Oregon Law
Law as of Jan 1, 2026
Chapter contents
426.005Definitions for ORS 426.005 to 426.390 426.010State hospitals for persons with mental illness; minimum age for treatment 426.020Superintendent; chief medical officer 426.030[Amended by 1955 c.651 §5; 1957 c.43 §1; repealed by 1999 c.983 §7] 426.035Classifying facilities 426.060Commitment to Oregon Health Authority; powers of authority; placement; transfer 426.070Initiation; notification required; recommendation to court; citation; warrant of detention 426.072Care while in custody; responsibilities of licensed independent practitioner; rules 426.074Investigation; procedure; content; report; declaration for mental health treatment 426.075Notice and records of treatment prior to hearing; procedures 426.077Diversion from commitment; offer; treatment plan; consent; duration; prohibited treatment; transfer between facilities; discharge; dismissal or recommencement of proceedings; rules 426.080Execution and return of citation or warrant of detention 426.090Citation; service 426.095Commitment hearing; postponement; right to cross-examine; admissibility of investigation report 426.100Advice of court; appointment of legal counsel; costs; representation of state’s interest 426.110Appointment of examiners; qualifications; costs 426.120Examination report; rules 426.123Observation of person in custody; warning; evidence 426.125Qualifications and requirements for conditional release 426.127Outpatient commitment 426.129Community liaison 426.130Court determination of mental illness; discharge; release for voluntary treatment; conditional release; commitment; assisted outpatient treatment; prohibition relating to firearms; period of commitment 426.131When person with mental illness is in need of treatment; danger to self; danger to others; unable to provide for basic personal needs; chronic mental disorder 426.132Determination that person with mental illness is in need of treatment generally and due to being danger to self or others or having chronic mental disorder 426.133Assisted outpatient treatment 426.135Counsel on appeal; costs of appeal 426.140Place of confinement; attendant 426.150Transportation to treatment facility 426.155Release of information about person held in custody pending commitment proceeding or while committed or recommitted 426.160Disclosure of record of commitment proceeding 426.165Withholding information obtained in certain commitment or admission investigations 426.170Delivery of certified copy of record 426.175[1969 c.371 §1; 1975 c.690 §11; 1977 c.764 §2; 1987 c.903 §20; 1991 c.901 §1; repealed by 1993 c.484 §27] 426.180Emergency commitment of individuals in Indian country 426.190[Amended by 1969 c.391 §2; repealed by 2012 c.25 §6] 426.200Duties following emergency admission 426.210Limit of detention after commitment in emergency proceedings 426.215[1965 c.628 §1; 1973 c.838 §32; 1975 c.690 §14; 1977 c.764 §3; 1979 c.408 §4; 1985 c.743 §§1,2,3; 1987 c.368 §1; 1987 c.903 §§24,25; repealed by 1993 c.484 §27] 426.217Change of status of committed patient to voluntary patient; effect of change 426.220Voluntary admission; leave of absence 426.222[1953 c.597 §1; 1961 c.385 §1; 1969 c.391 §3; 1969 c.638 §4; repealed by 1975 c.690 §28] 426.223Retaking persons in custody of or committed to Oregon Health Authority; assistance of peace officers and others 426.224[1953 c.597 §2; 1961 c.385 §2; 1969 c.391 §4; 1969 c.638 §5; repealed by 1975 c.690 §28] 426.225Voluntary admission to state hospital of committed person; examination by licensed independent practitioner 426.226[1953 c.597 §3; 1969 c.391 §5; 1969 c.638 §6; repealed by 1975 c.690 §28] 426.228Custody; authority of peace officers and other individuals; transporting to facility; reports; examination of person 426.230[Amended by 1955 c.651 §7; repealed by 1957 c.388 §17] 426.231Hold by licensed independent practitioner; when authorized; statement required 426.232Emergency admission; notice; limit of hold 426.233Authority of community mental health