ORS Chapter 426

TITLE 35

MENTAL HEALTHAND DEVELOPMENTAL DISABILITIES;

ALCOHOL AND DRUGABUSE

Chapter 426. PersonsWith Mental Illness; Sexually Dangerous Persons

427. PersonsWith Mental Retardation; Persons With Developmental Disabilities

428. NonresidentPersons With Mental Disabilities

430. MentalHealth; Developmental Disabilities; Alcohol and Drug Programs

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Chapter 426 — PersonsWith Mental Illness; Sexually Dangerous Persons

2009 EDITION

MENTALLYILL AND SEXUALLY DANGEROUS PERSONS

MENTALHEALTH; ALCOHOL AND DRUG ABUSE

PERSONSWITH MENTAL ILLNESS

(Definitions)

426.005 Definitionsfor ORS 426.005 to 426.390

(Hospitals)

426.010 Statehospitals for mentally ill persons

426.020 Superintendent;chief medical officer

426.060 Commitmentto Oregon Health Authority; powers of authority; placement; transfer

(CommitmentProcedure)

426.070 Initiation;notification required; recommendation to court; citation

426.072 Custody;care; responsibilities of treating physician; rules

426.074 Investigation;procedure; content; report

426.075 Noticeand records of treatment prior to hearing; procedures

426.080 Executionand return of citation or warrant of detention

426.090 Citation;service

426.095 Commitmenthearing; postponement; right to cross-examine; admissibility of investigationreport

426.100 Adviceof court; appointment of legal counsel; costs; representation of state’sinterest

426.110 Appointmentof examiners; qualifications; costs

426.120 Examinationreport; rules

426.123 Observationof person in custody; warning; evidence

426.125 Qualificationsand requirements for conditional release

426.127 Outpatientcommitment

426.129 Communityliaison

426.130 Courtdetermination of mental illness; discharge; release for voluntary treatment;conditional release; commitment; prohibition relating to firearms; period ofcommitment

426.135 Counselon appeal; costs of appeal

426.140 Placeof confinement; attendant

426.150 Transportationto treatment facility

426.155 Releaseof information about person held in custody pending commitment proceeding orwhile committed or recommitted

426.160 Recordof proceedings; information transmitted to state police

426.170 Deliveryof certified copy of record

(Emergencyand Voluntary Admissions)

426.180 Emergencycommitment of certain Native Americans

426.190 Admissionon emergency commitment

426.200 Dutiesfollowing emergency admission; application for voluntary admission; courtcommitment

426.210 Limitof detention after commitment in emergency proceedings

426.217 Changeof status of committed patient to voluntary patient; effect of change

426.220 Voluntaryadmission; leave of absence; notice to parent or guardian

426.223 Retakingpersons in custody of or committed to Oregon Health Authority; assistance ofpeace officers and others

426.225 Voluntaryadmission to state hospital of committed person; examination by physician

(EmergencyCare and Treatment)

426.228 Custody;authority of peace officers and other persons; transporting to facility;reports; examination of person

426.231 Physicianhold; when authorized; statement required

426.232 Physicianemergency admission; notice; limit of hold

426.233 Authorityof community mental health program director and of other persons; costs oftransportation

426.234 Dutiesof professionals at facility where person admitted; notification; duties ofcourt

426.235 Transferbetween hospital and nonhospital facilities

426.236 Rules

426.237 Prehearingdetention; duties of community mental health program director; certificationfor treatment; court proceedings

426.238 Classifyingfacilities

(Costs)

426.241 Paymentof care, custody and treatment costs; denial of payment; rules

426.250 Paymentof costs related to commitment proceedings

426.255 Countyto pay costs

(TrialVisits; Conditional Release; Outpatient Commitment; Early Release)

426.273 Trialvisits

426.275 Effectof failure to adhere to condition of placement

426.278 Distributionof copies of conditions for outpatient commitment or trial visit

426.292 Releaseprior to expiration of term of commitment

(Competencyand Discharge)

426.295 Judicialdetermination of competency; restoration of competency

426.297 Paymentof expenses for proceeding under ORS 426.295

426.300 Dischargeof patients; application for public assistance

426.301 Releaseof committed patient; certification of continued mental illness; service ofcertificate; content; period of further commitment; effect of failure toprotest further commitment

426.303 Effectof protest of further commitment; advice of court

426.307 Courthearing; continuance; attorney; examination; determination of mental illness;order of further commitment; period of commitment

426.309 Effectof ORS 426.217 and 426.301 to 426.307 on other discharge procedure

(Miscellaneous)

426.310 Reimbursementof county in case of nonresident patients

426.320 Paymentof certain expenses by the state

426.330 Presentationand payment of claims

426.335 Limitationson liability

426.370 Withholdinginformation obtained in certain commitment or admission investigations

426.380 Availabilityof writ of habeas corpus

426.385 Rightsof committed persons

426.390 Construction

426.395 Postingof statement of rights of committed persons

(Licensingof Persons Who May Order Restraint or Seclusion)

426.415 Licensingof persons who may order and oversee use of restraint and seclusion infacilities providing mental health treatment to individuals under 21 years ofage; rules

PERSONSWITH CHRONIC MENTAL ILLNESS

(Generally)

426.490 Policy

426.495 Definitionsfor ORS 426.490 to 426.500; rules

426.500 Powersand duties of Oregon Health Authority; rules

(CommunityHousing)

426.502 Definitionsfor ORS 426.502 to 426.508

426.504 Powerof Oregon Health Authority to develop community housing for persons withchronic mental illness; sale of community housing; conditions

426.506 CommunityMental Health Housing Fund; Community Housing Trust Account; report

426.508 Saleof F. H. Dammasch State Hospital; fair market value; redevelopment of property;property reserved for community housing

SEXUALLYDANGEROUS PERSONS

426.510 “Sexuallydangerous person” defined

426.650 Voluntaryadmission to state institution; rules

426.670 Treatmentprograms for sexually dangerous persons

426.675 Determinationof sexually dangerous persons; custody pending sentencing; hearing; sentencing;rules