ORS 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 persons;

(b)

The local health officer; or

(c)

Any magistrate or judge of a court of a federally recognized Indian tribe located in this state.

(2)

For purposes of subsection (1) of this section, the notice must comply with the following:

(a)

It must be in writing under oath;

(b)

It must be given to the community mental health program director or a designee of the director in the county where the person alleged to have a mental illness resides;

(c)

It must state that a person within the county other than the person giving the notice is a person with mental illness and is in need of treatment, care or custody;

(d)

If the commitment proceeding is initiated by two persons under subsection (1)(a) of this section, it may include a request that the court notify the two persons:

(A)

Of the issuance or nonissuance of a warrant under this section; or

(B)

Of the court’s determination under ORS 426.130 (Court determination of mental illness) (1); and

(e)

If the notice contains a request under paragraph (d) of this subsection, it must also include the addresses of the two persons making the request.

(3)

Upon receipt of a notice under subsections (1) and (2) of this section or when notified by a circuit court that the court received notice under ORS 426.234 (Duties of professionals at facility where person admitted), the community mental health program director, or designee of the director, shall:

(a)

Immediately notify the judge of the court having jurisdiction for that county under ORS 426.060 (Commitment to Oregon Health Authority) of the notification described in subsections (1) and (2) of this section.

(b)

Immediately notify the Oregon Health Authority if commitment is proposed because the person appears to be a person with mental illness, as defined in ORS 426.005 (Definitions for ORS 426.005 to 426.390) (1)(f)(C). When such notice is received, the authority may verify, to the extent known by the authority, whether or not the person meets the criteria described in ORS 426.005 (Definitions for ORS 426.005 to 426.390) (1)(f)(C)(i) and (ii) and so inform the community mental health program director or designee of the director.

(c)

Initiate an investigation under ORS 426.074 (Investigation) to determine whether there is probable cause to believe that the person is in fact a person with mental illness.

(4)

Upon completion, a recommendation based upon the investigation report under ORS 426.074 (Investigation) shall be promptly submitted to the court. If the community mental health program director determines that probable cause does not exist to believe that a person released from detention under ORS 426.234 (Duties of professionals at facility where person admitted) (2)(c) or (3)(b) is a person with mental illness, the community mental health program director may recommend assisted outpatient treatment in accordance with ORS 426.133 (Assisted outpatient treatment).

(5)

When the court receives notice under subsection (3) of this section:

(a)

If the court, following the investigation, concludes that there is probable cause to believe that the person investigated is a person with mental illness, it shall, through the issuance of a citation as provided in ORS 426.090 (Citation), cause the person to be brought before it at a time and place as it may direct, for a hearing under ORS 426.095 (Commitment hearing) to determine whether the person is a person with mental illness. The person shall be given the opportunity to appear voluntarily at the hearing unless the person fails to appear or unless the person is detained pursuant to paragraph (b) of this subsection.

(b)

Intentionally left blank —Ed.

(A)

If the court finds that there is probable cause to believe that failure to take the person into custody pending the investigation or hearing would pose serious harm or danger to the person or to others, the court may issue a warrant of detention to the community mental health program director or designee or the sheriff of the county or designee directing the director, sheriff or a designee to take the person alleged to have a mental illness into custody and produce the person at the time and place stated in the warrant.

(B)

At the time the person is taken into custody, the person shall be informed by the community mental health program director, the sheriff or a designee of the following:
(i)
The person’s rights with regard to representation by or appointment of counsel as described in ORS 426.100 (Advice of court);
(ii)
The warning under ORS 426.123 (Observation of person in custody); and
(iii)
The person’s right, if the community mental health program director, sheriff or designee reasonably suspects that the person is a foreign national, to communicate with an official from the consulate of the person’s country. A community mental health program director, sheriff or designee is not civilly or criminally liable for failure to provide the information required by this sub-subparagraph. Failure to provide the information required by this sub-subparagraph does not in itself constitute grounds for the exclusion of evidence that would otherwise be admissible in a proceeding.

(C)

The court may make any orders for the care and custody of the person prior to the hearing as it considers necessary.

