release. [1973 c.838 §14; 1975 c.690§15]

426.220 Voluntary admission; leave ofabsence; notice to parent or guardian. (1)Pursuant to rules and regulations promul-gated by the Department of Human Services,the superintendent of any state hospital forthe treatment and care of persons with men-tal illness may admit and hospitalize thereinas a patient, any person who may have anervous disorder or a mental illness, andwho voluntarily has made written applicationfor such admission. No person under the ageof 18 years shall be admitted as a patient toany such 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, pursuantto rules and regulations of the department,no person 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]

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 department; assist-ance of peace officers and others. In re-taking custody of a mentally ill person whohas been committed to the Department ofHuman Services under ORS 426.130 and whohas, without lawful authority, left the cus-tody of the facility to which the person hasbeen assigned under ORS 426.060, or in thecase of an allegedly mentally ill person whois in custody under ORS 426.070, 426.095,426.228 to 426.235 or 426.237 at a hospital ornonhospital facility and who has, withoutlawful authority, left the hospital or nonhos-pital facility, the facility director or designeehas all the powers provided by ORS 133.225and 161.255 and may require the assistanceof any peace officer or other person. [1975c.690 §25; 1993 c.484 §20]

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 physician. (1) If any person who hasbeen committed to the Department of HumanServices under ORS 426.127 or 426.130(1)(b)(B) or (C) requests, during this periodof commitment, voluntary admission to astate hospital, the superintendent shall causethe person to be examined immediately by aphysician. If the physician finds the personto be in need of immediate care or treatmentfor mental illness, the person shall be volun-tarily admitted upon request of the person.

(2) If any person who has been committedto the department under ORS 426.127 or426.130 (1)(b)(B) or (C) requests, during thisperiod of commitment, voluntary admissionto a facility approved by the department, theadministrator of the facility shall cause theperson to be examined immediately by aphysician. If the physician finds the personto be in need of immediate care or treatmentfor mental illness, and the department grantsapproval, the person shall be voluntarily ad-mitted upon request of the person. [1989 c.993§2]

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 persons; transportingto facility; reports; examination of per-son. (1) A peace officer may take into cus-tody a person who the officer has probablecause to believe is dangerous to self or toany other person and is in need of immediatecare, custody or treatment for mental illness.As directed by the community mental healthand developmental disabilities program di-rector, a peace officer shall remove a persontaken into custody under this section to thenearest hospital or nonhospital facility ap-proved by the Department of Human Ser-vices. The officer shall prepare a writtenreport and deliver it to the treating physi-cian. 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 and developmental disabilities pro-gram director and a telephone number wherethe director may be reached at all times.

(2) A peace officer shall take a personinto custody when the community mentalhealth and developmental disabilities pro-gram director, pursuant to ORS 426.233, no-tifies the peace officer that the director hasprobable cause to believe that the person isimminently dangerous to self or to any otherperson. As directed by the community mentalhealth and developmental disabilities pro-gram director, the peace officer shall removethe person to a hospital or nonhospital facil-ity approved by the department. The commu-nity mental health and developmentaldisabilities program director shall prepare awritten report that the peace officer shalldeliver to the treating physician. The reportshall 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 and developmental disabilities pro-gram director and a telephone number wherethe director may be reached at 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 physician licensed by the Or-egon Medical Board stating that the travelwill not be detrimental to the person′s phys-ical health and that the person is dangerousto self or to any other person and is in needof immediate care or treatment for mentalillness. The physician shall have personallyexamined the allegedly mentally ill person

within 24 hours prior to signing the certif-icate.

(4) When a peace officer or other au-thorized person, acting under this section,delivers a person to a hospital or nonhospitalfacility, a physician licensed by the OregonMedical Board shall examine the person im-mediately. If the physician finds the personto be in need of emergency care or treatmentfor mental illness, the physician shall pro-ceed under ORS 426.232, otherwise the per-son shall not be retained in custody. If theperson is to be released from custody, thepeace officer or the community mentalhealth and developmental disabilities pro-gram director shall return the person to theplace where the person was taken into cus-tody unless the person declines that service.

(5) A peace officer may transfer a personin custody under this section to the custodyof a person authorized by the county govern-ing body under ORS 426.233 (3). The peaceofficer may meet the authorized person atany location that is in accordance with ORS426.140 to effect the transfer. When trans-ferring a person in custody to an authorizedperson, the peace officer shall deliver the re-port required under subsections (1) and (2)of this section to the authorized person.

(6) A person authorized under ORS426.233 (3) shall take a person into custodywhen directed to do so by a peace officer orby a community mental health and devel-opmental disabilities program director underORS 426.233.

(7) A person authorized under ORS426.233 (3) shall perform the duties of thepeace officer or the community mentalhealth and developmental disabilities pro-gram director required by this section andORS 426.233 if the peace officer or the di-rector has not already done so.

(8) A person authorized under ORS426.233 (3) may transfer a person in custodyunder this section to the custody of anotherperson authorized under ORS 426.233 (3) ora peace officer. The authorized person trans-ferring custody may meet another authorizedperson or a peace officer at any location thatis in accordance with ORS 426.140 to effectthe 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 required



by 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]

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 therein. See Preface toOregon Revised Statutes for further explanation.

426.230 [Amended by 1955 c.651 §7; repealed by 1957c.388 §17]

426.231 Physician hold; when author-ized; statement required. (1) A physicianlicensed by the Oregon Medical Board mayhold a person for transportation to a treat-ment facility for up to 12 hours in a healthcare facility licensed under ORS chapter 431and approved by the Department of HumanServices if:

(a) The physician believes the person isdangerous to self or to any other person andis in need of emergency care or treatment formental illness;

(b) The physician is not related to theperson by blood or marriage; and

(c) An admitting physician at the receiv-ing facility consents to the transporting.

