- notification required
- recommendation to court
(1)Any of the following may initiate commitment procedures under this section by giving the notice described under subsection (2) of this section:
(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]
Section 426.070 — Initiation; notification required; recommendation to court; citation,
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)