Oregon Statutes 426.275 – Effect of failure to adhere to condition of placement
The following are applicable to placements of persons with mental illness that are made as conditional release under ORS § 426.125, outpatient commitments under ORS § 426.127 or trial visits under ORS § 426.273 as described:
Terms Used In Oregon Statutes 426.275
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) If the individual responsible under this subsection determines that a person with mental illness is failing to adhere to the terms and conditions of the placement, the responsible individual shall notify the court having jurisdiction that the person with mental illness is not adhering to the terms and conditions of the placement. If the placement is an outpatient commitment under ORS § 426.127 or a trial visit under ORS § 426.273, the notifications shall include a copy of the conditions for the placement. The individual responsible for notifying the court under this subsection is as follows:
(a) For conditional releases under ORS § 426.125, the guardian, relative or friend in whose care the person with mental illness is conditionally released.
(b) For outpatient commitments under ORS § 426.127, the community mental health program director, or designee of the director, of the county in which the person on outpatient commitment lives.
(c) For trial visits under ORS § 426.273, the community mental health program director, or designee of the director, of the county in which the person on trial visit is to receive outpatient treatment.
(2) On its own motion, the court with jurisdiction of a person with mental illness on placement may cause the person to be brought before it for a hearing to determine whether the person is or is not adhering to the terms and conditions of the placement. The person shall have the same rights with respect to notice, detention stay, hearing and counsel as for a hearing held under ORS § 426.095. The court shall hold the hearing within five judicial days of the date the person with mental illness receives notice under this section. The court may allow postponement and detention during postponement as provided under ORS § 426.095.
(3) Pursuant to the determination of the court upon hearing under this section, a person on placement shall either continue the placement on the same or modified conditions or shall be returned to the Oregon Health Authority for involuntary care and treatment on an inpatient basis subject to discharge at the end of the commitment period or as otherwise provided under this chapter.
(4) If the person on placement is living in a county other than the county of the court that established the current period of commitment under ORS § 426.130 during which the trial visit, conditional release or outpatient commitment takes place, the court establishing the current period of commitment shall transfer jurisdiction to the appropriate court of the county in which the person is living while on the placement and the court receiving the transfer shall accept jurisdiction.
(5) The court may proceed as provided in ORS § 426.307 or this section when the court:
(a) Receives notice under ORS § 426.070 or 426.228 to 426.235; and
(b) Determines that the person is a person with mental illness on conditional release under ORS § 426.125, outpatient commitment under ORS § 426.127 or trial visit under ORS § 426.273. [1985 c.242 § 3 (enacted in lieu of 426.290); 1987 c.903 § 29; 1993 c.484 § 22; 2009 c.595 § 414; 2011 c.720 § 163; 2013 c.360 § 49]