(2) Before transporting the person, thephysician shall prepare a written statementthat:

(a) The physician has examined the per-son within the preceding 12 hours;

(b) An admitting physician at the receiv-ing facility has consented to the transportingof the person for examination and admissionif appropriate; and

(c) The physician believes the person isdangerous to self or to any other person andis in need of emergency care or treatment formental illness.

(3) The written statement required bysubsection (2) of this section authorizes apeace officer, a person authorized under ORS426.233 or the designee of a community men-tal health and developmental disabilities pro-gram director to transport a person to thetreatment facility indicated on the statement.[1993 c.484 §3; 1997 c.531 §3]

Note: See note under 426.228.

426.232 Physician emergency admis-sion; notice; limit of hold. (1) When a phy-sician licensed to practice medicine by theOregon Medical Board believes a person whois brought to a hospital or nonhospital facil-ity by a peace officer under ORS 426.228, aperson authorized under ORS 426.233 or aperson who is at a hospital or nonhospitalfacility is dangerous to self or to any otherperson and is in need of emergency care ortreatment for mental illness, the physicianmay do one of the following:

(a) After consulting with a physician ora qualified mental health professional, as de-fined by rule of the Department of HumanServices, detain the person and cause theperson to be admitted or, if the person is al-ready admitted, cause the person to be re-tained in a hospital where the physician hasadmitting privileges or is on staff. Neitherthe physician nor the qualified mental healthprofessional may be related by blood or mar-riage to the person.

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

(2) When approving a person for emer-gency care or treatment at a nonhospital fa-cility under this section, the physician shallnotify immediately the community mentalhealth and developmental disabilities pro-gram director in the county where the per-son was taken into custody and maintain theperson, if the person is being held at a hos-pital, 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]


426.233 Authority of community men-tal health and developmental disabilitiesprogram director and of other persons;costs of transportation. (1)(a) A communitymental health and developmental disabilitiesprogram director operating under ORS430.610 to 430.695 or a designee thereof, un-der authorization of a county governingbody, may take one of the actions listed inparagraph (b) of this subsection when thecommunity mental health and developmentaldisabilities program director or designee hasprobable cause 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 mentally ill person placed onconditional release under ORS 426.125, out-patient commitment under ORS 426.127 ortrial 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 anddevelopmental disabilities program directoror designee under the circumstances set outin paragraph (a) of this subsection 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 Department ofHuman Services;

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

(C) Notify a person authorized undersubsection (3) of this section to take theperson into custody and direct the authorizedperson to remove the person in custody to ahospital or nonhospital facility approved bythe department;

(D) Direct a person authorized undersubsection (3) of this section to transport aperson in custody from a hospital or a non-hospital facility approved by the departmentto another hospital or nonhospital facilityapproved by the department as provided un-der ORS 426.235; or

(E) Direct a person authorized undersubsection (3) of this section to transport aperson in custody from a facility approved bythe department to another facility approvedby the department as provided under ORS426.060.

(2) A designee under subsection (1) ofthis section must be recommended by thecommunity mental health and developmentaldisabilities program director, meet the stan-dards established by rule of the departmentand be approved by the county governingbody before assuming the authority permittedunder subsection (1) of this section.

(3) The county governing body may, uponrecommendation by the community mentalhealth and developmental disabilities pro-gram director, authorize any person to pro-vide custody and secure transportationservices for a person in custody under ORS426.228. In authorizing a person under thissubsection, the county governing body shallgrant the person the authority to do the fol-lowing:

(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 anddevelopmental disabilities program directorunder the provisions of this section;

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

(d) Transfer a person in custody to an-other person authorized under this subsec-tion or a peace officer;

(e) Transfer a person in custody from ahospital or nonhospital facility to anotherhospital facility or nonhospital facility when

directed to do so by the community mentalhealth and developmental disabilities pro-gram director; and

(f) Retain a person in custody at the ap-proved hospital or nonhospital facility untila physician makes a determination underORS 426.232.

(4) A person authorized under subsection(3) of this section must be recommended bythe community mental health and devel-opmental disabilities program director, meetthe standards established by rule of the de-partment and be approved by the governingbody before assuming the authority grantedunder this section.

(5) The costs of transporting a person asauthorized under ORS 426.060, 426.228 or426.235 by a person authorized under subsec-tion (3) of this section shall be the responsi-bility of the county whose peace officer orcommunity mental health and developmentaldisabilities program director directs the au-thorized person to take custody of a personand to transport the person to a facility ap-proved by the department, but the countyshall not be responsible for costs that exceedthe amount provided by the state for thattransportation. A person 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 otherwise le-gally responsible persons or agencies in thesame manner that costs for the transporta-tion of other persons are charged and col-lected. [1993 c.484 §5; 1997 c.531 §5]


426.234 Duties of professionals at fa-cility where person admitted; notifica-tion; duties of court. (1) At the time aperson is admitted to or retained in a hospi-tal or nonhospital facility under ORS 426.232or 426.233, a physician, nurse or qualifiedmental health professional at the hospital ornonhospital 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 allegedlymentally ill person;

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

(e) If the physician, nurse or qualifiedmental health professional reasonably sus-pects that the person is a foreign national,inform the person of the person′s right tocommunicate with an official from the con-sulate of the person′s country. A physician,



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 physician shall contact the com-munity mental health and developmental dis-abilities program director of the county inwhich the person resides, if the county ofresidence is different from the county inwhich the hospital is located. The communitymental health and developmental disabilitiesprogram director may request that the phy-sician notify the circuit court in the countyin which the person resides. If the commu-nity mental health and developmental disa-bilities program director does not make therequest authorized by this paragraph, thephysician shall notify, immediately and inwriting, the circuit court in the county inwhich the person is 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 physician shall con-tact the community mental health and devel-opmental disabilities program director of thecounty in which the person is hospitalized.The community mental health and devel-opmental disabilities program director of thecounty in which the person is hospitalizedmay request that the physician notify thecircuit court in the county in which the per-son is hospitalized. If the community mentalhealth and developmental disabilities pro-gram director does not make the request au-thorized by this paragraph, the physicianshall notify, immediately and in writing, thecircuit court in the county in which the per-son was taken into custody.

