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:
(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]
Notes of Decisions
Cited in
17
cases (
7 in the last 5 years), 1992–2025 · leading case:
State v. Lott, 122 P.3d 97 (Or. Ct. App. 2005).
State v. Lott, 122 P.3d 97 (Or. Ct. App. 2005).
· cites it 4× “In that regard, we note that appellant's mother could have sought appellant's conditional release to her care in Texas under ORS 426.125. [4] However, appellant's mother made no such request.”
State v. Hilliard, 98 P.3d 767 (Or. Ct. App. 2004).
· cites it 2× “If the court finds the person to be mentally ill, the court may order the person conditionally released, subject to the requirements of ORS 426.125. ORS 426.130(l)(b)(B). A person who is conditionally released is not committed to DHS for treatment.”
State v. J. R. S., 539 P.3d 341 (Or. Ct. App. 2023).
““(B) May order conditional release under this subparagraph subject to the qualifications and requirements under ORS 426.125. If the court orders conditional release under this subparagraph, the court shall establish a period of commitment for the conditional release.”
State v. Doe, 840 P.2d 727 (Or. Ct. App. 1992).
““(B) May order conditional release under this subparagraph subject to the qualifications and requirements under ORS 426.125. * * * “(C) May order commitment of the individual to the division for treatment, if, in the opinion of the court, sub-paragraph (A) or (B) of this…”
State v. Gill, 853 P.2d 304 (Or. Ct. App. 1993).
· cites it 2× “ORS 426.125. She argues that the trial court failed to make the necessary findings to establish that she is mentally ill, under ORS 426.”
State v. T. C., 342 P.3d 1112 (Or. Ct. App. 2015).
· cites it 11× ““(B) May order conditional release under this sub-paragraph subject to the qualifications and requirements under ORS 426.125. If the court orders conditional release under this subparagraph, the court shall establish a period of commitment for the conditional release.”
State v. J. D. C., 204 P.3d 162 (Or. Ct. App. 2009).
· cites it 3× “130(l)(b)(B) provides that, on a finding of mental illness, the court “[m]ay order conditional release under this subparagraph subject to the qualifications and requirements under ORS 426.125.” (Emphasis added.) ORS 426.125, in turn, provides for conditional release only if a…”
State v. Weyeneth, 838 P.2d 1113 (Or. Ct. App. 1992).
““(B) May order conditional release under this subparagraph subject to the qualifications and requirements under ORS 426.125. If the court orders conditional release under this subparagraph, the court shall establish a period of commitment for the conditional release.”
State v. Gardner-Rolph, 345 Or. App. 681 (Or. Ct. App. 2025).
“441 (juvenile court may order that an adjudicated youth undergo “appro- priate care or treatment”); ORS 426.125 (for an individual who has been determined to be mentally ill, should the court order conditional release, the court may establish “appropri- ate” conditions).”
State v. H. D., 536 P.3d 1093 (Or. Ct. App. 2023).
· cites it 2× “About a month later, appellant was alleged to have failed to adhere to the conditional release “pursuant to ORS 426.125.” A hearing was held before a different judge, who heard evidence that appellant had failed to engage in treatment and used illegal drugs.”
State v. H. D. (Or. Ct. App. 2023).
· cites it 2× “About a month later, appellant was alleged to have failed to adhere to the conditional release “pursuant to ORS 426.125.” A hearing was held before a different judge, who heard evidence that appellant had failed to engage in treatment and used illegal drugs.”
State v. JDC, 204 P.3d 162 (Or. Ct. App. 2009).
· cites it 3× “130(1)(b)(B) provides that, on a finding of mental illness, the court "[m]ay order conditional release under this subparagraph subject to the qualifications and requirements under ORS 426.125." (Emphasis added.) ORS 426.125, in turn, provides for conditional release only if a…”
— Or. Rev. Stat. § 426.125(1) — 1 case
State v. T. C., 342 P.3d 1112 (Or. Ct. App. 2015).
““(B) May order conditional release under this sub-paragraph subject to the qualifications and requirements under ORS 426.125. If the court orders conditional release under this subparagraph, the court shall establish a period of commitment for the conditional release.”
— Or. Rev. Stat. § 426.125(l)(c) — 1 case
State v. T. C., 342 P.3d 1112 (Or. Ct. App. 2015).
““(B) May order conditional release under this sub-paragraph subject to the qualifications and requirements under ORS 426.125. If the court orders conditional release under this subparagraph, the court shall establish a period of commitment for the conditional release.”
— Or. Rev. Stat. § 426.125(l)(c)(A) — 1 case
State v. T. C., 342 P.3d 1112 (Or. Ct. App. 2015).
““(B) May order conditional release under this sub-paragraph subject to the qualifications and requirements under ORS 426.125. If the court orders conditional release under this subparagraph, the court shall establish a period of commitment for the conditional release.”
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