426.060
Commitment to Oregon Health Authority; powers of authority; placement;
transfer. (1)
Commitments to the Oregon Health Authority shall be made only by the judge of a
circuit court in a county of this state.
(2) The following
is a nonexclusive list of powers the authority may exercise concerning the
placement of persons committed or persons receiving emergency care and
treatment under ORS 426.070, 426.077 or 426.228 to 426.235:
(a) In its
discretion and for reasons which are satisfactory to the authority, the
authority may direct any court-committed person to the facility best able to
treat the person. The decision of the authority on such matters shall be final.
(b) At any time,
for good cause and in the best interest of the person with mental illness, the
authority may transfer a committed person from one facility to another. When
transferring a person under this paragraph, the authority shall make the
transfer:
(A) If the
transfer is from a facility in one class to a facility of the same class, as
provided by rule of the authority;
(B) If the
transfer is from a facility in one class to a facility in a less restrictive
class, by following the procedures for trial visits under ORS 426.273; and
(C) If the
transfer is from a facility in one class to a facility in a more restrictive
class, by following the procedures under ORS 426.275.
(c) At any time,
for good cause and in the best interest of the person with mental illness, the
authority may transfer a person receiving emergency care and treatment under
ORS 426.070 or 426.228 to 426.235, or diversion from commitment under ORS
426.077, between hospitals and nonhospital facilities approved by the authority
to provide emergency care or treatment as defined by rule of the authority.
(d) Pursuant to
its rules, the authority may delegate to a community mental health program
director the responsibility for assignment of persons with mental illness to
suitable facilities or transfer between such facilities under conditions which
the authority may define. [Amended by 1955 c.651 §6; 1963 c.254 §1; 1967 c.534 §19;
1973 c.838 §2; 1975 c.690 §1; 1987 c.903 §6; 1993 c.484 §12; 2009 c.595 §384;
2013 c.360 §17; 2025 c.559 §19]
(Commitment Procedure)
Notes of Decisions
Cited in
22
cases (
3 in the last 5 years), 1972–2026 · leading case:
State v. Hilliard, 98 P.3d 767 (Or. Ct. App. 2004).
State v. Hilliard, 98 P.3d 767 (Or. Ct. App. 2004).
· cites it 5× “1 Second, he argues that the evidence is insufficient to meet the state’s burden of proving, by clear and convincing evidence, that he had been “committed” twice within the previous three years pursuant to ORS 426.060, a condition that appellant argues is required to satisfy the…”
O'Neill v. O'Neill, 545 P.2d 97 (Or. 1976).
“3 See ORS 426.060(1) (commitments made by court having probate jurisdiction); ORS 111.”
State v. Bunting, 826 P.2d 1060 (Or. Ct. App. 1992).
“495; “(B) Within the previous three years, has twice been placed in a hospital or approved inpatient facility by the division under ORS 426.060; “(C) Is exhibiting symptoms or behavior substantially similar to those that preceded and led to one or more of the hospitalizations or…”
State v. Stanley, 843 P.2d 1018 (Or. Ct. App. 1992).
· cites it 2× “495; "(B) Within the previous three years, has twice been placed in a hospital or approved inpatient facility by the division under ORS 426.060; "(C) Is exhibiting symptoms or behavior substantially similar to those that preceded and led to one or more of the hospitalizations or…”
State v. Johansen, 866 P.2d 470 (Or. Ct. App. 1993).
· cites it 2× “495; "(B) Within the previous three years, has twice been placed in a hospital or approved inpatient facility by the division under ORS 426.060; "(C) Is exhibiting symptoms or behavior substantially similar to those that preceded and led to one or more of the hospitalizations or…”
State v. Shorett, 95 P.3d 1146 (Or. Ct. App. 2004).
“Although such an agency formerly existed and was authorized under ORS 426.060 (1999) to receive committed individuals, the statute was amended in 2001 to refer instead to the Department of Human Services.”
Adams v. Pub. Employees Ret. Bd., 42 P.3d 911 (Or. Ct. App. 2002).
“ORS 426.060. Other statutes address the placement of mentally ill persons who have been arrested or convicted of crimes.”
State v. Lopes, 322 P.3d 512 (Or. 2014).
“495; “(ii) Who, within the previous three years, has twice been placed in a hospital or approved inpatient facility by the authority or the Department of Human Services under ORS 426.060; “(iii) Who is exhibiting symptoms or behavior substantially similar to those that preceded…”
Matter of Jepson, 617 P.2d 284 (Or. Ct. App. 1980).
“3 ORS 426.060(1); State v. O’Neill, 274 Or 59 , 545 P2d 97 (1976); State v.”
State v. Nance, 735 P.2d 1271 (Or. Ct. App. 1987).
“On de novo review, ORS 426.060(1); ORS 111.205; State v. O’Neill, 274 Or 59, 61 , 545 P2d 97 (1976), we reverse.”
State v. Collman, 497 P.2d 1233 (Or. Ct. App. 1972).
“⑩ This court is cognizant that under present procedure court reporters are seldom present at commitment hearings, and that some courts before which hearings are conducted have no reporters, apparently because ORS 426.060 permits county courts to hear such matters.”
State v. G. L., 243 P.3d 469 (Or. Ct. App. 2010).
“495; *554 “(ii) Who, within the previous three years, has twice been placed in a hospital or approved inpatient facility by the department under ORS 426.060; “(iii) Who is exhibiting symptoms or behavior substantially similar to those that preceded and led to one or more of the…”
— Or. Rev. Stat. § 426.060(1) — 5 cases
O'Neill v. O'Neill, 545 P.2d 97 (Or. 1976).
“3 See ORS 426.060(1) (commitments made by court having probate jurisdiction); ORS 111.”
Matter of Jepson, 617 P.2d 284 (Or. Ct. App. 1980).
“3 ORS 426.060(1); State v. O’Neill, 274 Or 59 , 545 P2d 97 (1976); State v.”
State v. Nance, 735 P.2d 1271 (Or. Ct. App. 1987).
“On de novo review, ORS 426.060(1); ORS 111.205; State v. O’Neill, 274 Or 59, 61 , 545 P2d 97 (1976), we reverse.”
— Or. Rev. Stat. § 426.060(2) — 2 cases
— Or. Rev. Stat. § 426.060(2)(a) — 2 cases
— Or. Rev. Stat. § 426.060(2)(b) — 1 case
— Or. Rev. Stat. § 426.060(2)(b)(A) — 1 case
— Or. Rev. Stat. § 426.060(2)(b)(B) — 1 case
— Or. Rev. Stat. § 426.060(2)(b)(C) — 1 case
— Or. Rev. Stat. § 426.060(2)(d) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.