Oregon Statutes - Chapter 426 - Persons With Mental Illness; Sexually Dangerous Persons

• 426.005   Definitions for ORS 426.005 to 426.390.
  (1) As used in ORS 426.005 to 426.390, unless the context requires otherwise: (a) “Department” means the Department of Human Services. (b) “Director of the...
• 426.010   State hospitals for mentally ill persons.
  Except as otherwise ordered by the Department of Human Services pursuant to ORS 179.325, the Oregon State Hospital in Salem, Marion County, and the Blue...
• 426.020   Superintendent; chief medical officer.
  The superintendent of a hospital referred to in ORS 426.010 shall be a person the Department of Human Services considers qualified to administer the hospital....
• 426.030   [Amended by 1955 c.651 §5; 1957 c.43 §1; repealed by 1999 c.983 §7]
• 426.060   Commitment to Department of Human Services; authority of department to direct placement; transfer authority; delegation.
  (1) Commitments to the Department of Human Services shall be made only by the judge of a circuit court in a county of this state....
• 426.070   Initiation; notification required; recommendation to court; citation.
  (1) Any of the following may initiate commitment procedures under this section by giving the notice described under subsection (2) of this section: (a) Two...
• 426.072   Custody; care; responsibilities of treating physician; rules.
  (1) A hospital or nonhospital facility and a treating physician must comply with the following when an allegedly mentally ill person is placed in custody...
• 426.074   Investigation; procedure; content; report.
  The following is applicable to an investigation initiated by a community mental health and developmental disabilities program director, or a designee of the director, as...
• 426.075   Notice and records of treatment prior to hearing; procedures.
  This section establishes procedures that are required to be followed before the hearing if a court, under ORS 426.070, orders a hearing under ORS 426.095....
• 426.080   Execution and return of citation or warrant of detention.
  The person serving a warrant of detention or the citation provided for by ORS 426.090 shall, immediately after service thereof, make a return upon the...
• 426.090   Citation; service.
  The judge shall cause a citation to issue to the allegedly mentally ill person stating the nature of the information filed concerning the person and...
• 426.095   Commitment hearing; postponement; right to cross-examine; admissibility of investigation report.
  The following is applicable to a commitment hearing held by a court under ORS 426.070: (1) The hearing may be held in a hospital, the...
• 426.100   Advice of court; appointment of legal counsel; costs; representation of state’s interest.
  (1) At the time the allegedly mentally ill person is brought before the court, the court shall advise the person of the following: (a) The...
• 426.110   Appointment of examiners; qualifications; costs.
  The following requirements relating to the appointment of examiners for purposes of a hearing under ORS 426.095 apply as described: (1) The judge shall appoint...
• 426.120   Examination report; rules.
  (1) Persons appointed under ORS 426.110 to conduct the examination shall do the following: (a) Examine the person as to mental condition; (b) Initiate the...
• 426.123   Observation of person in custody; warning; evidence.
  (1) Whenever specifically required under ORS 426.070, 426.072, 426.180 or 426.234, a person shall be given a warning that observations of the person by the...
• 426.125   Qualifications and requirements for conditional release.
  The following qualifications, requirements and other provisions relating to a conditional release under ORS 426.130 apply as described: (1) A court may only order conditional...
• 426.127   Outpatient commitment.
  The following provisions are applicable to outpatient commitment under ORS 426.130 as described: (1) The Department of Human Services may only place a person in...
• 426.130   Court determination of mental illness; discharge; release for voluntary treatment; conditional release; commitment; prohibition relating to firearms; period of commitment.
  (1) After hearing all of the evidence, and reviewing the findings of the examining persons, the court shall determine whether the person is mentally ill....
• 426.135   Counsel on appeal; costs of appeal.
  If a person determined to be mentally ill as provided in ORS 426.130 appeals the determination or disposition based thereon, and is determined to be...
• 426.140   Place of confinement; attendant.
  (1) No person, not incarcerated upon a criminal charge, who has been adjudged a mentally ill person or one against whom commitment proceedings have been...
• 426.150   Transportation to treatment facility.
  (1) Upon receipt of the order of commitment, the Department of Human Services or its designee shall take the mentally ill person into its custody,...
• 426.155   Release of information about person held in custody pending commitment proceeding or while committed or recommitted.
  (1) The provisions of this section apply to the release of information about a person who is held in custody either pending a commitment proceeding...
• 426.160   Record of proceedings.
