Oregon Revised Statutes

Or. Rev. Stat. § 426.070 (2026)

Initiation; notification required; recommendation to court; citation; warrant of detention

✓ current as of May 2026

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426.070 Initiation; notification required; recommendation to court; citation; warrant of detention. (1) Any of the following may initiate commitment procedures under this section by giving the notice described under subsection (2) of this section:

(a) Two persons;

(b) The local health officer; or

(c) A magistrate mentioned in ORS 133.030 or a judge of a court of a federally recognized Indian tribe located in this state.

(2) For purposes of subsection (1) of this section, the notice must comply with the following:

(a) It must be in writing under oath;

(b) It must be given to the community mental health program director or a designee of the director in the county where the person alleged to have a mental illness resides;

(c) It must state that a person within the county other than the person giving the notice has a mental illness and is in need of treatment, care or custody;

(d) If the commitment proceeding is initiated by two persons under subsection (1)(a) of this section, it may include a request that the court notify the two persons:

(A) Of the issuance or nonissuance of a warrant under this section; or

(B) Of the court’s determination under ORS 426.130; and

(e) If the notice contains a request under paragraph (d) of this subsection, it must also include the addresses of the two persons making the request.

(3) Upon receipt of a notice under subsections (1) and (2) of this section or when notified by a circuit court that the court received notice under ORS 426.234, the community mental health program director, or designee of the director, shall:

(a) Immediately notify the judge of the court having jurisdiction for that county under ORS 426.060 of the notification described in subsections (1) and (2) of this section.

(b) Immediately notify the Oregon Health Authority if commitment is proposed because the person appears to be a person who is in need of treatment because of a chronic mental disorder, as described in ORS 426.131 (5). When such notice is received, the authority may verify, to the extent known by the authority, whether or not the person meets the criteria described in ORS 426.131 (5) and so inform the community mental health program director or designee of the director.

(c) Initiate an investigation under ORS 426.074 to determine whether there is probable cause to believe that the person in fact has a mental illness and is in need of treatment.

(4) Upon completion, a recommendation based upon the investigation report under ORS 426.074 shall be promptly submitted to the court. If the community mental health program director determines that probable cause does not exist to believe that a person released from detention under ORS 426.234 (2)(c) or (3)(b) has a mental illness and is in need of treatment, the community mental health program director may recommend assisted outpatient treatment in accordance with ORS 426.133.

(5) When the court receives notice under subsection (3) of this section:

(a) If the court, following the investigation, concludes that there is probable cause to believe that the person investigated has a mental illness and is in need of treatment, it shall, through the issuance of a citation as provided in ORS 426.090, cause the person to be brought before it at a time and place as it may direct, for a hearing under ORS 426.095 to determine whether the person has a mental illness and is in need of treatment. The person shall be given the opportunity to appear voluntarily at the hearing unless the person fails to appear or unless the person is detained pursuant to paragraph (b) of this subsection.

(b)(A) If the court finds that there is probable cause to believe that failure to take the person into custody pending the investigation or hearing would pose serious harm or danger to the person or to others, the court may issue a warrant of detention to the community mental health program director or designee or the sheriff of the county or designee directing the director, sheriff or a designee to take the person alleged to have a mental illness into custody and produce the person at the time and place stated in the warrant.

(B) At the time the person is taken into custody, the person shall be informed by the community mental health program director, the sheriff or a designee of the following:

(i) The person’s rights with regard to representation by or appointment of counsel as described in ORS 426.100;

(ii) The warning under ORS 426.123; and

(iii) The person’s right, if the community mental health program director, sheriff or designee reasonably suspects that the person is a foreign national, to communicate with an official from the consulate of the person’s country. A community mental health program director, sheriff or designee is not civilly or criminally liable for failure to provide the information required by this sub-subparagraph. Failure to provide the information required by this sub-subparagraph does not in itself constitute grounds for the exclusion of evidence that would otherwise be admissible in a proceeding.

(c) If the notice includes a request under subsection (2)(d)(A) of this section, the court shall notify the two persons of the issuance or nonissuance of a warrant under this subsection. [Amended by 1957 c.329 §1; 1967 c.534 §20; 1973 c.838 §3; 1975 c.690 §2; 1979 c.408 §1; 1983 c.740 §149; 1987 c.903 §7; 1989 c.993 §4; 1993 c.484 §26; 1995 c.201 §2; 1995 c.498 §1; 2003 c.14 §235; 2003 c.109 §3; 2009 c.595 §385; 2009 c.828 §26; 2013 c.360 §18; 2013 c.737 §3; 2015 c.461 §2; 2015 c.736 §66; 2019 c.247 §1; 2025 c.559 §6]

Notes of Decisions

Cited in 82 cases (23 in the last 5 years), 1959–2026 · leading case: State v. K.J.B. (In re K.J.B.), 416 P.3d 291 (Or. 2018).

