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 release if all of the following occur:
(a) The conditional release is requested by the legal guardian, relative or friend of the mentally ill person.
(b) The person requesting the conditional release requests to be allowed to care for the mentally ill person during the period of commitment in a place satisfactory to the judge.
(c) The person requesting the release establishes all of the following to the satisfaction of the court:
(A) Ability to care for the mentally ill person.
(B) That there are adequate financial resources available for the care of the mentally ill person.
(2) If the court determines to allow conditional release, the court shall order that the mentally ill person be conditionally released and placed in the care of the requester. The court shall establish any terms and conditions on the conditional release that the court determines appropriate.
(3) Any conditional release ordered under this section is subject to the provisions under ORS 426.275. [1987 c.903 §18]
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