(c)

If the notice includes a request under subsection (2)(d)(A) of this section, the court shall notify the two persons of the issuance or nonissuance of a warrant under this subsection. [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; 2009 c.595 §385; 2009 c.828 §26; 2013 c.360 §18; 2013 c.737 §3; 2015 c.461 §2; 2015 c.736 §66; 2019 c.247 §1]

Source: Section 426.070 — Initiation; notification required; recommendation to court; citation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html.

Notes of Decisions

This section does not apply when officer takes person into custody on mental health hold. State v. Lee, 118 Or App 93, 846 P2d 424 (1993)

Law Review Citations

11 WLJ 319 (1975)

426.005
Definitions for ORS 426.005 to 426.390
426.010
State hospitals for persons with mental illness
426.020
Superintendent
426.060
Commitment to Oregon Health Authority
426.070
Initiation
426.072
Care while in custody
426.074
Investigation
426.075
Notice and records of treatment prior to hearing
426.080
Execution and return of citation or warrant of detention
426.090
Citation
426.095
Commitment hearing
426.100
Advice of court
426.110
Appointment of examiners
426.120
Examination report
426.123
Observation of person in custody
426.125
Qualifications and requirements for conditional release
426.127
Outpatient commitment
426.129
Community liaison
426.130
Court determination of mental illness
426.133
Assisted outpatient treatment
426.135
Counsel on appeal
426.140
Place of confinement
426.150
Transportation to treatment facility
426.155
Release of information about person held in custody pending commitment proceeding or while committed or recommitted
426.160
Disclosure of record of commitment proceeding
426.170
Delivery of certified copy of record
426.180
Emergency commitment of individuals in Indian country
426.200
Duties following emergency admission
426.210
Limit of detention after commitment in emergency proceedings
426.217
Change of status of committed patient to voluntary patient
426.220
Voluntary admission
426.223
Retaking persons in custody of or committed to Oregon Health Authority
426.225
Voluntary admission to state hospital of committed person
426.228
Custody
426.231
Hold by licensed independent practitioner
426.232
Emergency admission
426.233
Authority of community mental health program director and of other individuals
426.234
Duties of professionals at facility where person admitted
426.235
Transfer between hospital and nonhospital facilities
426.236
Rules
426.237
Prehearing detention
426.238
Classifying facilities
426.241
Payment of care, custody and treatment costs
426.250
Payment of costs related to commitment proceedings
426.255
County to pay costs
426.273
Trial visits
426.275
Effect of failure to adhere to condition of placement
426.278
Distribution of copies of conditions for outpatient commitment or trial visit
426.292
Release prior to expiration of term of commitment
426.295
Judicial determination of competency
426.297
Payment of expenses for proceeding under ORS 426.295
426.300
Discharge of committed persons
426.301
Release of committed person
426.303
Effect of protest of further commitment
426.307
Court hearing
426.309
Effect of ORS 426.217 and 426.301 to 426.307 on other discharge procedure
426.310
Reimbursement of county expenses for commitment proceedings involving nonresidents
426.320
Payment of certain expenses by the state
426.330
Presentation and payment of claims
426.335
Limitations on liability
426.370
Withholding information obtained in certain commitment or admission investigations
426.380
Availability of writ of habeas corpus
426.385
Rights of committed persons
426.390
Construction
426.395
Posting of statement of rights of committed persons
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
426.490
Policy
426.495
Definitions for ORS 426.490 to 426.500
426.500
Powers and duties of Oregon Health Authority
426.502
Definitions for ORS 426.502 to 426.508
426.504
Power of Oregon Health Authority to develop community housing for persons with chronic mental illness
426.506
Community Mental Health Housing Fund
426.508
Sale of F. H. Dammasch State Hospital
426.510
“Sexually dangerous person” defined
426.650
Voluntary admission to state institution
426.670
Treatment programs for sexually dangerous persons
426.675
Determination of sexually dangerous persons
426.680
Trial visits for probationer
426.701
Commitment of “extremely dangerous” person with qualifying mental disorder
426.702
Discharge from commitment of extremely dangerous person with qualifying mental disorder
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