program director and of other individuals; costs of transportation 426.234Duties of professionals at facility where person admitted; notification; duties of court 426.235Transfer between hospital and nonhospital facilities 426.236Rules 426.237Prehearing detention; duties of community mental health program director; court proceedings 426.238[1993 c.484 §10; 2009 c.595 §410; 2025 c.559 §34; renumbered 426.035 in 2025] 426.240[Amended by 1959 c.652 §22; 1975 c.690 §16; repealed by 1977 c.764 §4 (426.241 enacted in lieu of 426.240)] 426.241[1977 c.764 §5 (enacted in lieu of 426.240); 1979 c.392 §1; 1981 c.750 §16; 1987 c.527 §1; 1993 c.484 §21; 2009 c.595 §411; 2013 c.715 §§8,19; 2015 c.785 §4; 2025 c.559 §35; renumbered 426.313 in 2025] 426.250[Amended by 1965 c.420 §2; 1975 c.690 §17; 1977 c.764 §6; 1987 c.606 §9; 1987 c.903 §§26,26a; 2001 c.962 §59; 2009 c.595 §412; 2011 c.720 §162; 2012 c.25 §4; 2013 c.360 §46; 2013 c.715 §9; 2015 c.785 §5; 2023 c.281 §72; renumbered 426.311 in 2025] 426.255[1973 c.838 §19; 1987 c.803 §23; 1987 c.903 §27; 2013 c.360 §47; renumbered 426.315 in 2025] 426.260[Amended by 1955 c.651 §8; repealed by 1957 c.160 §6] 426.270[Amended by 1955 c.651 §9; repealed by 1957 c.160 §6] 426.273Trial visits 426.275Effect of failure to adhere to condition of placement 426.278Distribution of copies of conditions for outpatient commitment or trial visit 426.280[Amended by 1961 c.228 §1; 1961 c.706 §26; 1969 c.597 §91; 1973 c.838 §26; 1985 c.242 §5; 1987 c.903 §31; 1993 c.484 §23; 1997 c.531 §7; renumbered 426.335 in 2003] 426.290[Amended by 1959 c.513 §1; 1961 c.228 §2; 1969 c.391 §6; 1973 c.838 §27; 1975 c.690 §18; repealed by 1985 c.242 §1 (426.273, 426.275 and 426.292 enacted in lieu of 426.290)] 426.292Release prior to expiration of term of commitment 426.295Judicial determination of competency; restoration of competency 426.297Payment of expenses for proceeding under ORS 426.295 426.300Discharge of committed persons; application for assistance on behalf of committed person 426.301Release of committed person; certification of continued mental illness; content; service of certificate; period of further commitment; effect of failure to protest further commitment 426.303Effect of protest of further commitment; advice of court 426.305[1955 c.522 §4; 1963 c.325 §5; repealed by 1965 c.628 §3] 426.307Court hearing; continuance; attorney; examination; determination of mental illness; order of further commitment; period of commitment 426.309Effect of ORS 426.217 and 426.301 to 426.307 on other discharge procedure 426.310[Amended by 1975 c.690 §22; 1977 c.764 §7; 1979 c.392 §2; 1987 c.903 §34; 2013 c.360 §55; 2015 c.785 §7; renumbered 426.318 in 2025] 426.311Payment of costs related to commitment proceedings 426.313Payment of care, custody and treatment costs; denial of payment; rules 426.315County to pay costs 426.318Reimbursement of county expenses for commitment proceedings involving nonresidents 426.320Payment of certain expenses by the state 426.330Presentation and payment of claims 426.335Limitations on liability 426.340[Repealed by 1975 c.690 §28] 426.350[Amended by 1961 c.152 §1; repealed by 1971 c.64 §12] 426.360[1961 c.513 §§1,2,3; 1969 c.597 §92; 1971 c.655 §246; 1977 c.253 §40; repealed by 2001 c.900 §261] 426.370[1989 c.993 §6; 1993 c.484 §25; 2009 c.595 §423; 2013 c.360 §58; renumbered 426.165 in 2025] 426.375[1967 c.460 §5; repealed by 1973 c.838 §29] 426.380Availability of writ of habeas corpus 426.385Rights of committed persons 426.390Construction 426.395Posting of statement of rights of committed persons 426.405[1983 c.536 §1; repealed by 2001 c.900 §261] 426.407[1983 c.536 §2; repealed by 2001 c.900 §261] 426.410[1969 c.638 §1; repealed by 1975 c.690 §28] 426.415Licensing 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; rules 426.450[1971 c.622 §6; renumbered 430.397 in 1995] 426.460[1971 c.622 §7; 1973 c.795 §3; 1979 c.744 §22; 1981 c.809 §1; 1985 c.565 §68; renumbered 430.399 in 1995] 426.470[1971 c.622 §8; renumbered 