  The judge shall cause to be recorded in the court records a full account of proceedings had at all hearings and examinations conducted pursuant to...
• 426.170   Delivery of certified copy of record.
  If any person is adjudged mentally ill and ordered committed to the Department of Human Services, a copy of the complete record in the case,...
• 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]
• 426.180   Emergency commitment of certain Native Americans.
  (1) This section applies to commitments of a person from a reservation for land-based tribes of Native Americans when, under federal law, the state does...
• 426.190   Admission on emergency commitment.
  Immediately upon execution of the documents mentioned in ORS 426.180, the person, together with the documents, shall be transported by the sheriff or other person...
• 426.200   Duties following emergency admission; application for voluntary admission; court commitment.
  Within 48 hours after admission under ORS 426.190, an examination as to the mental condition of any person so admitted shall be commenced and shall...
• 426.210   Limit of detention after commitment in emergency proceedings.
  In no event shall any person admitted to a state hospital pursuant to the emergency proceedings provided by ORS 426.180 to 426.200 be detained therein...
• 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 committed patient to voluntary patient; effect of change.
  At any time after commitment by the court, the person, with the approval of the Department of Human Services or its designee, may change the...
• 426.220   Voluntary admission; leave of absence; notice to parent or guardian.
  (1) Pursuant to rules and regulations promulgated by the Department of Human Services, the superintendent of any state hospital for the treatment and care of...
• 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 custody of or committed to department; assistance of peace officers and others.
  In retaking custody of a mentally ill person who has been committed to the Department of Human Services under ORS 426.130 and who has, without...
• 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 state hospital of committed person; examination by physician.
  (1) If any person who has been committed to the Department of Human Services under ORS 426.127 or 426.130 (1)(b)(B) or (C) requests, during this...
• 426.226   [1953 c.597 §3; 1969 c.391 §5; 1969 c.638 §6; repealed by 1975 c.690 §28]
• 426.228   Custody; authority of peace officers and other persons; transporting to facility; reports; examination of person.
  (1) A peace officer may take into custody a person who the officer has probable cause to believe is dangerous to self or to any...
• 426.230   [Amended by 1955 c.651 §7; repealed by 1957 c.388 §17]
• 426.231   Physician hold; when authorized; statement required.
  (1) A physician licensed by the Oregon Medical Board may hold a person for transportation to a treatment facility for up to 12 hours in...
• 426.232   Physician emergency admission; notice; limit of hold.
  (1) When a physician licensed to practice medicine by the Oregon Medical Board believes a person who is brought to a hospital or nonhospital facility...
• 426.233   Authority of community mental health and developmental disabilities program director and of other persons; costs of transportation.
  (1)(a) A community mental health and developmental disabilities program director operating under ORS 430.610 to 430.695 or a designee thereof, under authorization of a county...
• 426.234   Duties of professionals at facility where person admitted; notification; duties of court.
  (1) At the time a person is admitted to or retained in a hospital or nonhospital facility under ORS 426.232 or 426.233, a physician, nurse...
• 426.235   Transfer between hospital and nonhospital facilities.
  (1) The community mental health and developmental disabilities program director may transfer a person in custody under ORS 426.232, 426.233 or 426.237 (1)(b) to a...
• 426.236   Rules.
  The Department of Human Services shall adopt rules necessary to carry out the provisions of ORS 426.155 and 426.228 to 426.238. [1993 c.484 §8; 2001...
• 426.237   Prehearing detention; duties of community mental health and developmental disabilities program director; certification for treatment; court proceedings.
  (1) During a prehearing period of detention as provided in ORS 426.070, 426.140, 426.232 or 426.233, the community mental health and developmental disabilities program director...
• 426.238   Classifying facilities.
  The Department of Human Services may assign classifications, as defined by rule of the department, to facilities that provide care and treatment for persons committed...
• 426.240   [Amended by 1959 c.652 §22; 1975 c.690 §16; repealed by 1977 c.764 §4 (426.241 enacted in lieu of 426.240)]
• 426.241   Payment of care, custody and treatment costs; denial of payment; rules.
  (1) The cost of emergency psychiatric care, custody and treatment related to or resulting from such psychiatric condition, provided by a hospital or other facility...
• 426.250   Payment of costs related to commitment proceedings.
  The following is a nonexclusive list of responsibilities for payment of various costs related to commitment proceedings under this chapter and ORS 430.397 to 430.401...
• 426.255   County to pay costs.
