ORS 426.223
Retaking persons in custody of or committed to Oregon Health Authority
  • assistance of peace officers and others

In retaking custody of a person with mental illness who has been committed to the Oregon Health Authority under ORS 426.130 (Court determination of mental illness) and who has, without lawful authority, left the custody of the facility to which the person has been assigned under ORS 426.060 (Commitment to Oregon Health Authority), or in the case of a person alleged to have a mental illness who is in custody under ORS 426.070 (Initiation), 426.095 (Commitment hearing), 426.228 (Custody) to 426.235 (Transfer between hospital and nonhospital facilities) or 426.237 (Prehearing detention) at a hospital or nonhospital facility and who has, without lawful authority, left the hospital or nonhospital facility, the facility director or designee has all the powers provided by ORS 133.225 (Arrest by private person) and 161.255 (Use of physical force by private person making citizen’s arrest) and may require the assistance of any peace officer or other authorized individual. [1975 c.690 §25; 1993 c.484 §20; 2009 c.595 §400; 2013 c.360 §37]

Last accessed
May. 15, 2020