Persons With Mental Illness

ORS 426.133
Assisted outpatient treatment

(1)

As used in ORS 426.005 (Definitions for ORS 426.005 to 426.390) to 426.390 (Construction), “assisted outpatient treatment” may not be construed to be a commitment under ORS 426.130 (Court determination of mental illness) and does not include taking a person into custody or the forced medication of a person.

(2)

A court may issue an order requiring a person to participate in assisted outpatient treatment if the court finds that the person:

(a)

(A) Is 18 years of age or older;

(B)

Has a mental disorder;

(C)

Will not obtain treatment in the community voluntarily; and

(D)

Is unable to make an informed decision to seek or to comply with voluntary treatment; and

(b)

As a result of being a person described in paragraph (a) of this subsection:

(A)

Is incapable of surviving safely in the community without treatment; and

(B)

Requires treatment to prevent a deterioration in the person’s condition that will predictably result in the person becoming a person with mental illness.

(3)

In determining whether to issue the order under subsection (2) of this section, the court shall consider, but is not limited to considering, the following factors:

(a)

The person’s ability to access finances in order to get food or medicine.

(b)

The person’s ability to obtain treatment for the person’s medical condition.

(c)

The person’s ability to access necessary resources in the community without assistance.

(d)

The degree to which there are risks to the person’s safety.

(e)

The likelihood that the person will decompensate without immediate care or treatment.

(f)

The person’s previous attempts to inflict physical injury on self or others.

(g)

The person’s history of mental health treatment in the community.

(h)

The person’s patterns of decompensation in the past.

(i)

The person’s risk of being victimized or harmed by others.

(j)

The person’s access to the means to inflict harm on self or others.

(4)

The community mental health program director may recommend to the court a treatment plan for a person participating in assisted outpatient treatment. The court may adopt the plan as recommended or with modifications.

(5)

As part of the order under subsection (2) of this section, the court may prohibit the person from purchasing or possessing a firearm during the period of assisted outpatient treatment 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 adds a firearm prohibition to an order under subsection (2) of this section, the court shall cause a copy of the order to be delivered to the sheriff of the county, who shall enter the information into the Law Enforcement Data System.

(6)

The court retains jurisdiction over the person until the earlier of the end of the period of the assisted outpatient treatment established under ORS 426.130 (Court determination of mental illness) (2) or until the court finds that the person no longer meets the criteria in subsection (2) of this section.

(7)

This section does not:

(a)

Prevent a court from appointing a guardian ad litem to act for the person; or

(b)

Require a community mental health program to provide treatment or services to, or supervision of, the person:

(A)

If the county lacks sufficient funds for such purposes; or

(B)

In the case of a county that has declined to operate or contract for a community mental health program, if the public agency or private corporation that contracts with the Oregon Health Authority to provide the program, as described in ORS 430.640 (Duties of Oregon Health Authority in assisting and supervising community mental health programs), lacks sufficient funds for such purposes. [2013 c.737 §2; 2015 c.50 §11; 2015 c.785 §1]
Note: 426.133 (Assisted outpatient treatment) was added to and made a part of 426.005 (Definitions for ORS 426.005 to 426.390) to 426.390 (Construction) by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.
§§ 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

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