(c) If, at any time prior to the hearingunder ORS 426.070 to 426.130, the physicianresponsible for a person admitted or retainedunder ORS 426.232 determines that the per-son is not dangerous to self or others and isnot in need of emergency care or treatmentfor mental illness, the physician may releasethe person from the detention authorized byORS 426.232. The physician shall imme-diately notify the circuit court notified underthis subsection and the community mentalhealth and developmental disabilities pro-gram director of the person′s release fromdetention.

(3)(a) At the time the person is admittedto or retained in a nonhospital facility underORS 426.233, the community mental healthand developmental disabilities program di-

rector in the county where the person wastaken into custody shall contact the commu-nity mental health and developmental disa-bilities program director of the county inwhich the person resides, if the county ofresidence is different from the county inwhich the person was taken into custody.The community mental health and devel-opmental disabilities program director of thecounty in which the person resides may re-quest that the community mental health anddevelopmental disabilities program directorof the county in which the person was takeninto custody notify the circuit court in thecounty where the person resides. Otherwise,the community mental health and devel-opmental disabilities program director of thecounty in which the person was taken intocustody shall notify, immediately and inwriting, the circuit court in the county inwhich the person was taken into custody.

(b) If, at any time prior to the hearingunder ORS 426.070 to 426.130, a communitymental health and developmental disabilitiesprogram director, after consultation with aphysician, determines that a person admittedor retained under ORS 426.233 is not dan-gerous to self or others and is not in needof immediate care, custody or treatment formental illness, the community mental healthand developmental disabilities program di-rector may release the person from de-tention. The community mental health anddevelopmental disabilities program directorshall immediately notify the circuit court or-iginally notified under paragraph (a) of thissubsection of the person′s release from de-tention.

(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 and developmental disa-bilities program director or designee whodirects the peace officer or other authorizedperson to take a person into custody underORS 426.233 shall not also conduct the in-vestigation as provided for under ORS426.074. Except when a person is being heldunder ORS 426.237 (1)(b), a person shall notbe held under ORS 426.232 or 426.233 formore than five judicial days without a hear-ing being held under ORS 426.070 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 beenreleased, 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]


426.235 Transfer between hospital andnonhospital facilities. (1) The communitymental health and developmental disabilitiesprogram director may transfer a person incustody under ORS 426.232, 426.233 or426.237 (1)(b) to a hospital or nonhospital fa-cility approved by the Department of HumanServices at any time during the period of de-tention.

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

(3) A person in custody at a nonhospitalfacility approved by the department may betransferred to a hospital approved by the de-partment only when a physician with admit-ting privileges agrees to admit the person.

(4) In transporting a person between ahospital and nonhospital facility under thissection, the community mental health anddevelopmental disabilities program directorhas all the powers provided in ORS 133.225and 161.255 and may compel the assistanceof any peace officer or other person.

(5) When a person is transferred underthis section, the community mental healthand developmental disabilities program di-rector shall notify immediately the court no-tified under ORS 426.234 (2) or (3) of the factof the transfer and of the location of theperson. [1993 c.484 §7]


426.236 Rules. The Department of Hu-man Services shall adopt rules necessary tocarry out the provisions of ORS 426.155 and426.228 to 426.238. [1993 c.484 §8; 2001 c.481 §4]


426.237 Prehearing detention; dutiesof community mental health and devel-opmental disabilities program director;certification for treatment; court pro-ceedings. (1) During a prehearing period ofdetention as provided in ORS 426.070,426.140, 426.232 or 426.233, the communitymental health and developmental disabilitiesprogram director shall do one of the follow-ing:

(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 and de-velopmental disabilities program directordoes not believe the person is a mentally illperson.

(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 anddevelopmental disabilities program directorand a psychiatrist, as defined by rule by theDepartment of Human Services, have proba-ble cause to believe the person is a mentallyill person;

(B) The community mental health anddevelopmental disabilities program directorin the county where the person residesverbally approves the arrangements for pay-ment for the services at the hospital or non-hospital facility; and

(C) The community mental health anddevelopmental disabilities program directorlocates a hospital or nonhospital facilitythat:

(i) Is approved by the department and thecommunity mental health and developmentaldisabilities program director in the countywhere the person resides; and

(ii) Can, in the opinion of the communitymental health and developmental disabilitiesprogram director and the psychiatrist, pro-vide intensive care or treatment for mentalillness necessary and sufficient to meet theemergency 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 and developmental disabilities pro-gram director has probable cause to believethe person is a mentally ill person.

(2)(a) If the circuit court adopts the rec-ommendation of the community mentalhealth and developmental disabilities pro-gram director under subsection (1)(a) of thissection, the circuit court shall enter an orderreleasing the person and dismissing the case.Unless the person agrees to voluntary treat-ment, if the person is being detained in a:

(A) Nonhospital facility, the communitymental health and developmental disabilitiesprogram director shall make discharge plansand insure the discharge of the person.

(B) Hospital, the treating physician shallmake discharge plans and discharge the per-son.

(b) Upon release of the person, the com-munity mental health and developmental dis-abilities program director shall attempt tonotify the person′s next of kin if the personconsents to the notification.

