2007 ORS § 426.275¹
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 (Qualifications and requirements for conditional release), outpatient commitments under ORS 426.127 (Outpatient commitment) or trial visits under ORS 426.273 (Trial visits) as described:

(1) If the person responsible under this subsection determines that the mentally ill person is failing to adhere to the terms and conditions of the placement, the responsible person shall notify the court having jurisdiction that the mentally ill person is not adhering to the terms and conditions of the placement. If the placement is an outpatient commitment under ORS 426.127 (Outpatient commitment) or a trial visit under ORS 426.273 (Trial visits), the notifications shall include a copy of the conditions for the placement. The person responsible for notifying the court under this subsection is as follows:

(a) For conditional releases under ORS 426.125 (Qualifications and requirements for conditional release), the guardian, relative or friend in whose care the mentally ill person is conditionally released.

(b) For outpatient commitments under ORS 426.127 (Outpatient commitment), the community mental health and developmental disabilities program director, or designee of the director, of the county in which the person on outpatient commitment lives.

(c) For trial visits under ORS 426.273 (Trial visits), the community mental health and developmental disabilities program director, or designee of the director, of the county in which the person on trial visit is to receive outpatient treatment.

(2) On its own motion, the court with jurisdiction of a mentally ill person on such placement may cause the person to be brought before it for a hearing to determine whether the person is or is not adhering to the terms and conditions of the placement. The person shall have the same rights with respect to notice, detention stay, hearing and counsel as for a hearing held under ORS 426.095 (Commitment hearing). The court shall hold the hearing within five judicial days of the date the mentally ill person receives notice under this section. The court may allow postponement and detention during postponement as provided under ORS 426.095 (Commitment hearing).

(3) Pursuant to the determination of the court upon hearing under this section, a person on placement shall either continue the placement on the same or modified conditions or shall be returned to the Department of Human Services for involuntary care and treatment on an inpatient basis subject to discharge at the end of the commitment period or as otherwise provided under this chapter and ORS 430.397 (Voluntary admission of person to treatment facility) to 430.401 (Liability of public officers).

(4) If the person on placement is living in a county other than the county of the court that established the current period of commitment under ORS 426.130 (Court determination of mental illness) during which the trial visit, conditional release or outpatient commitment takes place, the court establishing the current period of commitment shall transfer jurisdiction to the appropriate court of the county in which the person is living while on the placement and the court receiving the transfer shall accept jurisdiction.

(5) The court may proceed as provided in ORS 426.307 (Court hearing) or this section when the court:

(a) Receives notice under ORS 426.070 (Initiation) or 426.228 (Custody) to 426.235 (Transfer between hospital and nonhospital facilities); and

(b) Determines that the person is a mentally ill person on conditional release under ORS 426.125 (Qualifications and requirements for conditional release), outpatient commitment under ORS 426.127 (Outpatient commitment) or trial visit under ORS 426.273 (Trial visits). [1985 c.242 §3 (enacted in lieu of 426.290); 1987 c.903 §29; 1993 c.484 §22]