2007 ORS 427.293¹
Record of proceedings
  • sealed records
  • disclosure

(1) The court shall cause to be recorded in the court records:

(a) A full account of all proceedings conducted under ORS 427.235 (Notice to court of need for commitment) to 427.290 (Determination by court of mental retardation);

(b) Reports submitted to the court under ORS 427.270 (Report of diagnostic evaluation);

(c) The judgments and orders of the court; and

(d) A copy of the judgments and orders issued.

(2) The account of the proceedings, including any transcript of testimony, and reports submitted to the court under ORS 427.270 (Report of diagnostic evaluation) shall be delivered to the court clerk or court administrator who shall cause them to be sealed. The account of the proceedings, the reports and any transcript of testimony may not be disclosed to any person except upon:

(a) Request of the person subject to the proceedings or the legal representative or attorney of the person; or

(b) Order of the court. [1999 c.82 §2]

Chapter 427

Notes of Decisions

Former commit­ment pro­vi­sions of this chapter were constitu­tional. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Standard of proof in former version of this chapter was proof "beyond a reasonable doubt." State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

As commit­ment pro­ceed­ing is not crim­i­nal matter, principle of double jeopardy has no applica­tion. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Atty. Gen. Opinions

Preemp­tion of the Oregon Revised Statutes by the pro­vi­sions of the Interstate Compact, (1973) Vol 36, p 297; civil commit­ment to Mental Health Division of per­son against whom crim­i­nal charges are pending, (1980) Vol 41, p 91

Law Review Cita­tions

16 WLR 439 (1979)


1 Legislative Counsel Committee, CHAPTER 427—Persons With Mental Retardation; Persons With Developmental Disabilities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­427.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 427, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­427ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.