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State v. K.J.B. (In re K.J.B.), 416 P.3d 291 (Or. 2018). · cites it 2× “At that point, the trial judge entered a notice of mental illness, triggering the civil commitment process under ORS 426.070 to ORS 426.415. At the civil commitment hearing, the state asserted that petitioner should be committed on the grounds that he was dangerous to himself,…”

State v. B. L. W., 560 P.3d 766 (Or. Ct. App. 2024). · cites it 3× “070(1)(a); and (2) by proceeding on the notification because ORS 426.070 required the notification to go to the community mental health direc- tor, not the court.”

State v. Johansen, 866 P.2d 470 (Or. Ct. App. 1993). · cites it 10× “[4] ORS 426.070 sets out the initiation and notification requirements: "(1) Any of the following may initiate the commitment procedures under this section by giving notice described under subsection (2) of this section: "(a) Two persons; "(b) The county health officer; or "(c)…”

O'Neill v. O'Neill, 545 P.2d 97 (Or. 1976). · cites it 2× “* * * [T]he judge shall immediately commence proceedings pursuant to ORS 426.070 to 426.130. * ¡ft s{c sic » 5 Mr.”

State v. Pieretti, 823 P.2d 426 (Or. Ct. App. 1991). · cites it 4× “095(2) provides, in part: “(a) Except as provided by paragraph (b) or (c) of this subsection, a hearing shall be held five judicial days from the day a "court under ORS 426.070 issues a citation provided under ORS 426.”

State v. Roberts, 52 P.3d 1123 (Or. Ct. App. 2002). · cites it 2× “The record reveals only that on May 15, 2001, she was involuntarily hospitalized because, according to the “notification of mental illness,” ORS 426.070(2), she was “wandering — confused—disorganized.”

State Ex Rel. Juv. Dep't v. Ashley, 818 P.2d 1270 (Or. 1991). · cites it 2× “"(d) There is no privilege under this section with regard to any confidential communication or record of such confidential communication that would otherwise be privileged under this section when the use of the communication or record is allowed specifically under ORS 426.070,…”

Matter of Nesbitt, 541 P.2d 1055 (Or. Ct. App. 1975). · cites it 6× “Nesbitt appeals from an order made in a proceeding under ORS 426.070 through 426.170 committihg him to the custody of the Mental Health Division as a “mentally ill person.”

State v. Turel, 48 P.3d 175 (Or. Ct. App. 2002). · cites it 2× “Josanne Stedmann, the director of social services at the care center, and Ai Le, the primary RN at the care center, filed a two-person notification of mental illness pursuant to ORS 426.070(l)(a). 2 The precommitment investigator’s report stated that appellant became angry when…”

State v. T. L., 346 Or. App. 414 (Or. Ct. App. 2026). · cites it 4× “On Thursday, September 19, 2024, the circuit court issued an order for citation, stating that an investigation had been conducted pursuant to ORS 426.070 and that the court had determined that probable cause existed to believe that appellant was a person with mental illness.”

Mesch v. Unity Ctr. for Behavioral Health, 349 Or. App. 463 (Or. Ct. App. 2026). · cites it 4× “In describing the various requirements that a licensed indepen- dent practitioner must do, the statute specifically provides: “If, at any time prior to the hearing under ORS 426.070 to 426.170, the licensed independent practitioner responsi- ble for a person admitted or retained…”

State v. Miller, 107 P.3d 683 (Or. Ct. App. 2005). “1 The state also attempts to rely on the notification of mental illness form, see ORS 426.070, as evidence that appellant was dehydrated and had not eaten.”

Show all 82 citing cases →

— Or. Rev. Stat. § 426.070(1) — 4 cases

Matter of Nesbitt, 541 P.2d 1055 (Or. Ct. App. 1975). “Nesbitt appeals from an order made in a proceeding under ORS 426.070 through 426.170 committihg him to the custody of the Mental Health Division as a “mentally ill person.”

State v. Pieretti, 823 P.2d 426 (Or. Ct. App. 1991). “095(2) provides, in part: “(a) Except as provided by paragraph (b) or (c) of this subsection, a hearing shall be held five judicial days from the day a "court under ORS 426.070 issues a citation provided under ORS 426.”

State v. K. G., 544 P.3d 403 (Or. Ct. App. 2024).

State v. Stephens, 541 P.2d 1052 (Or. Ct. App. 1975).

— Or. Rev. Stat. § 426.070(1)(a) — 4 cases

State v. B. L. W., 560 P.3d 766 (Or. Ct. App. 2024). “070(1)(a); and (2) by proceeding on the notification because ORS 426.070 required the notification to go to the community mental health direc- tor, not the court.”

State v. G. L., 243 P.3d 469 (Or. Ct. App. 2010).

State v. GL, 243 P.3d 469 (Or. Ct. App. 2010).

State v. JDC, 204 P.3d 162 (Or. Ct. App. 2009).