(3)(a) If the detained person is certifiedfor treatment under subsection (1)(b) of thissection, the community mental health and



developmental disabilities program directorshall:

(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 and devel-opmental disabilities program director andthe psychiatrist that they have probablecause to believe the person is a mentally illperson in need of care or treatment for men-tal 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 thetreating physician. However, the person shallnot be subject to electroshock therapy orunduly 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 physician shall

treat the person within the scope of thetreatment plan provided the person underparagraph (b) of this subsection. The person′srefusal of treatment constitutes sufficientgrounds for the community mental healthand developmental disabilities program di-rector to request a hearing as provided insubsection (4)(a) of this section.

(C) If the person is in a hospital and thecommunity mental health and developmentaldisabilities program director locates a non-hospital facility, approved by the department,that, in the opinion of the community mentalhealth and developmental disabilities pro-gram director and the treating physician, canprovide care or treatment for mental illnessnecessary and sufficient to meet the emer-gency psychiatric needs of the person, thetreating physician shall discharge the personfrom the hospital and the community mentalhealth and developmental disabilities pro-gram director shall remove the person to thenonhospital facility for the remainder of the14-day intensive treatment period. If, how-ever, in the opinion of the treating physician,the person′s condition requires the person toreceive medical care or treatment, the physi-cian shall retain the person in the hospital.

(D) If the person is in a nonhospital fa-cility, the community mental health and de-velopmental disabilities program directorshall transfer the person to a hospital ap-proved by the department under the follow-ing conditions:

(i) If, in the opinion of a physician, theperson′s condition requires the person to re-ceive medical care or treatment in a hospital;and

(ii) The physician agrees to admit theperson to a hospital, approved by the depart-ment, where the physician has admittingprivileges.

(E) If the person is transferred as pro-vided in subparagraph (C) or (D) of this par-agraph, the community mental health anddevelopmental disabilities program directorshall notify the circuit court, in the countywhere the certificate was filed, of the lo-cation of the person. The person may appealthe transfer as provided by rules of the de-partment.

(e) If the person is in a hospital, thetreating physician may discharge the personat any time during the 14-day period. Thetreating physician shall confer with thecommunity mental health and developmentaldisabilities 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 physician shall notify the courtin the county in which the certificate wasfiled initially.



(f) If the person is in a nonhospital facil-ity, the community mental health and devel-opmental disabilities program director maydischarge the person at any time during the14-day period. The community mental healthand developmental disabilities program di-rector shall consult with the treating physi-cian and the person′s next of kin, if theperson consents to the consultation, prior todischarging the person. Immediately upondischarge of the person, the communitymental health and developmental disabilitiesprogram 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 and developmental disa-bilities program director immediately shallnotify the court in the county in which thecertificate 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 healthand developmental disabilities program di-rector requests a hearing. The hearing shallbe held without unreasonable delay. In nocase shall the person be held in a hospitalor nonhospital facility longer than five judi-cial days after the request for a hearing ismade without a hearing being held underORS 426.070 to 426.130.

(b) The community mental health anddevelopmental disabilities program directoracts under subsection (1)(c) of this section.In no case shall the person be held longerthan five judicial days without a hearing un-der this subsection. [1993 c.484 §9; 2003 c.14 §237]


426.238 Classifying facilities. The De-partment of Human Services may assignclassifications, as defined by rule of the de-partment, to facilities that provide care andtreatment for persons committed to the de-partment under ORS 426.130 or provideemergency care or treatment for personspursuant to ORS 426.070, 426.228 to 426.235or 426.237. The department may authorize afacility to retake custody of a person who

unlawfully leaves a facility as provided inORS 426.223. [1993 c.484 §10]

Note: See note under 426.228.426.240 [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 Department of Human Services andthe community mental health and devel-opmental disabilities program director of thecounty in which the facility is located, ex-cept a state mental hospital, for an allegedlymentally ill person admitted or detained un-der ORS 426.070, 426.140, 426.228, 426.232 or426.233, or for a mentally ill person admittedor detained under ORS 426.150, 426.223,426.273, 426.275 or 426.292, shall be paid bythe county of which the person is a residentfrom state funds provided it for this purpose.The county is responsible for the cost whenstate funds available therefor are exhausted.The hospital or other facility shall charge toand collect from the person, third partypayers or other persons or agencies other-wise legally responsible therefor, 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 mental hospital under ORS426.070, 426.140, 426.180 to 426.210, 426.228,426.232 or 426.233 for emergency care, cus-tody or treatment, the department shallcharge to and collect from the person, thirdparty payers or other persons or agenciesotherwise legally responsible therefor, thecosts as it would for other patients of thestate mental hospitals under the provisionsof ORS 179.610 to 179.770.

(3) If any person is adjudged mentally illunder the provisions of ORS 426.130, and theperson receives care and treatment in a statemental hospital, the person, third partypayers or other persons or agencies other-wise legally responsible therefor, shall be re-quired to pay for the costs of thehospitalization at the state hospital, as pro-vided by ORS 179.610 to 179.770, if finan-cially 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 doesnot maintain a current mailing address



within the state, the county in which theperson is found, or the county in which acourt-committed mentally ill person has beenconditionally released.

(5)(a) The department 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 department finds, upon re-view, that the allegedly mentally ill person′scondition did not meet the admission criteriain ORS 426.232 (1), 426.233 (1) or 426.237(1)(b)(A). The payer responsible under thissection shall make a request for denial ofpayment for emergency psychiatric servicesprovided under ORS 426.232, 426.233 or426.237 in writing to the department.

(b) The department may require the fol-lowing to provide the department with anyinformation the department determines nec-essary to review a request for denial of pay-ment made under this subsection and tomake a finding, or to conduct review ofemergency psychiatric services for the pur-pose of planning or defining standards in de-partment rule:

(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 department 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]

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 andORS 430.397 to 430.401 as described:

(1) Any physician or qualified person re-commended by the Department of HumanServices who is employed under ORS 426.110to make an examination as to the mentalcondition of a person alleged to be mentallyill shall be allowed a fee as the court in itsdiscretion determines reasonable for the ex-amination.

