ORS 426.130
Court determination of mental illness

  • discharge
  • release for voluntary treatment
  • conditional release
  • commitment
  • assisted outpatient treatment
  • prohibition relating to firearms
  • period of commitment


After hearing all of the evidence, and reviewing the findings of the examiners, the court shall determine whether the person has a mental illness and is in need of treatment. If, in the opinion of the court, the person:


Is a person with mental illness based upon clear and convincing evidence, the court:


Shall order the release of the person and dismiss the case if:
The person is willing and able to participate in treatment on a voluntary basis; and
The court finds that the person will probably do so.


May order conditional release under this subparagraph subject to the qualifications and requirements under ORS 426.125 (Qualifications and requirements for conditional release). If the court orders conditional release under this subparagraph, the court shall establish a period of commitment for the conditional release.


May order commitment of the person with mental illness to the Oregon Health Authority for treatment if, in the opinion of the court, subparagraph (A) or (B) of this paragraph is not in the best interest of the person. If the court orders commitment under this subparagraph:
The court shall establish a period of commitment.
The authority may place the committed person in outpatient commitment under ORS 426.127 (Outpatient commitment).


Shall order that the person be prohibited from purchasing or possessing a firearm if, in the opinion of the court, there is a reasonable likelihood the person would constitute a danger to self or others or to the community at large as a result of the person’s mental or psychological state as demonstrated by past behavior or participation in incidents involving unlawful violence or threats of unlawful violence, or by reason of a single incident of extreme, violent, unlawful conduct. When a court makes an order under this subparagraph, the court shall cause a copy of the order to be delivered to the sheriff of the county who will enter the information into the Law Enforcement Data System.


Is not a person with mental illness, the court shall release the person from custody if the person has been detained under ORS 426.070 (Initiation), 426.180 (Emergency commitment of individuals in Indian country), 426.228 (Custody), 426.232 (Emergency admission) or 426.233 (Authority of community mental health program director and of other individuals) and:


Dismiss the case; or


Order the person to participate in assisted outpatient treatment in accordance with ORS 426.133 (Assisted outpatient treatment). The court may continue the proceeding for no more than seven days to allow time for the community mental health program director to develop the person’s assisted outpatient treatment plan.


A court that orders a conditional release, a commitment or assisted outpatient treatment under this section shall establish a period of commitment or treatment for the person subject to the order. Any period of commitment ordered for commitment or conditional release under this section shall be for a period of time not to exceed 180 days. A period of assisted outpatient treatment shall be for a period of time not to exceed 12 months.


If the commitment proceeding was initiated under ORS 426.070 (Initiation) (1)(a) and if the notice included a request under ORS 426.070 (Initiation) (2)(d)(B), the court shall notify the two persons of the court’s determination under subsection (1) of this section.


If the court finds that the person is a person with mental illness and either orders commitment under subsection (1)(a)(B) or (C) of this section or enters an order under subsection (1)(a)(D) of this section, the court shall notify the person that the person is prohibited from purchasing or possessing a firearm under state and federal law unless the person obtains relief from the prohibition from the Psychiatric Security Review Board under ORS 166.273 (Relief from firearm prohibitions related to mental health) or under federal law. [Amended by 1973 c.838 §12; 1975 c.690 §8; 1979 c.408 §3; 1987 c.903 §17; 1989 c.839 §36; 1993 c.735 §9; 1995 c.498 §2; 2009 c.595 §393; 2013 c.360 §30; 2013 c.737 §6; 2017 c.233 §2]

Source: Section 426.130 — Court determination of mental illness; discharge; release for voluntary treatment; conditional release; commitment; assisted outpatient treatment; prohibition relating to firearms; period of commitment, https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html.

Notes of Decisions

Evidence was sufficient to find defendant mentally ill beyond reasonable doubt where he suffered from manic depressive psychosis, behaved in bizarre manner, and made threats of violence to others accompanied by violent acts. State v. Allmendinger, 36 Or App 381, 584 P2d 773 (1978)

Where one examining physician stated that petitioner was “probably” suffering from mental illness and another physician stated that petitioner suffered from a “psychosis,” without any further supporting evidence or explanation, this was not sufficient evidence upon which to base involuntary commitment order under this section. State v. Jepson, 48 Or App 411, 617 P2d 284 (1980)

A Court is not forbidden to commit a person simply because he has submitted himself voluntarily to treatment. State v. Kerrigan, 67 Or App 399, 678 P2d 271 (1984)

That person is mentally ill must be proven by clear and convincing evidence; that is, truth of acts asserted must be “highly probable.” State v. Waites, 71 Or App 366, 692 P2d 654 (1984)

Where defendant testified he would stay at YMCA or motel, had been eating at local hospital cafeteria, had some money and was looking for work and apartment and state did not provide any evidence to contradict such testimony, there was lack of clear and convincing evidence to show defendant dangerous to self or others or unable to provide for his basic needs. State v. Garibbo, 77 Or App 321, 713 P2d 671 (1986)

Where defendant made threats of violence to members of his family, treated his sister violently and roughly and two examining mental health professionals disagreed as to whether defendant was a danger to himself or others, defendant’s conduct and statements provides clear and convincing evidence that he is dangerous to others. State v. Furnish, 86 Or App 194, 738 P2d 607 (1987)

Where “mental health examiner” examined appellant as part of commitment after attorney told examiner appellant did not wish to speak with him, and at trial appellant moved to suppress all evidence obtained during interview, and trial court denied motion on de novo review excluding examiner’s report and observations, remaining evidence clearly and convincingly demonstrates that statutory criteria for commitment was met. State of Oregon v. Haller, 95 Or App 752, 770 P2d 615 (1989)