430.401 in 1995] 426.490Policy 426.495Definitions for ORS 426.490 to 426.500; rules 426.500Powers and duties of Oregon Health Authority; rules 426.502Definitions for ORS 426.502 to 426.508 426.504Power of Oregon Health Authority to develop community housing for persons with chronic mental illness; sale of community housing; conditions 426.506Community Mental Health Housing Fund; Community Housing Trust Account; report 426.508Sale of F. H. Dammasch State Hospital; fair market value; redevelopment of property; property reserved for community housing 426.510“Sexually dangerous person” defined 426.520[1963 c.467 §2; repealed by 1977 c.377 §6] 426.530[1963 c.467 §3; 1971 c.743 §367; 1973 c.836 §349; repealed by 1977 c.377 §6] 426.540[1963 c.467 §4; repealed by 1977 c.377 §6] 426.550[1963 c.467 §5; repealed by 1977 c.377 §6] 426.560[1963 c.467 §6; repealed by 1977 c.377 §6] 426.570[1963 c.467 §7; 1973 c.836 §350; repealed by 1977 c.377 §6] 426.580[1963 c.467 §§8,9; 1973 c.443 §1; repealed by 1977 c.377 §6] 426.590[1963 c.467 §10; repealed by 1977 c.377 §6] 426.610[1963 c.467 §11; 1973 c.443 §2; repealed by 1977 c.377 §6] 426.620[1963 c.467 §12; repealed by 1977 c.377 §6] 426.630[1963 c.467 §13; repealed by 1977 c.377 §6] 426.640[1963 c.467 §14; 1973 c.443 §3; 1975 c.380 §8; repealed by 1977 c.377 §6] 426.650Voluntary admission to state institution; rules 426.660[1963 c.467 §16; repealed by 1973 c.443 §5] 426.670Treatment programs for sexually dangerous persons 426.675Determination of sexually dangerous persons; custody pending sentencing; hearing; sentencing; rules 426.680Trial visits for probationer 426.700[1973 c.616 §1; repealed by 1981 c.372 §2] 426.701Commitment of “extremely dangerous” person with qualifying mental disorder; requirements for conditional release; rules 426.702Discharge from commitment of extremely dangerous person with qualifying mental disorder; requirements for further commitment; protest and hearing 426.705[1973 c.616 §2; repealed by 1981 c.372 §2] 426.710[1973 c.616 §6; repealed by 1981 c.372 §2] 426.715[1973 c.616 §7; repealed by 1981 c.372 §2] 426.720[1973 c.616 §8; repealed by 1981 c.372 §2] 426.725[1973 c.616 §9; repealed by 1981 c.372 §2] 426.730[1973 c.616 §10; repealed by 1981 c.372 §2] 426.735[1973 c.616 §11; repealed by 1981 c.372 §2] 426.740[1973 c.616 §12; repealed by 1981 c.372 §2] 426.745[1973 c.616 §§13,14,15; repealed by 1981 c.372 §2] 426.750[1973 c.616 §3; repealed by 1981 c.372 §2] 426.755[1973 c.616 §4; repealed by 1981 c.372 §2] 426.760[1977 c.148 §5; repealed by 1981 c.372 §2]

Chapter 426 — Persons With Mental Illness; Dangerous Persons; Commitment; Housing

ORS 426.237 Prehearing detention; duties of community mental health program director; court proceedings

(1)

During a prehearing period of detention as provided in ORS 426.070, 426.140, 426.232 or 426.233, the community mental health program director shall:

(a)

Recommend, in an investigation report as provided in ORS 426.074, that the circuit court not proceed further in the matter if the community mental health program director does not believe the person is a person with mental illness or that the person is in need of assisted outpatient treatment;

(b)

File notice of an offer of diversion from commitment described in ORS 426.077; or

(c)

Recommend, in an investigation report as provided in ORS 426.074, that the circuit court hold a hearing under ORS 426.070 to 426.170 if the community mental health program director has probable cause to believe the person has a mental illness and is in need of treatment or that the person is in need of assisted outpatient treatment.

(2)

The judge of the circuit court shall immediately commence proceedings under ORS 426.070 to 426.170 when the community mental health program director acts under subsection (1)(c) of this section. In no case may the person be held longer than five judicial days without a hearing under this subsection.

Note: See note under 426.228.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.