— Or. Rev. Stat. § 426.070(2) — 4 cases

State v. Roberts, 52 P.3d 1123 (Or. Ct. App. 2002). “The record reveals only that on May 15, 2001, she was involuntarily hospitalized because, according to the “notification of mental illness,” ORS 426.070(2), she was “wandering — confused—disorganized.”

State v. Johansen, 866 P.2d 470 (Or. Ct. App. 1993). “[4] ORS 426.070 sets out the initiation and notification requirements: "(1) Any of the following may initiate the commitment procedures under this section by giving notice described under subsection (2) of this section: "(a) Two persons; "(b) The county health officer; or "(c)…”

State v. Lee, 846 P.2d 424 (Or. Ct. App. 1993).

— Or. Rev. Stat. § 426.070(2)(b) — 1 case

Sulliger v. Lane Cnty., 79 P.3d 888 (Or. Ct. App. 2003).

— Or. Rev. Stat. § 426.070(2)(c) — 1 case

State v. K.J.B. (In re K.J.B.), 416 P.3d 291 (Or. 2018). “At that point, the trial judge entered a notice of mental illness, triggering the civil commitment process under ORS 426.070 to ORS 426.415. At the civil commitment hearing, the state asserted that petitioner should be committed on the grounds that he was dangerous to himself,…”

— Or. Rev. Stat. § 426.070(2)(d)(B) — 2 cases

State v. J. D. C., 204 P.3d 162 (Or. Ct. App. 2009).

State v. JDC, 204 P.3d 162 (Or. Ct. App. 2009).

— Or. Rev. Stat. § 426.070(3) — 6 cases

Mesch v. Unity Ctr. for Behavioral Health, 349 Or. App. 463 (Or. Ct. App. 2026). “In describing the various requirements that a licensed indepen- dent practitioner must do, the statute specifically provides: “If, at any time prior to the hearing under ORS 426.070 to 426.170, the licensed independent practitioner responsi- ble for a person admitted or retained…”

State v. Smith, 692 P.2d 120 (Or. Ct. App. 1984).

Matter of Matthews, 613 P.2d 88 (Or. Ct. App. 1980).

Deming v. Mt. Hood Cmty. Mental Health Ctr., 875 P.2d 484 (Or. Ct. App. 1994).

— Or. Rev. Stat. § 426.070(3)(a) — 1 case

— Or. Rev. Stat. § 426.070(3)(c) — 4 cases

State v. T. L., 346 Or. App. 414 (Or. Ct. App. 2026). “On Thursday, September 19, 2024, the circuit court issued an order for citation, stating that an investigation had been conducted pursuant to ORS 426.070 and that the court had determined that probable cause existed to believe that appellant was a person with mental illness.”

State v. C. C. N., 555 P.3d 346 (Or. Ct. App. 2024).

State v. C. C. N. (Or. Ct. App. 2024).

State v. T. L., 346 Or. App. 414 (Or. Ct. App. 2026).

— Or. Rev. Stat. § 426.070(4) — 8 cases

Matter of Fletcher, 654 P.2d 1121 (Or. Ct. App. 1982).

Matter of Matthews, 613 P.2d 88 (Or. Ct. App. 1980).

State v. K. G., 544 P.3d 403 (Or. Ct. App. 2024).

State v. G. L., 243 P.3d 469 (Or. Ct. App. 2010).

— Or. Rev. Stat. § 426.070(5) — 8 cases

O'Neill v. O'Neill, 545 P.2d 97 (Or. 1976). “* * * [T]he judge shall immediately commence proceedings pursuant to ORS 426.070 to 426.130. * ¡ft s{c sic » 5 Mr.”

State v. C. C. N., 555 P.3d 346 (Or. Ct. App. 2024).

— Or. Rev. Stat. § 426.070(5)(a) — 13 cases

State v. P. B. S., 527 P.3d 815 (Or. Ct. App. 2023).

State v. R. E. F. (In re R. E. F.), 447 P.3d 56 (Or. Ct. App. 2019).

— Or. Rev. Stat. § 426.070(5)(b) — 1 case

Sulliger v. Lane Cnty., 79 P.3d 888 (Or. Ct. App. 2003).

— Or. Rev. Stat. § 426.070(5)(b)(A) — 3 cases

State v. R. E. J., 474 P.3d 461 (Or. Ct. App. 2020).

State v. M. D., 342 Or. App. 539 (Or. Ct. App. 2025).

— Or. Rev. Stat. § 426.070(l) — 1 case

State v. Stephens, 541 P.2d 1052 (Or. Ct. App. 1975).

— Or. Rev. Stat. § 426.070(l)(a) — 2 cases

State v. Turel, 48 P.3d 175 (Or. Ct. App. 2002). “Josanne Stedmann, the director of social services at the care center, and Ai Le, the primary RN at the care center, filed a two-person notification of mental illness pursuant to ORS 426.070(l)(a). 2 The precommitment investigator’s report stated that appellant became angry when…”

State v. J. D. C., 204 P.3d 162 (Or. Ct. App. 2009).

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