Oregon Statutes 426.125 – Qualifications and requirements for conditional release
The following qualifications, requirements and other provisions relating to a conditional release under ORS § 426.130 apply as described:
Terms Used In Oregon Statutes 426.125
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(1) A court may only order conditional release if all of the following occur:
(a) The conditional release is requested by the legal guardian, relative or friend of the person with mental illness.
(b) The legal guardian, relative or friend requesting the conditional release requests to be allowed to care for the person during the period of commitment in a place satisfactory to the judge.
(c) The legal guardian, relative or friend requesting the release establishes all of the following to the satisfaction of the court:
(A) The ability of the legal guardian, relative or friend to care for the person.
(B) That there are adequate financial resources available for the care of the person.
(2) If the court determines to allow conditional release, the court shall order that the person be conditionally released and placed in the care of the requester. The court shall establish any terms and conditions on the conditional release that the court determines appropriate.
(3) Any conditional release ordered under this section is subject to the provisions under ORS § 426.275. [1987 c.903 § 18; 2013 c.360 § 28]