2013 ORS § 426.130¹
Court determination of mental illness
- • discharge
- • release for voluntary treatment
- • conditional release
- • commitment
- • assisted outpatient treatment
- • prohibition relating to firearms
- • period of commitment
(1) After hearing all of the evidence, and reviewing the findings of the examiners, the court shall determine whether the person has a mental illness and is in need of treatment. If, in the opinion of the court, the person:
(a) Is a person with mental illness based upon clear and convincing evidence, the court:
(A) Shall order the release of the person and dismiss the case if:
(i) The person is willing and able to participate in treatment on a voluntary basis; and
(ii) The court finds that the person will probably do so.
(B) May order conditional release under this subparagraph subject to the qualifications and requirements under ORS 426.125 (Qualifications and requirements for conditional release). If the court orders conditional release under this subparagraph, the court shall establish a period of commitment for the conditional release.
(C) May order commitment of the person with mental illness to the Oregon Health Authority for treatment if, in the opinion of the court, subparagraph (A) or (B) of this paragraph is not in the best interest of the person. If the court orders commitment under this subparagraph:
(i) The court shall establish a period of commitment.
(ii) The authority may place the committed person in outpatient commitment under ORS 426.127 (Outpatient commitment).
(D) Shall order that the person be prohibited from purchasing or possessing a firearm if, in the opinion of the court, there is a reasonable likelihood the person would constitute a danger to self or others or to the community at large as a result of the persons mental or psychological state as demonstrated by past behavior or participation in incidents involving unlawful violence or threats of unlawful violence, or by reason of a single incident of extreme, violent, unlawful conduct. When a court makes an order under this subparagraph, the court shall cause a copy of the order to be delivered to the sheriff of the county who will enter the information into the Law Enforcement Data System.
(b) Is not a person with mental illness, the court shall release the person from custody if the person has been detained under ORS 426.070 (Initiation), 426.180 (Emergency commitment of individuals in Indian country), 426.228 (Custody), 426.232 (Physician emergency admission) or 426.233 (Authority of community mental health program director and of other individuals) and:
(A) Dismiss the case; or
(B) Order the person to participate in assisted outpatient treatment in accordance with ORS 426.133 (Assisted outpatient treatment). The court may continue the proceeding for no more than seven days to allow time for the community mental health program director to develop the persons assisted outpatient treatment plan.
(2) A court that orders a conditional release, a commitment or assisted outpatient treatment under this section shall establish a period of commitment or treatment for the person subject to the order. Any period of commitment ordered for commitment or conditional release under this section shall be for a period of time not to exceed 180 days. A period of assisted outpatient treatment shall be for a period of time not to exceed 12 months.
(3) If the commitment proceeding was initiated under 426.070 (Initiation) (1)(a) and if the notice included a request under ORS 426.070 (Initiation) (2)(d)(B), the court shall notify the two persons of the courts determination under subsection (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; 2009 c.595 §393; 2013 c.360 §30; 2013 c.737 §6]