ORS 426.123
Observation of person in custody

  • warning
  • evidence

(1)

Whenever specifically required under ORS 426.070 (Initiation), 426.072 (Care while in custody), 426.180 (Emergency commitment of individuals in Indian country) or 426.234 (Duties of professionals at facility where person admitted), a person shall be given a warning that observations of the person by the staff of the facility where the person is in custody may be used as evidence in subsequent court proceedings to determine whether the person should be or should continue to be committed as a person with mental illness.

(2)

The warning described under subsection (1) of this section shall be given both orally and in writing.

(3)

Failure to give a warning under this section does not in itself constitute grounds for the exclusion of evidence that would otherwise be admissible in a proceeding. [1987 c.903 §11; 1993 c.484 §18; 2013 c.360 §27]

Source: Section 426.123 — Observation of person in custody; warning; evidence, https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html.

Notes of Decisions

Failure to give warning that observations of person by staff of facility in which person is held may be used as evidence in subsequent court proceedings is not grounds to dismiss commitment proceeding. In re R.C., 298 Or App 280, 443 P3d 742 (2019)

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

§ 426.123’s source at oregon​.gov