ORS 426.095
Commitment hearing

  • postponement
  • right to cross-examine
  • admissibility of investigation report
The following is applicable to a commitment hearing held by a court under ORS 426.070 (Initiation):

(1)

The hearing may be held in a hospital, the person’s home or in some other place convenient to the court and the person alleged to have a mental illness.

(2)

The court shall hold the hearing at the time established according to the following:

(a)

Except as provided by paragraph (b) or (c) of this subsection, a hearing shall be held five judicial days from the day a court under ORS 426.070 (Initiation) issues a citation provided under ORS 426.090 (Citation).

(b)

Except as provided by paragraph (c) of this subsection, if a person is detained by a warrant of detention under ORS 426.070 (Initiation), a hearing shall be held within five judicial days of the commencement of detention.

(c)

If requested under this paragraph, the court, for good cause, may postpone the hearing for not more than five judicial days in order to allow preparation for the hearing. The court may make orders for the care and custody of the person during a postponement as it deems necessary. If a person is detained before a hearing under ORS 426.070 (Initiation), 426.180 (Emergency commitment of individuals in Indian country), 426.228 (Custody), 426.232 (Emergency admission), 426.233 (Authority of community mental health program director and of other individuals) or 426.702 (Discharge from commitment of extremely dangerous person with qualifying mental disorder) and the hearing is postponed under this paragraph, the court, for good cause, may allow the person to be detained during the postponement if the postponement is requested by the person or the legal counsel of the person. Any of the following may request a postponement under this paragraph:

(A)

The person alleged to have a mental illness or the person alleged to be an extremely dangerous person with mental illness.

(B)

The legal counsel or guardian of the person.

(C)

The individual representing the state’s interest.

(3)

The person alleged to have a mental illness and the individual representing the state’s interest shall have the right to cross-examine all the following:

(a)

Witnesses.

(b)

The individual conducting the investigation.

(c)

The examining physicians or other licensed independent practitioners who have examined the person.

(4)

The provisions of ORS 40.230 (Rule 504. Psychotherapist-patient privilege), 40.235 (Rule 504-1. Physician-patient privilege), 40.240 (Rule 504-2. Nurse-patient privilege) and 40.250 (Rule 504-4. Regulated social worker-client privilege) shall not apply to and the court may consider as evidence any of the following:

(a)

Medical records for the current involuntary prehearing period of detention.

(b)

Statements attributed by the maker of the medical records or the investigation report to witnesses concerning their own observations in the absence of objection or if such individuals are produced as witnesses at the hearing available for cross-examination.

(c)

The testimony of any treating licensed independent practitioners, nurses or social workers for the prehearing period of detention. Any treating licensed independent practitioner, nurse or social worker who is subpoenaed as a witness for the proceeding shall testify as an expert witness under the provisions of ORS 40.410 (Rule 702. Testimony by experts), 40.415 (Rule 703. Bases of opinion testimony by experts), 40.420 (Rule 704. Opinion on ultimate issue) and 40.425 (Rule 705. Disclosure of fact or data underlying expert opinion) and is subject to treatment as an expert witness in the payment of witness fees and costs.

(d)

The investigation report prepared under ORS 426.074 (Investigation). Subject to the following, the investigation report shall be introduced in evidence:

(A)

Introduction of the report under this paragraph does not require the consent of the person alleged to have a mental illness.

(B)

Upon objection by any party to the action, the court shall exclude any part of the investigation report that may be excluded under the Oregon Evidence Code on grounds other than those set forth in ORS 40.230 (Rule 504. Psychotherapist-patient privilege), 40.235 (Rule 504-1. Physician-patient privilege), 40.240 (Rule 504-2. Nurse-patient privilege) or 40.250 (Rule 504-4. Regulated social worker-client privilege).

(C)

Neither the investigation report nor any part thereof shall be introduced into evidence under this paragraph unless the investigator is present during the proceeding to be cross-examined or unless the presence of the investigator is waived by the person alleged to have a mental illness or counsel for the person. [1973 c.838 §9; 1975 c.690 §5; 1987 c.903 §13; 1993 c.484 §16; 1997 c.649 §2; 2009 c.595 §389; 2013 c.715 §§4,15; 2015 c.461 §6]

Source: Section 426.095 — Commitment hearing; postponement; right to cross-examine; admissibility of investigation report, https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html.

