ORS 426.250
Payment of costs related to commitment proceedings


The following is a nonexclusive list of responsibilities for payment of various costs related to commitment proceedings under this chapter as described:

(1)

Any physician or qualified professional recommended by the Oregon Health Authority who is employed under ORS 426.110 (Appointment of examiners) to make an examination as to the mental condition of a person alleged to have a mental illness shall be allowed a fee as the court in its discretion determines reasonable for the examination.

(2)

Witnesses subpoenaed to give testimony shall receive the same fees as are paid in criminal cases, and are subject to compulsory attendance in the same manner as provided in ORS 136.567 (Issuance of subpoena for witnesses for defendant) to 136.603 (Payment of witness who is from outside state or is indigent). The attendance of out-of-state witnesses may be secured in the same manner as provided in ORS 136.623 (Definitions) to 136.637 (Short title). The party who subpoenas the witness or requests the court to subpoena the witness is responsible for payment of the cost of the subpoena and payment for the attendance of the witness at a hearing. When the witness has been subpoenaed on behalf of a person alleged to have a mental illness who is represented by appointed counsel, the fees and costs allowed for that witness shall be paid pursuant to ORS 135.055 (Compensation and expenses of appointed counsel). If the costs of witnesses subpoenaed by the person are paid as provided under this subsection, the procedure for subpoenaing witnesses shall comply with ORS 136.570 (Application for subpoenas for more than 10 witnesses).

(3)

If a person with a right to a counsel under ORS 426.100 (Advice of court), 426.701 (Commitment of “extremely dangerous” person with qualifying mental disorder) or 426.702 (Discharge from commitment of extremely dangerous person with qualifying mental disorder) is determined to be financially eligible for appointed counsel at state expense, the public defense services executive director shall determine and pay, as provided in ORS 135.055 (Compensation and expenses of appointed counsel), the reasonable expenses related to the representation of the person and compensation for legal counsel. The expenses and compensation so allowed shall be paid by the public defense services executive director from funds available for the purpose.

(4)

The authority shall pay the costs of expenses incurred under ORS 426.100 (Advice of court) by the Attorney General’s office. Any costs for district attorneys or other counsel appointed to assume responsibility for presenting the state’s case shall be paid by the county where the commitment hearing is held, subject to reimbursement under ORS 426.310 (Reimbursement of county expenses for commitment proceedings involving nonresidents).

(5)

All costs incurred in connection with a proceeding under ORS 426.180 (Emergency commitment of individuals in Indian country), 426.701 (Commitment of “extremely dangerous” person with qualifying mental disorder) or 426.702 (Discharge from commitment of extremely dangerous person with qualifying mental disorder), including the costs of transportation, commitment and delivery of the person, shall be paid by the community mental health program in the county of which the person is a resident. If the person is not a resident of this state, then the costs incurred in connection with the proceeding shall be paid by the community mental health program in the county from which the emergency admission was made.

(6)

All costs incurred in connection with a proceeding under ORS 426.180 (Emergency commitment of individuals in Indian country) for the commitment of a person from a reservation, including the cost of transportation, commitment and delivery of the person, shall be paid by the governing body of the reservation of which the person is a resident. [Amended by 1965 c.420 §2; 1975 c.690 §17; 1977 c.764 §6; 1987 c.606 §9; 1987 c.903 §§26,26a; 2001 c.962 §59; 2009 c.595 §412; 2011 c.720 §162; 2012 c.25 §4; 2013 c.360 §46; 2013 c.715 §9; 2015 c.785 §5]

Source: Section 426.250 — Payment of costs related to commitment proceedings, https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html.

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
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