(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 an allegedly mentally illperson who is represented by appointedcounsel, the fees and costs allowed for thatwitness shall be paid pursuant to ORS135.055. If the costs of witnesses subpoenaedby the allegedly mentally ill person are paidas provided under this subsection, the proce-dure for subpoenaing witnesses shall complywith ORS 136.570.

(3) If a person with a right to a counselunder ORS 426.100 is determined to be fi-nancially eligible for appointed counsel atstate expense, the public defense servicesexecutive director shall determine and pay,as provided in ORS 135.055, the reasonableexpenses related to the representation of theperson and compensation for legal counsel.The expenses and compensation so allowedshall be paid by the public defense servicesexecutive director from funds available forthe purpose.

(4) The department 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 426.200, includingthe costs of transportation, commitment anddelivery of the person, shall be paid by thecounty of which the person is a resident; or,if the person is not a resident of this state,then by the county from which the emer-gency admission was made.

(6) All costs incurred in connection witha proceeding under ORS 426.180 for thecommitment of a person from a reservationfor land-based tribes of Native Americans,including the cost of transportation, commit-ment and delivery of the person, shall bepaid by the ruling body of the reservation ofwhich 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]

426.255 County to pay costs. Costs ofhearings conducted pursuant to ORS 426.307,and the fees for physicians and other quali-fied persons shall be charged to the countyof the person′s residence in the same mannerprovided by ORS 426.310, whether the hear-ing is held in the county of residence orcounty of the treating facility. [1973 c.838 §19;1987 c.803 §23; 1987 c.903 §27]





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

426.273 Trial visits. (1) During a periodof commitment of a patient under ORS426.130, the Department of Human Servicesmay grant a trial visit to the patient for aperiod of time and under any conditions thedepartment shall establish. The departmentshall only grant a trial visit under this sec-tion if the trial visit is agreed to by thecommunity mental health and developmentaldisabilities program director, or the designeeof the director, for the county in which theperson would reside.

(2) When in the opinion of the depart-ment, the committed person can be appropri-ately served by outpatient care during theperiod of commitment, the outpatient caremay be required as a condition for trial visitfor a period which, when added to the inpa-tient treatment period, shall not exceed theperiod of commitment. If outpatient care isrequired as a condition for a trial visit, theconditions shall include a designation of afacility, service or other provider to providecare or treatment.

(3) A copy of the conditions for trial visitshall be given to all of the persons listed inORS 426.278.

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

(5) The director of the community mentalhealth and developmental disabilities pro-gram, or designee, of the county in which aperson who is on trial visit lives while ontrial visit may modify the conditions forcontinued trial visit when such modificationis in the best interest of the person. The di-rector shall send notification of such changesand the reasons for the changes to all thosewho received a copy of the original condi-tions under ORS 426.278. [1985 c.242 §2 (enactedin lieu of 426.290); 1987 c.903 §28]

426.275 Effect of failure to adhere tocondition of placement. The following areapplicable to placements of mentally ill per-sons that are made as conditional releaseunder ORS 426.125, outpatient commitmentsunder ORS 426.127 or trial visits under ORS426.273 as described:

(1) If the person responsible under thissubsection determines that the mentally illperson is failing to adhere to the terms andconditions of the placement, the responsibleperson shall notify the court having jurisdic-tion that the mentally ill person is not ad-hering to the terms and conditions of theplacement. If the placement is an outpatientcommitment under ORS 426.127 or a trialvisit under ORS 426.273, the notificationsshall include a copy of the conditions for the

placement. The person responsible for notify-ing the court under this subsection is as fol-lows:

(a) For conditional releases under ORS426.125, the guardian, relative or friend inwhose care the mentally ill person is condi-tionally released.

(b) For outpatient commitments underORS 426.127, the community mental healthand developmental disabilities program di-rector, or designee of the director, of thecounty in which the person on outpatientcommitment lives.

(c) For trial visits under ORS 426.273, thecommunity mental health and developmentaldisabilities program director, or designee ofthe director, of the county in which the per-son on trial visit is to receive outpatienttreatment.

(2) On its own motion, the court with ju-risdiction of a mentally ill person on suchplacement 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 thementally ill person receives notice under thissection. The court may allow postponementand detention during postponement as pro-vided 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 Depart-ment of Human Services for involuntary careand treatment on an inpatient basis subjectto discharge at the end of the commitmentperiod or as otherwise provided under thischapter and ORS 430.397 to 430.401.

(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 men-tally ill person on conditional release underORS 426.125, outpatient commitment under



ORS 426.127 or trial visit under ORS 426.273.[1985 c.242 §3 (enacted in lieu of 426.290); 1987 c.903 §29;1993 c.484 §22]

426.278 Distribution of copies of con-ditions for outpatient commitment ortrial visit. The following persons shall begiven a copy of the conditions of a placementof a mentally ill person that is made as anoutpatient commitment under ORS 426.127or as a trial visit under ORS 426.273:

(1) The committed person;(2) The community mental health and

developmental disabilities program director,or designee of the director, of the county inwhich the committed person is to receiveoutpatient 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]

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 Department of Human Services from re-leasing a person from a hospital or other fa-cility in which the person is being treatedprior to the expiration of the period of com-mitment under ORS 426.130 when, in theopinion of the director of the facility ortreating physician, the person is no longermentally ill. [1985 c.242 §4 (enacted in lieu of426.290)]

(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 not

the 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, unless it appearsfrom the affidavit of the person or other evi-dence that the person is unable to pay theexpenses. If the person is unable to pay, theexpenses of the proceedings shall be paid bythe county of which the mentally ill personwas a resident at the time of admission. Ifthe county of residence cannot be estab-lished, the county from which the person wasadmitted 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]

426.300 Discharge of patients; applica-tion for public assistance. (1) The Depart-ment of Human Services shall, by filing awritten certificate with the last committingcourt and the court of residence, dischargeany patient from court commitment, except



one held upon an order of a court or judgehaving criminal jurisdiction in an action orproceeding arising out of criminal offensewhen in its opinion the individual is nolonger a mentally ill person or when in itsopinion the transfer of the individual to avoluntary status is in the best interest of thetreatment of the patient.

