ORS 426.301
Release of committed person
- certification of continued mental illness
- service of certificate
- content
- period of further commitment
- effect of failure to protest further commitment
(1)
At the end of the 180-day period of commitment, any person whose status has not been changed to voluntary shall be released unless the Oregon Health Authority certifies to the court in the county where the treating facility is located that the person is still a person with mental illness and is in need of further treatment. The authority, pursuant to its rules, may delegate to the director of the treating facility the responsibility for making the certification. The director of the treating facility shall consult with the community mental health program director of the county of residence prior to making the certification. If the certification is made, the person will not be released, but the director of the treating facility shall immediately issue a copy of the certification to the person and to the community mental health program director of the county of residence.(2)
The certification shall be served upon the person by the director of the facility where the person is confined or by the designee of the director. The director of the facility shall inform the court in writing that service has been made and the date thereof.(3)
The certification shall advise the person of all the following:(a)
That the authority or facility has requested that commitment be continued for an additional period of time.(b)
That the person may consult with legal counsel and that legal counsel will be provided for the person without cost if the person is unable to afford legal counsel.(c)
That the person may protest this further period of commitment within 14 days, and if the person does not protest the further commitment, commitment will be continued for an indefinite period of time up to 180 days.(d)
That if the person does protest a further period of commitment, the person is entitled to a hearing before the court on whether commitment should be continued.(e)
That the person may protest either orally or in writing by signing the form accompanying the certification.(f)
That the person is entitled to have a physician or other qualified professional as recommended by the authority, other than a member of the staff at the facility where the person is confined, examine the person and report to the court the results of the examination.(g)
That the person may subpoena witnesses and offer evidence on behalf of the person at the hearing.(h)
That if the person is without funds to retain legal counsel or an examining physician or qualified professional as recommended by the authority, the court will appoint legal counsel, a physician or other qualified professional.(4)
Nothing in subsection (3) of this section requires the giving of the warning under ORS 426.123 (Observation of person in custody).(5)
When serving the certification upon the person, the authority shall read and deliver the certification to the person and ask whether the person protests a further period of commitment. The person may protest further commitment either orally or by signing a simple protest form to be given to the person with the certification. If the person does not protest a further period of commitment within 14 days of service of the certification, the authority or facility shall so notify the court and the court shall, without further hearing, order the commitment of the person for an additional indefinite period of time up to 180 days. [1973 c.838 §15; 1975 c.690 §19; 1987 c.903 §32; 2001 c.962 §60; 2009 c.595 §418; 2013 c.360 §54]
Source:
Section 426.301 — Release of committed person; certification of continued mental illness; service of certificate; content; period of further commitment; effect of failure to protest further commitment, https://www.oregonlegislature.gov/bills_laws/ors/ors426.html.
Law Review Citations
53 OLR 245-270 (1974)
Up to date