Notes of Decisions

Where involuntary commitment hearing was held within statutorily prescribed five days under this section, there was no abuse of discretion. State v. Harpole, 101 Or App 405, 790 P2d 1196 (1990)

When choosing location or locations of mental commitment hearing, court has discretion to weigh convenience of location to mentally ill person against convenience of location to court. State v. G.N., 230 Or App 249, 215 P3d 902 (2009)

426.005
Definitions for ORS 426.005 to 426.390 426.010
State hospitals for persons with mental illness 426.020
Superintendent 426.060
Commitment to Oregon Health Authority 426.070
Initiation 426.072
Care while in custody 426.074
Investigation 426.075
Notice and records of treatment prior to hearing 426.080
Execution and return of citation or warrant of detention 426.090
Citation 426.095
Commitment hearing 426.100
Advice of court 426.110
Appointment of examiners 426.120
Examination report 426.123
Observation of person in custody 426.125
Qualifications and requirements for conditional release 426.127
Outpatient commitment 426.129
Community liaison 426.130
Court determination of mental illness 426.133
Assisted outpatient treatment 426.135
Counsel on appeal 426.140
Place of confinement 426.150
Transportation to treatment facility 426.155
Release of information about person held in custody pending commitment proceeding or while committed or recommitted 426.160
Disclosure of record of commitment proceeding 426.170
Delivery of certified copy of record 426.180
Emergency commitment of individuals in Indian country 426.200
Duties following emergency admission 426.210
Limit of detention after commitment in emergency proceedings 426.217
Change of status of committed patient to voluntary patient 426.220
Voluntary admission 426.223
Retaking persons in custody of or committed to Oregon Health Authority 426.225
Voluntary admission to state hospital of committed person 426.228
Custody 426.231
Hold by licensed independent practitioner 426.232
Emergency admission 426.233
Authority of community mental health program director and of other individuals 426.234
Duties of professionals at facility where person admitted 426.235
Transfer between hospital and nonhospital facilities 426.236
Rules 426.237
Prehearing detention 426.238
Classifying facilities 426.241
Payment of care, custody and treatment costs 426.250
Payment of costs related to commitment proceedings 426.255
County to pay costs 426.273
Trial visits 426.275
Effect of failure to adhere to condition of placement 426.278
Distribution of copies of conditions for outpatient commitment or trial visit 426.292
Release prior to expiration of term of commitment 426.295
Judicial determination of competency 426.297
Payment of expenses for proceeding under ORS 426.295 426.300
Discharge of committed persons 426.301
Release of committed person 426.303
Effect of protest of further commitment 426.307
Court hearing 426.309
Effect of ORS 426.217 and 426.301 to 426.307 on other discharge procedure 426.310
Reimbursement of county expenses for commitment proceedings involving nonresidents 426.320
Payment of certain expenses by the state 426.330
Presentation and payment of claims 426.335
Limitations on liability 426.370
Withholding information obtained in certain commitment or admission investigations 426.380
Availability of writ of habeas corpus 426.385
Rights of committed persons 426.390
Construction 426.395
Posting of statement of rights of committed persons 426.415
Licensing 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 426.490
Policy 426.495
Definitions for ORS 426.490 to 426.500 426.500
Powers and duties of Oregon Health Authority 426.502
Definitions for ORS 426.502 to 426.508 426.504
Power of Oregon Health Authority to develop community housing for persons with chronic mental illness 426.506
Community Mental Health Housing Fund 426.508
Sale of F. H. Dammasch State Hospital 426.510
“Sexually dangerous person” defined 426.650
Voluntary admission to state institution 426.670
Treatment programs for sexually dangerous persons 426.675
Determination of sexually dangerous persons 426.680
Trial visits for probationer 426.701
Commitment of “extremely dangerous” person with qualifying mental disorder 426.702
Discharge from commitment of extremely dangerous person with qualifying mental disorder
Green check means up to date. Up to date

Current through early 2024

§ 426.095’s source at oregon​.gov