(2) The department may sign applicationsfor public assistance on behalf of those pa-tients who may be eligible for public assist-ance. [Amended by 1963 c.325 §4; 1967 c.549 §8; 1973c.838 §22; 1997 c.249 §137]

426.301 Release of committed patient;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 De-partment of Human Services certifies to thecourt in the county where the treating facil-ity is located that the person is still mentallyill and in need of further treatment. The de-partment, pursuant to its rules, may delegateto the director of the treating facility theresponsibility for making the certification.The director of the treating facility shallconsult with the community mental healthand developmental disabilities program di-rector of the county of residence prior tomaking the certification. If the certificationis made, the person will not be released, butthe director of the treating facility shall im-mediately issue a copy of the certification tothe person and to the community mentalhealth and developmental disabilities pro-gram director of the county of residence.

(2) The certification shall be served uponthe person by the director of the facilitywherein the person is confined or the desig-nee of the director. The director of the facil-ity 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 department or facility hasrequested that commitment be continued foran additional period of time.

(b) That the person may consult with le-gal counsel and that legal counsel will beprovided for the person without cost if theperson is unable to afford legal counsel.

(c) That the person may protest this fur-ther commitment within 14 days, and if theperson does not commitment will be contin-ued for 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; that the personis entitled to have a physician or other qual-ified person as recommended by the depart-ment, other than a member of the staff at thefacility where the person is confined, exam-ine the person and report to the court theresults of the examination.

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

(g) That if the person is without funds toretain legal counsel or an examining physi-cian or qualified person as recommended bythe department, the court will appoint legalcounsel, a physician or other qualified per-son.

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

(5) 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 further commitment eitherorally or by signing a simple protest form tobe given to the person with the certification.If the person does not protest a further pe-riod of commitment within 14 days of serviceof the certification, the department or facil-ity shall so notify the court and the courtshall, without further hearing, order thecommitment of the person for an additionalindefinite period of time up to 180 days. [1973c.838 §15; 1975 c.690 §19; 1987 c.903 §32; 2001 c.962 §60]

426.303 Effect of protest of furthercommitment; advice of court. When theperson protests a further period of commit-ment the Department of Human Services orfacility designated in accordance with ORS426.301 shall immediately notify the courtand the court shall have the person broughtbefore it and shall again advise the personthat the department or facility has requestedthat commitment be continued for an addi-tional period of time and that if the persondoes not protest this commitment the com-mitment will be continued for an indefiniteperiod of time up to 180 days. The personshall also be informed of the rights set forthin ORS 426.301. [1973 c.838 §16; 1975 c.690 §20]

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 the personrequests a hearing under ORS 426.301 or if



the court proceeds under ORS 426.275 (5),the following provisions apply as described:

(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 person asrecommended by the Department of HumanServices and is without funds to retain aphysician or other qualified person for pur-poses of the examination, the court shall ap-point a physician or other qualified person,other than a member of the staff from thefacility where the person is confined, to ex-amine the person at no expense to the personand to report to the court the results of theexamination.

(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 qualifiedpersons, the court shall determine whetherthe person is still a mentally ill person andin need of further treatment. If in the opin-ion of the court the individual is still amentally ill person by clear and convincingevidence and in need of further treatment,the court may order commitment to the de-partment for an additional indefinite periodof time up to 180 days.

(7) At the end of the 180-day period, theperson shall be released unless the depart-ment or facility again certifies to the com-mitting court that the person is still amentally ill person and 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]

426.309 Effect of ORS 426.217 and426.301 to 426.307 on other discharge pro-cedure. ORS 426.217 and 426.301 to 426.307

do not restrict or limit the discharge proce-dures set forth in ORS 426.300. [1973 c.838 §20]

(Miscellaneous)426.310 Reimbursement of county in

case of nonresident patients. (1) If thementally ill person is a resident of someother county in this state, the county makingthe commitment 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 an allegedly mentally ill person isa resident of some other county in this state,a county attempting a commitment shall bereimbursed by the county of which the per-son is a resident, as defined in ORS 426.241,for all actual, reasonable expenses incurredand paid by the county attempting commit-ment by reason of the care, custody, treat-ment, 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. [Amended by 1975 c.690 §22;1977 c.764 §7; 1979 c.392 §2; 1987 c.903 §34]

426.320 Payment of certain expensesby the state. When a mentally ill person isassigned to or transferred to a state mentalhospital, all actual and necessary expensesincurred by the agent or attendant from thestate hospital and the assistants of the agentor attendant, together with those of the per-son for transportation to the hospital, shallbe paid by the state in the manner providedin ORS 426.330. [Amended by 1975 c.690 §23]

426.330 Presentation and payment ofclaims. The special funds authorized for theuse of the superintendents of the OregonState Hospital, the Blue Mountain RecoveryCenter and the Eastern Oregon TrainingCenter to better enable them promptly tomeet the advances and expenses necessary inthe matter of transferring patients to thestate hospitals are continued in existence.The superintendents shall present theirclaims monthly with proper vouchers at-tached, showing the expenditures from thespecial funds during the preceding month,which claims, when approved by the Depart-



ment of Human Services, shall be paid bywarrant upon the State Treasurer againstthe fund appropriated to cover the cost oftransporting these patients. [Amended by 1975c.614 §14; 1985 c.565 §67; 2007 c.14 §2; 2007 c.70 §206]

426.335 Limitations on liability. Thefollowing limitations on liability and circum-stances are applicable to situations withinthis chapter and ORS 430.397 to 430.401:

(1) None of the following shall in anyway be held criminally or civilly liable forthe making of the notification under ORS426.070, provided the person acts in goodfaith, on probable cause and without malice:

(a) The community mental health anddevelopmental disabilities program directoror designee of the director.