  Costs of hearings conducted pursuant to ORS 426.307, and the fees for physicians and other qualified persons shall be charged to the county of the...
• 426.260   [Amended by 1955 c.651 §8; repealed by 1957 c.160 §6]
• 426.270   [Amended by 1955 c.651 §9; repealed by 1957 c.160 §6]
• 426.273   Trial visits.
  (1) During a period of commitment of a patient under ORS 426.130, the Department of Human Services may grant a trial visit to the patient...
• 426.275   Effect of failure to adhere to condition of placement.
  The following are applicable to placements of mentally ill persons that are made as conditional release under ORS 426.125, outpatient commitments under ORS 426.127 or...
• 426.278   Distribution of copies of conditions for outpatient commitment or trial visit.
  The following persons shall be given a copy of the conditions of a placement of a mentally ill person that is made as an outpatient...
• 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 in 2003]
• 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 by 1985 c.242 §1 (426.273, 426.275 and 426.292 enacted in lieu of 426.290)]
• 426.292   Release prior to expiration of term of commitment.
  Nothing in this chapter and ORS 430.397 to 430.401 prohibits the Department of Human Services from releasing a person from a hospital or other facility...
• 426.295   Judicial determination of competency; restoration of competency.
  (1) No person admitted to a state hospital for the treatment of mental illness shall be considered by virtue of the admission to be incompetent....
• 426.297   Payment of expenses for proceeding under ORS 426.295.
  (1) The expenses of a proceeding under ORS 426.295 (2) shall be paid by the person, unless it appears from the affidavit of the person...
• 426.300   Discharge of patients; application for public assistance.
  (1) The Department of Human Services shall, by filing a written certificate with the last committing court and the court of residence, discharge any patient...
• 426.301   Release of committed patient; certification of continued mental illness; service of certificate; content; period of further commitment; effect of failure to protest further commitment.
  (1) At the end of the 180-day period of commitment, any person whose status has not been changed to voluntary shall be released unless the...
• 426.303   Effect of protest of further commitment; advice of court.
  When the person protests a further period of commitment the Department of Human Services or facility designated in accordance with ORS 426.301 shall immediately notify...
• 426.305   [1955 c.522 §4; 1963 c.325 §5; repealed by 1965 c.628 §3]
• 426.307   Court hearing; continuance; attorney; examination; determination of mental illness; order of further commitment; period of commitment.
  If the person requests a hearing under ORS 426.301 or if the court proceeds under ORS 426.275 (5), the following provisions apply as described: (1)...
• 426.309   Effect of ORS 426.217 and 426.301 to 426.307 on other discharge procedure.
  ORS 426.217 and 426.301 to 426.307 do not restrict or limit the discharge procedures set forth in ORS 426.300. [1973 c.838 §20] (Miscellaneous)
• 426.310   Reimbursement of county in case of nonresident patients.
  (1) If the mentally ill person is a resident of some other county in this state, the county making the commitment shall be reimbursed by...
• 426.320   Payment of certain expenses by the state.
  When a mentally ill person is assigned to or transferred to a state mental hospital, all actual and necessary expenses incurred by the agent or...
• 426.330   Presentation and payment of claims.
  The special funds authorized for the use of the superintendents of the Oregon State Hospital, the Blue Mountain Recovery Center and the Eastern Oregon Training...
• 426.335   Limitations on liability.
  The following limitations on liability and circumstances are applicable to situations within this chapter and ORS 430.397 to 430.401: (1) None of the following shall...
• 426.340   [Repealed by 1975 c.690 §28]
• 426.350   [Amended by 1961 c.152 §1; repealed by 1971 c.64 §12]
• 426.360   [1961 c.513 §§1,2,3; 1969 c.597 §92; 1971 c.655 §246; 1977 c.253 §40; repealed by 2001 c.900 §261]
• 426.370   Withholding information obtained in certain commitment or admission investigations.
  A community mental health and developmental disabilities program director or designee may withhold information obtained during an investigation under ORS 426.070, 426.228, 426.232, 426.233 or...
• 426.375   [1967 c.460 §5; repealed by 1973 c.838 §29]
• 426.380   Availability of writ of habeas corpus.
  Any individual committed pursuant to ORS 426.005 to 426.223 and 426.241 to 426.380 shall be entitled to the writ of habeas corpus upon proper petition...
• 426.385   Rights of committed persons.
