2017 ORS 427.215¹
Need for commitment

For the purposes of ORS 427.235 (Notice to court of need for commitment) to 427.290 (Determination by court of need for commitment), a person with an intellectual disability is in need of commitment for residential care, treatment and training if the person is either:

(1) Dangerous to self or others; or

(2) Unable to provide for the person’s basic personal needs and not receiving care as is necessary for the health, safety or habilitation of the person. [1979 c.683 §16; 2001 c.104 §153; 2011 c.658 §12; 2013 c.36 §7]

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 Intellectual or Developmental Disabilitie, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors427.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 427, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano427.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.