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

bation officer.(f) Any physician attending the allegedly

mentally ill person.(g) The physician attached to a hospital

or institution wherein the allegedly mentallyill person is a patient.

(2) The person conducting the investi-gation under ORS 426.070 and 426.074 shallnot be held criminally or civilly liable forconducting the investigation, provided theinvestigator acts in good faith, on probablecause and without malice.

(3) The person 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 person acts in good faith and withoutmalice.

(4) No person appointed under ORS426.110 to conduct an examination underORS 426.120 shall be held criminally orcivilly liable for actions pursuant to ORS426.120 if the examiner acts in good faith andwithout malice.

(5) No physician, hospital or judge shallbe held criminally or civilly liable for actionspursuant to ORS 426.228, 426.231, 426.232,426.234 or 426.235 if the physician, hospitalor judge acts in good faith, on probable causeand without malice.

(6) No peace officer, person authorizedunder ORS 426.233, community mental healthdirector or designee, hospital or other facil-ity, physician or judge shall in any way beheld criminally or civilly liable for actionspursuant to ORS 426.228 to 426.235 if the in-dividual or facility acts in good faith, onprobable cause and without malice.

(7) Any guardian, relative or friend of amentally ill person who assumes responsibil-ity for the mentally ill person under a con-ditional release under ORS 426.125 shall notbe liable for any damages that are sustainedby any person on account of the misconductof the mentally ill person while on condi-tional release if the guardian, relative orfriend acts in good faith and without malice.

(8) The persons designated in this sub-section shall not be liable for damages thatare sustained by any person or property onaccount of the misconduct of a mentally illperson while the mentally ill person is onoutpatient commitment under ORS 426.127 ifthe designated person acts without willfuland wanton neglect of duty. This subsectionis applicable to all of the following:

(a) The community mental health anddevelopmental disabilities program directorand the designee of the director for thecounty in which the committed person re-sides.

(b) The superintendent or director of anystaff of any facility where the mentally illperson receives treatment during the outpa-tient commitment.

(c) The Director of Human Services.(d) The physician and the facility grant-

ing an outpatient commitment to a patient.(9) For trial visits granted under ORS

426.273 and 426.275:(a) None of the following shall be liable

for a patient′s expenses while on trial visit:(A) The physician and the facility grant-

ing a trial visit to a patient;(B) The superintendent or director of the

facility granting a trial visit;(C) The Director of Human Services; and(D) The chief medical officer of the facil-

ity.(b) The following persons shall not be li-

able for damages that are sustained by anyperson on account of the misconduct of suchpatient while on trial visit if the person actswithout willful and wanton neglect of duty:

(A) The community mental health anddevelopmental disabilities program directorfor the county in which the person resides;

(B) The superintendent, director or chiefmedical officer of any facility granting a trialvisit to a patient;

(C) The physician responsible for the pa-tient′s trial visit;

(D) The Director of Human Services; or(E) The employees and agents of persons

listed in this paragraph. [Formerly 426.280; 2005c.264 §21]

426.340 [Repealed by 1975 c.690 §28]




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 and developmental disabilities pro-gram director or designee may withhold in-formation obtained during an investigationunder ORS 426.070, 426.228, 426.232, 426.233or 426.234 if the community mental healthand developmental disabilities program di-rector determines:

(1) That information was not included inits investigation report or otherwise used ina material way to support a determinationby the community mental health and devel-opmental disabilities program director thatthere was probable cause to believe a personwas a mentally ill person; and

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

Note: 426.370 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.

426.375 [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 mentally ill person committed tothe Department of Human Services 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 wheneverthe 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, verbally and in writing, of any limi-tation:

(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 department. Theperson must be informed, verbally and inwriting, of this right.

(3) Mentally ill persons committed to thedepartment shall have the right to be freefrom potentially unusual or hazardous treat-ment procedures, including convulsive ther-apy, unless they have given their express andinformed consent or authorized the treatmentpursuant to ORS 127.700 to 127.737. Thisright may be denied to such persons for goodcause as defined in administrative rule onlyby the director of the facility in which theperson is confined, but only after consulta-tion with and approval of an independent ex-amining physician. Any denial shall be



entered into the patient′s treatment recordand shall include the reasons for the denial.No patient shall be subjected topsychosurgery, as defined in ORS 677.190(22)(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 therefor shall be made a part of theclinical record of the person over the signa-ture of the chief medical officer of the facil-ity or designee.

(5) Nothing in this section prevents thedepartment from acting to excludecontraband from its facilities and to preventpossession or use of contraband in its facili-ties.

(6) As used in this section:(a) “Contraband” has the meaning given

that term in ORS 162.135.(b) “Security reasons” means the pro-

tection of the mentally ill person from seri-ous and immediate harm and the protectionof others from threats or harassment as de-fined by rule of the department. [1967 c.460 §4;1973 c.838 §28; 1981 c.372 §3; 1983 c.486 §1; 1993 c.442 §16;1995 c.141 §1; 2001 c.104 §152; 2007 c.56 §1]

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 Department of Human Ser-vices shall be prominently posted in eachroom frequented by patients in all facilitieshousing such patients. A copy of the state-ment shall be given to each patient upon ad-mission 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]

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 Hu-

man Services may adopt rules establishingrequirements and procedures for licensingpersons who may order, monitor and evalu-ate the use of restraint and seclusion in fa-cilities providing intensive mental healthtreatment services to individuals under 21years 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 Department of Human Servicesto provide 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]

Note: 426.415 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.