  (1) Every mentally ill person committed to the Department of Human Services shall have the right to: (a) Communicate freely in person and by reasonable...
• 426.390   Construction.
  Nothing in ORS 426.295, 426.297 and 426.380 to 426.390 is intended to detract from the powers of a court under ORS chapter 125 or ORS...
• 426.395   Posting of statement of rights of committed persons.
  A simple and clear statement of rights guaranteed to patients committed to the Department of Human Services shall be prominently posted in each room frequented...
• 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]
• 426.415   Licensing of persons who may order and oversee use of restraint and seclusion in facilities providing mental health treatment to individuals under 21 years of age; rules.
  (1) The Director of Human Services may adopt rules establishing requirements and procedures for licensing persons who may order, monitor and evaluate the use of...
• 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]
• 426.490   Policy.
  It is declared to be the policy and intent of the Legislative Assembly that the State of Oregon shall assist in improving the quality of...
• 426.495   Definitions for ORS 426.490 to 426.500; rules.
  (1) As used in ORS 426.490 to 426.500, unless the context requires otherwise: (a) “Case manager” means a person who works on a continuing basis...
• 426.500   Powers and duties of Department of Human Services; rules.
  For the purpose of carrying out the policy and intent of ORS 426.490 to 426.500, the Department of Human Services shall: (1) Adopt rules for...
• 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 could be used to house persons...
• 426.504   Authority of department to develop community housing for persons with chronic mental illness; sale of community housing; conditions.
  (1) The Department of Human Services may, through contract or otherwise, acquire, purchase, receive, hold, exchange, demolish, construct, lease, maintain, repair, replace, improve and equip...
• 426.506   Community Mental Health Housing Fund; Community Housing Trust Account; report.
  (1) There is created in the State Treasury, separate and distinct from the General Fund, the Community Mental Health Housing Fund. All earnings on investments...
• 426.508   Sale of F. H. Dammasch State Hospital; fair market value; redevelopment of property; property reserved for community housing.
  (1) Notwithstanding ORS 421.611 to 421.630 or any actions taken under ORS 421.611 to 421.630, the Department of Corrections shall transfer the real property known...
• 426.510   “Sexually dangerous person” defined.
  As used in ORS 426.510 to 426.680, unless the context otherwise requires, “sexually dangerous person” means a person who because of repeated or compulsive acts...
• 426.520   [1963 c.467 §2; repealed by 1977 c.377 §6]
• 426.530   [1963 c.467 §3; 1971 c.743 §367; 1973 c.836 §349; repealed by 1977 c.377 §6]
• 426.540   [1963 c.467 §4; repealed by 1977 c.377 §6]
• 426.550   [1963 c.467 §5; repealed by 1977 c.377 §6]
• 426.560   [1963 c.467 §6; repealed by 1977 c.377 §6]
• 426.570   [1963 c.467 §7; 1973 c.836 §350; repealed by 1977 c.377 §6]
• 426.580   [1963 c.467 §§8,9; 1973 c.443 §1; repealed by 1977 c.377 §6]
• 426.590   [1963 c.467 §10; repealed by 1977 c.377 §6]
• 426.610   [1963 c.467 §11; 1973 c.443 §2; repealed by 1977 c.377 §6]
• 426.620   [1963 c.467 §12; repealed by 1977 c.377 §6]
• 426.630   [1963 c.467 §13; repealed by 1977 c.377 §6]
• 426.640   [1963 c.467 §14; 1973 c.443 §3; 1975 c.380 §8; repealed by 1977 c.377 §6]
• 426.650   Voluntary admission to state institution; rules.
  (1) Pursuant to rules promulgated by the Department of Human Services, the superintendent of any state hospital for the treatment and care of persons with...
• 426.660   [1963 c.467 §16; repealed by 1973 c.443 §5]
• 426.670   Treatment programs for sexually dangerous persons.
  The Department of Human Services hereby is directed and authorized to establish and operate treatment programs, either separately within an existing state Department of Corrections...
• 426.675   Determination of sexually dangerous persons; custody pending sentencing; hearing; sentencing; rules.
  (1) When a defendant has been convicted of a sexual offense under ORS 163.305 to 163.467 or 163.525 and there is probable cause to believe...
• 426.680   Trial visits for probationer.
  (1) The superintendent of the facility designated under ORS 426.670 to receive commitments for medical or mental therapeutic treatment of sexually dangerous persons may grant...
• 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]

Last modified: August 7, 2008