Persons With Mental Illness

ORS 426.127
Outpatient commitment


The following provisions are applicable to outpatient commitment under ORS 426.130 (Court determination of mental illness) as described:

(1)

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

(2)

At the time of the hearing under ORS 426.095 (Commitment hearing), 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:

(a)

Provision for outpatient care.

(b)

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

(3)

A copy of the conditions shall be given to all of the individuals and entities described in ORS 426.278 (Distribution of copies of conditions for outpatient commitment or trial visit).

(4)

Any outpatient commitment ordered under this section is subject to the provisions under ORS 426.275 (Effect of failure to adhere to condition of placement).

(5)

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 (Distribution of copies of conditions for outpatient commitment or trial visit). [1987 c.903 §19; 1989 c.171 §52; 2003 c.14 §236; 2009 c.595 §392; 2013 c.360 §29]
§§ 426.070 to 426.170

Notes of Decisions

Where defendant in involuntary commitment proceeding asserted he was denied due process because investigator misled him as to how soon hearing would take place and did not take long enough to complete investigation but defendant did not assert that investigation report was inaccurate or incomplete, due process violation was not established. State v. Pieretti, 110 Or App 379, 823 P2d 426 (1991), Sup Ct review denied

Atty. Gen. Opinions

Mental Health Division recognition of commitment order issued by Indian tribal court, (1979) Vol 40, p 31

Law Review Citations

53 OLR 245-270 (1974)

§§ 426.005 to 426.395

Notes of Decisions

The doctor-patient privilege applies under these sections. State v. O'Neill, 274 Or 59, 545 P2d 97 (1976)

Prior to commitment there must be evidence proving beyond a reasonable doubt that the individual is mentally ill as defined. State v. O'Neill, 274 Or 59, 545 P2d 97 (1976)

The Oregon commitment statutes are not unconstitutional on the grounds of vagueness or as an invasion of privacy as protected by the Ninth and Fourteenth Amendments to the United States Constitution. State v. O'Neill, 274 Or 59, 545 P2d 97 (1976)

Oregon Constitution did not require jury in mental commitment hearings. State v. Mills, 36 Or App 727, 585 P2d 1143 (1978), Sup Ct review denied

Alleged mentally ill person does not have right to remain silent in civil commitment proceeding. State v. Matthews, 46 Or App 757, 613 P2d 88 (1980), Sup Ct review denied

Law Review Citations

9 WLJ 63-85 (1973)

Chapter 426

Notes of Decisions

The entire statutory scheme of involuntary commitment provides adequate procedural safeguards which satisfies the requirements of due process and equal protection. Dietrich v. Brooks, 27 Or App 821, 558 P2d 357 (1976), Sup Ct review denied

Atty. Gen. Opinions

County of residence paying mental commitment costs, (1979) Vol 40, p 147; civil commitment to Mental Health Division of person against whom criminal charges are pending, (1980) Vol 41, p 91

Law Review Citations

16 WLR 448 (1979)


Source

Last accessed
Jun. 26, 2021