ORS 426.702
Discharge from commitment of extremely dangerous person with qualifying mental disorder
- requirements for further commitment
- protest and hearing
(1)
Intentionally left blank —Ed.(a)
At the end of the 24-month period of commitment described in ORS 426.701 (Commitment of “extremely dangerous” person with qualifying mental disorder), any person who remains committed under the jurisdiction of the Psychiatric Security Review Board shall be discharged, unless the board certifies to the court in the county in which the person was originally committed that the person is still extremely dangerous and suffers from a qualifying mental disorder that is resistant to treatment. The board, pursuant to its rules, may delegate to the superintendent of the state hospital or the director of the state or local mental health facility providing treatment to the person the responsibility for making the certification. If the certification is made, the person will not be released.(b)
The board may additionally certify that the person cannot be controlled in the community with proper care, medication, supervision and treatment on conditional release and must be committed to a state hospital. The board, pursuant to its rules, may delegate to the superintendent of the state hospital or the director of the state or local mental health facility providing treatment to the person the responsibility for making the additional certification.(2)
The certification shall immediately be served upon the person by the superintendent of the state hospital or the director of the state or local mental health facility providing treatment to the person. The superintendent or director 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 board, hospital or facility has requested that commitment be continued for an additional 24 months.(b)
That the person may protest this further commitment within 14 days, and that, if the person does not protest, the commitment will be continued for a maximum of 24 months.(c)
That the person may consult with legal counsel when deciding whether to protest the further commitment and that legal counsel will be provided for the person without cost if the person is without funds to retain legal counsel.(d)
That the person may protest a further period of commitment either orally or in writing by signing the form accompanying the certification.(e)
That if the person does protest a further period of commitment, the person is entitled to a hearing before the court to determine whether commitment should be continued.(f)
That the person is entitled to have a psychologist or psychiatrist, other than a member of the staff at the facility where the person is being treated, examine the person and report to the court the results of the examination at the hearing.(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 psychologist or psychiatrist for the hearing, the court will appoint legal counsel or an examining psychologist or psychiatrist.(4)
The person serving the certification shall read and deliver the certification to the person and ask whether the person protests a further period of commitment. The person may protest a further period of commitment and request a hearing 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 board, hospital or facility shall so notify the court, and the court shall, without further hearing, order the commitment of the person to the jurisdiction of the board for a maximum of 24 months. The court shall further order that the person be committed to a state hospital if a certification under subsection (1)(b) of this section has been made.(5)
When the person protests a further period of commitment and requests a hearing, the board, hospital or facility shall immediately notify the court, and the court shall have the person brought before it and shall again advise the person that the board, hospital or facility has requested that commitment be continued for an additional period of time and that if the person does not protest this commitment the commitment will be continued for a maximum of 24 months. The person shall also be informed of the rights set forth in subsection (3) of this section.(6)
If the person requests a hearing under subsections (4) and (5) of this section, the following provisions apply as described:(a)
The hearing shall be conducted as promptly as possible, but no more than 60 days from the date of the protest and request for a hearing, and at a time and place as the court may direct. Venue for the hearing is proper in the county in which the person was originally committed.(b)
While the hearing is pending, the person remains under the jurisdiction of the board and the person’s placement may continue.(c)
If the person requests a continuance in order to prepare for the hearing or to obtain legal counsel to represent the person, the court may grant postponement and order the continued detention of the person during postponement for an additional 30 days.(d)
The person has the right to representation by or appointment of legal counsel subject to ORS 135.055 (Compensation and expenses of appointed counsel), 151.216 (Duties) and 151.219 (Public defense services executive director).(e)
If the person requests an examination by a psychologist or psychiatrist and is without funds to retain a psychologist or psychiatrist for purposes of the examination, the court shall appoint a psychologist or psychiatrist, other than a member of the staff from the facility where the person is being treated, to examine the person at no expense to the person and to report to the court the results of the examination.(f)
The provisions of ORS 40.230 (Rule 504. Psychotherapist-patient privilege), 40.235 (Rule 504-1. Physician-patient privilege), 40.240 (Rule 504-2. Nurse-patient privilege), 40.250 (Rule 504-4. Regulated social worker-client privilege) and 179.505 (Disclosure of written accounts by health care services provider) do not apply to the use of medical records from the current period of commitment or to testimony related to such records or period of commitment in connection with hearings under this section. The court may consider as evidence such reports and testimony.(g)
Unless the court orders otherwise or either party objects, any party or witness may attend the hearing via simultaneous electronic transmission.(h)
The court shall then conduct a hearing. The court may take judicial notice of the findings regarding the act described in ORS 426.701 (Commitment of “extremely dangerous” person with qualifying mental disorder) (3)(a)(C) made by the court at the initial commitment. If, after hearing the evidence and reviewing the recommendations of the board and the state hospital or the state or local mental health facility providing treatment to the person, in the opinion of the court the person is still extremely dangerous and suffering from a qualifying mental disorder that is resistant to treatment by clear and convincing evidence, the court may order commitment to the jurisdiction of the board for an additional maximum of 24 months. The court shall further commit the person to a state hospital for custody, care and treatment if the court finds, by clear and convincing evidence, that the person cannot be controlled in the community with proper care, medication, supervision and treatment on conditional release.(i)
At the end of the 24-month period, the person shall be discharged unless the board, hospital or facility again certifies to the committing court that the person is still an extremely dangerous person with mental illness and in need of further treatment, in which event the procedures set forth in this section shall be followed. [2013 c.715 §3; 2013 c.715 §14; 2021 c.482 §2]
Source:
Section 426.702 — Discharge from commitment of extremely dangerous person with qualifying mental disorder; requirements for further commitment; protest and hearing, https://www.oregonlegislature.gov/bills_laws/ors/ors426.html.
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