Persons With Intellectual or Developmental Disabilities

ORS 427.285
Witnesses required at hearing

  • cross-examination


The investigator and other appropriate persons or professionals as necessary shall appear at the hearing and present the evidence. The person alleged to have an intellectual disability and to be in need of commitment for residential care, treatment and training shall have the right to cross-examine all witnesses, the investigator and the representative. [1979 c.683 §23; 2011 c.658 §20]

Notes of Decisions

Presence of investigator at hearing is mandatory. State v. Neal, 150 Or App 432, 946 P2d 367 (1997)

Chapter 427

Notes of Decisions

Former commitment provisions of this chapter were constitutional. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Standard of proof in former version of this chapter was proof "beyond a reasonable doubt." State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

As commitment proceeding is not criminal matter, principle of double jeopardy has no application. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Atty. Gen. Opinions

Preemption of the Oregon Revised Statutes by the provisions of the Interstate Compact, (1973) Vol 36, p 297; civil commitment to Mental Health Division of person against whom criminal charges are pending, (1980) Vol 41, p 91

Law Review Citations

16 WLR 439 (1979)


Source

Last accessed
Jun. 26, 2021