Persons With Mental Illness

ORS 426.275
Effect of failure to adhere to condition of placement


The following are applicable to placements of persons with mental illness that are made as conditional release under ORS 426.125 (Qualifications and requirements for conditional release), outpatient commitments under ORS 426.127 (Outpatient commitment) or trial visits under ORS 426.273 (Trial visits) as described:

(1)

If the individual responsible under this subsection determines that a person with mental illness is failing to adhere to the terms and conditions of the placement, the responsible individual shall notify the court having jurisdiction that the person with mental illness is not adhering to the terms and conditions of the placement. If the placement is an outpatient commitment under ORS 426.127 (Outpatient commitment) or a trial visit under ORS 426.273 (Trial visits), the notifications shall include a copy of the conditions for the placement. The individual responsible for notifying the court under this subsection is as follows:

(a)

For conditional releases under ORS 426.125 (Qualifications and requirements for conditional release), the guardian, relative or friend in whose care the person with mental illness is conditionally released.

(b)

For outpatient commitments under ORS 426.127 (Outpatient commitment), the community mental health program director, or designee of the director, of the county in which the person on outpatient commitment lives.

(c)

For trial visits under ORS 426.273 (Trial visits), the community mental health program director, or designee of the director, of the county in which the person on trial visit is to receive outpatient treatment.

(2)

On its own motion, the court with jurisdiction of a person with mental illness on placement may cause the person to be brought before it for a hearing to determine whether the person is or is not adhering to the terms and conditions of the placement. The person shall have the same rights with respect to notice, detention stay, hearing and counsel as for a hearing held under ORS 426.095 (Commitment hearing). The court shall hold the hearing within five judicial days of the date the person with mental illness receives notice under this section. The court may allow postponement and detention during postponement as provided under ORS 426.095 (Commitment hearing).

(3)

Pursuant to the determination of the court upon hearing under this section, a person on placement shall either continue the placement on the same or modified conditions or shall be returned to the Oregon Health Authority for involuntary care and treatment on an inpatient basis subject to discharge at the end of the commitment period or as otherwise provided under this chapter.

(4)

If the person on placement is living in a county other than the county of the court that established the current period of commitment under ORS 426.130 (Court determination of mental illness) during which the trial visit, conditional release or outpatient commitment takes place, the court establishing the current period of commitment shall transfer jurisdiction to the appropriate court of the county in which the person is living while on the placement and the court receiving the transfer shall accept jurisdiction.

(5)

The court may proceed as provided in ORS 426.307 (Court hearing) or this section when the court:

(a)

Receives notice under ORS 426.070 (Initiation) or 426.228 (Custody) to 426.235 (Transfer between hospital and nonhospital facilities); and

(b)

Determines that the person is a person with mental illness on conditional release under ORS 426.125 (Qualifications and requirements for conditional release), outpatient commitment under ORS 426.127 (Outpatient commitment) or trial visit under ORS 426.273 (Trial visits). [1985 c.242 §3 (enacted in lieu of 426.290); 1987 c.903 §29; 1993 c.484 §22; 2009 c.595 §414; 2011 c.720 §163; 2013 c.360 §49]

Notes of Decisions

State is not required to prove that person remains mentally ill at time of revocation hearing. State v. Bryant, 127 Or App 68, 871 P2d 129 (1994), Sup Ct review denied

Court is not required to provide same explanation of rights required to be given in initial commitment proceeding. State v. Vonahlefeld, 140 Or App 248, 914 P2d 1104 (1996)

§§ 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