Where only evidence of danger to himself was single automobile accident, order committing appellant to Mental Health Division was reversed. State v. Siebold, 100 Or App 365, 786 P2d 219 (1990)

This section in prohibiting mentally ill person from possessing firearm does not violate right to bear arms under Oregon Constitution, Art. I, sec. 27. State v. Owenby, 111 Or App 270, 826 P2d 51 (1992)

This section requires trial court to review findings of examining persons in determining whether person is mentally ill, but does not bind court to findings or require court to explain why it rejects those findings. State v. Evjen, 111 Or App 368, 826 P2d 92 (1992)

Court need not release person who provides evidence of willingness to participate voluntarily in treatment if court does not find that person “will probably do so.” State v. Doe, 116 Or App 18, 840 P2d 727 (1992)

Mental illness was demonstrated by clear and convincing evidence where: Defendant was seriously malnourished when not under doctor’s care; she had no credible plan to acquire adequate nutrition in future, minimized danger faced from malnutrition and had history of failing to follow through with plans for care; she had no family or friends who would assist her. State v. Johnson, 117 Or App 237, 843 P2d 985 (1992)

Where court had ample evidence that delusional person would commit violent acts in future, specific acts of past violence were not required to establish that person was dangerous. State v. Bodell, 120 Or App 548, 853 P2d 841 (1993)

Proper standard of proof in dispositional phase of mental commitment proceeding is preponderance of evidence. State v. Brenhuber, 146 Or App 719, 934 P2d 550 (1997)

Where person criminally liable for past acts has mental disorder that includes impaired impulse control, person may fall within narrow group of persons subject to both criminal system and civil commitment system. State v. Gibson, 187 Or App 207, 66 P3d 560 (2003), Sup Ct review denied

Court authority to prohibit person from purchasing or possessing firearms does not allow court to order seizure and disposal of firearms. State v. Gifford, 200 Or App 40, 113 P3d 445 (2005)

Clear and convincing evidence person is dangerous to self means evidence demonstrating high probability of current, actual threat to life arising out of person’s mental disorder. State v. C.R., 216 Or App 395, 173 P3d 836 (2007); State v. N.A.P., 216 Or App 432, 173 P3d 1251 (2007)

During dispositional phase of mental commitment proceeding, mentally ill person bears burden of proving that he or she is willing to participate in voluntary treatment and will probably do so. State v. T.M., 229 Or App 325, 211 P3d 359 (2009)

Intellectual disability is not mental illness for purposes of prohibition of person with mental illness from purchasing or possessing firearm. State v. A.W. (In re A.W.), 298 Or App 823, 445 P3d 938 (2019)

Attorney General Opinions

Mental Health Division recognition of commitment order issued by Indian tribal court, (1970) Vol 40, p 31

Law Review Citations

26 WLR 566 (1990)

Definitions for ORS 426.005 to 426.390
State hospitals for persons with mental illness
Commitment to Oregon Health Authority
Care while in custody
Notice and records of treatment prior to hearing
Execution and return of citation or warrant of detention
Commitment hearing
Advice of court
Appointment of examiners
Examination report
Observation of person in custody
Qualifications and requirements for conditional release
Outpatient commitment
Community liaison
Court determination of mental illness
Assisted outpatient treatment
Counsel on appeal
Place of confinement
Transportation to treatment facility
Release of information about person held in custody pending commitment proceeding or while committed or recommitted
Disclosure of record of commitment proceeding
Delivery of certified copy of record
Emergency commitment of individuals in Indian country
Duties following emergency admission
Limit of detention after commitment in emergency proceedings
Change of status of committed patient to voluntary patient
Voluntary admission
Retaking persons in custody of or committed to Oregon Health Authority
Voluntary admission to state hospital of committed person
Hold by licensed independent practitioner
Emergency admission
Authority of community mental health program director and of other individuals
Duties of professionals at facility where person admitted
Transfer between hospital and nonhospital facilities
Prehearing detention
Classifying facilities
Payment of care, custody and treatment costs
Payment of costs related to commitment proceedings
County to pay costs
Trial visits
Effect of failure to adhere to condition of placement
Distribution of copies of conditions for outpatient commitment or trial visit
Release prior to expiration of term of commitment
Judicial determination of competency
Payment of expenses for proceeding under ORS 426.295
Discharge of committed persons
Release of committed person
Effect of protest of further commitment
Court hearing
Effect of ORS 426.217 and 426.301 to 426.307 on other discharge procedure
Reimbursement of county expenses for commitment proceedings involving nonresidents
Payment of certain expenses by the state
Presentation and payment of claims
Limitations on liability
Withholding information obtained in certain commitment or admission investigations
Availability of writ of habeas corpus
Rights of committed persons
Posting of statement of rights of committed persons
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
Definitions for ORS 426.490 to 426.500
Powers and duties of Oregon Health Authority
Definitions for ORS 426.502 to 426.508
Power of Oregon Health Authority to develop community housing for persons with chronic mental illness
Community Mental Health Housing Fund
Sale of F. H. Dammasch State Hospital
“Sexually dangerous person” defined
Voluntary admission to state institution
Treatment programs for sexually dangerous persons
Determination of sexually dangerous persons
Trial visits for probationer
Commitment of “extremely dangerous” person with qualifying mental disorder
Discharge from commitment of extremely dangerous person with qualifying mental disorder
Green check means up to date. Up to date