ORS 426.125 Qualifications and requirements for conditional release

The following qualifications, requirements and other provisions relating to a conditional release under ORS 426.130 apply as described:

A court may only order conditional release if all of the following occur:

The conditional release is requested by the legal guardian, relative or friend of the person with mental illness.

The legal guardian, relative or friend requesting the conditional release requests to be allowed to care for the person during the period of commitment in a place satisfactory to the judge.

The legal guardian, relative or friend requesting the release establishes all of the following to the satisfaction of the court:

The ability of the legal guardian, relative or friend to care for the person.

That there are adequate financial resources available for the care of the person.

If the court determines to allow conditional release, the court shall order that the person be conditionally released and placed in the care of the requester. The court shall establish any terms and conditions on the conditional release that the court determines appropriate.

Any conditional release ordered under this section is subject to the provisions under ORS 426.275. [1987 c.903 §18; 2013 c.360 §28] 426.127 Outpatient commitment. The following provisions are applicable to outpatient commitment under ORS 426.130 as described:

The Oregon Health Authority may only place a person in an outpatient commitment if an adequate treatment facility is available.

At the time of the hearing under ORS 426.095, the community mental health program director, or a designee for the director, for the county in which the hearing takes place shall set the conditions for the outpatient commitment. The conditions shall include, but not be limited to, the following:

Provision for outpatient care.

A designation of a facility, service or other provider to provide care or treatment.

A copy of the conditions shall be given to all of the individuals and entities described in ORS 426.278.

Any outpatient commitment ordered under this section is subject to the provisions under ORS 426.275.

The community mental health program director or designee, for the county where a person is on outpatient commitment, may modify the conditions for outpatient commitment when a modification is in the best interest of the person. The community mental health program director or designee shall send notification of such changes and the reasons for the changes to all those who received a copy of the original conditions under ORS 426.278.