426.450 [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]



PERSONS WITH CHRONIC MENTALILLNESS

(Generally)426.490 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 personwith 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 or a nonmedicalexaminer certified by the Department of Hu-man Services as having chronicschizophrenia, a chronic major affective dis-order, a chronic paranoid disorder or anotherchronic psychotic mental disorder other thanthose caused by substance abuse.

(2) For purposes of providing services inthe community, the department 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]


426.500 Powers and duties of Depart-ment of Human Services; rules. For thepurpose of carrying out the policy and intentof ORS 426.490 to 426.500, the Departmentof Human Services 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 mental institutionor who is committed to the department pur-suant to ORS 426.005 to 426.223 and 426.241to 426.380;

(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]


(Community Housing)426.502 Definitions for ORS 426.502 to

426.508. As used in ORS 426.502 to 426.508:(1) “Community housing” means property

and 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.

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

(3) “Department” means the Departmentof Human Services.

(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 department, 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 de-partment, improve the quality of the housing.[1999 c.983 §2; 2005 c.11 §1; 2007 c.70 §210]

426.504 Authority of department todevelop community housing for personswith chronic mental illness; sale of com-munity housing; conditions. (1) The De-partment of Human Services may, throughcontract 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 department may dispose of com-munity housing acquired under subsection (1)of this section in a public or private sale,upon such terms and conditions as the de-partment 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 depart-ment shall include language that restrictsthe use of the community housing to housingfor persons with chronic mental illness. Suchrestriction is not a violation of ORS 93.270.

(3) If the department determines thatcommunity housing acquired under subsec-tion (1) of this section is no longer suitablefor use as community housing, the depart-ment may sell or otherwise dispose of thecommunity housing without including in anyinstrument conveying fee title to the com-munity housing any language that restrictsthe use of the community housing. Proceedsfrom the sale or disposition of communityhousing under this subsection are consideredproceeds described in ORS 426.506 (4)(c).

(4) When exercising the authoritygranted to the department under this section,the department is not subject to ORS chapter273 or ORS 270.100 to 270.190, 276.900 to276.915 or 279A.250 to 279A.290. [1999 c.983 §3;2003 c.794 §281; 2005 c.11 §2; 2007 c.70 §211]

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 appropriated

to the Department of Human Services tocarry out the provisions of ORS 426.504.

(2) The Community Mental Health Hous-ing Fund shall be administered by the de-partment 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 Human Services,moneys in the account may be invested asprovided in ORS 293.701 to 293.820.

(b) Notwithstanding the provisions ofORS 270.150, the department shall depositinto the Community Housing Trust Accountthe proceeds, less costs to the state, receivedby the department from the sale of F. H.Dammasch State Hospital property underORS 426.508. The department may expend,for the purposes set forth in ORS 426.504,any earnings credited to the account, includ-ing any interest earned on moneys depositedin the 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 Department ofHuman Services and used as a state trainingcenter.

(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 thedepartment.

(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 department andused as community housing;



(d) Moneys reallocated from other areasof the department′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 department 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 Department of Human Servicesshall collaborate with the Housing and Com-munity Services Department to ensure thehighest return and best value for communityhousing from the Community Mental HealthHousing Fund.

(7) The Department of Human Servicesshall provide a report of revenues to and ex-penditures from the Community MentalHealth Housing Fund as part of its budgetsubmission to the Governor and LegislativeAssembly under ORS chapter 291. [1999 c.983§4; 2001 c.954 §31; 2007 c.70 §212; 2007 c.217 §7]

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 De-partment of Human Services.

(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 State Housing Council, theDepartment of Human Services and the De-partment of State Lands.

(4) The Oregon Department of Adminis-trative Services shall reserve from the saleof the real property under subsection (2) ofthis section not more than 10 acres. The realproperty reserved from sale shall be trans-ferred to the Department of Human Servicesfor use by the Department of Human Ser-vices to develop community housing for per-sons with chronic mental illness. The OregonDepartment of Administrative Services andthe Department of Human Services 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]

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 mental disease or defect, is deemedlikely to continue to perform such acts andbe a danger to other persons. [1963 c.467 §1; 1977c.377 §1]

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 by1977 c.377 §6]

426.580 [1963 c.467 §§8,9; 1973 c.443 §1; repealed by1977 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 by1977 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 Department of HumanServices, the superintendent of any statehospital for the treatment and care of per-sons with mental illness may admit and hos-pitalize therein as a patient any person inneed of medical or mental therapeutic treat-ment as a sexually dangerous person 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. Pursuant torules and regulations of the department, 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 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 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]

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

426.670 Treatment programs forsexually dangerous persons. The Depart-ment of Human Services hereby is directedand authorized to establish and operatetreatment programs, either separately withinan existing state Department of Correctionsinstitution, as part of an existing programwithin a Department of Human Services in-stitution, or in specified and approved sitesin the community to receive, treat, study andretain in custody, as required, such sexuallydangerous persons as are committed underORS 426.510 to 426.670. [1963 c.467 §17; 1965 c.481§1; 1979 c.606 §1; 1987 c.320 §230]

426.675 Determination of sexuallydangerous persons; custody pending sen-tencing; hearing; sentencing; rules. (1)When a defendant has been convicted of a

sexual 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 treatmentprogram 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 Department of Human Ser-vices shall jointly adopt administrative rulesto coordinate assignment and treatment ofprisoners 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]

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 and developmentaldisabilities program director for the countyin which the person would reside.

(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]



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


Documents

TITLE 35 MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES ... · MENTAL HEALTH; ALCOHOL AND DRUG ABUSE 426.231 Physician hold; when authorized; state-ment required 426.232 Physician emergency