426.127
Outpatient commitment.
The following provisions are applicable to outpatient commitment under ORS
426.130 as described:
(1) The Oregon
Health Authority may only place a person in an outpatient commitment if an
adequate treatment facility is available.
(2) At the time
of the hearing under ORS 426.095, the community mental health program director,
or a designee for the director, for the county in which the hearing takes place
shall set the conditions for the outpatient commitment. The conditions shall include,
but not be limited to, the following:
(a) Provision for
outpatient care.
(b) A designation
of a facility, service or other provider to provide care or treatment.
(3) A copy of the
conditions shall be given to all of the individuals and entities described in
ORS 426.278.
(4) Any
outpatient commitment ordered under this section is subject to the provisions
under ORS 426.275.
(5) The community
mental health program director or designee, for the county where a person is on
outpatient commitment, may modify the conditions for outpatient commitment when
a modification is in the best interest of the person. The community mental health
program director or designee shall send notification of such changes and the
reasons for the changes to all those who received a copy of the original
conditions under ORS 426.278. [1987 c.903 §19; 1989 c.171 §52; 2003 c.14 §236;
2009 c.595 §392; 2013 c.360 §29]
Notes of Decisions
Cited in
14
cases (
4 in the last 5 years), 1994–2026 · 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 2× “3d 26 (2005) (holding that commitment does not require a person to be placed in a hospital or approved inpatient facility and that DHS may instead place a committed person in outpatient treatment under ORS 426.127). [2] Sumner was required to include that "pertinent part of the…”
State v. Hilliard, 98 P.3d 767 (Or. Ct. App. 2004).
· cites it 2× “However, DHS need not place the person in a hospital or inpatient facility: “The department may place the committed person in outpatient commitment under ORS 426.127.” ORS 426.130(l)(b)(C)(ii). If the corut orders either conditional release or commitment to DHS, the conditional…”
State v. J. R. S., 539 P.3d 341 (Or. Ct. App. 2023).
““(ii) The authority may place the committed person in outpatient com- mitment under ORS 426.127. “(D) Shall order that the person be prohibited from purchasing or pos- sessing a firearm if, in the opinion of the court, there is a reasonable like- lihood the person would…”
State v. A. M.-M., 238 P.3d 407 (Or. Ct. App. 2010).
““(ii) The authority may place the committed person in outpatient commitment under ORS 426.127.” ORS 426.005(l)(e) provides, in part, that a “ ‘[m]entally ill person’ means a person who, because of a mental disorder, is one or more of the following: “(A) Dangerous to self or…”
State v. G. L., 243 P.3d 469 (Or. Ct. App. 2010).
““(ii) The department may place the committed person in outpatient commitment under ORS 426.127.” ORS 426.005(l)(d) provides: “ ‘Mentally ill person’ means a person who, because of a mental disorder, is one or more of the following: “(A) Dangerous to self or others.”
State v. G. C.-M., 350 Or. App. 404 (Or. Ct. App. 2026).
“130(1)(a)(C) (upon finding that a person is mentally ill and in need of treatment, the court “[m]ay order commit- ment of the person with mental illness to [OHA] for treat- ment,” in which case the court “shall establish a period of commitment,” and “[OHA] may place the…”
State v. J. D. C., 204 P.3d 162 (Or. Ct. App. 2009).
““(ii) The department may place the committed person in outpatient commitment under ORS 426.127. «H* ífc sfc sfc *568 “(2) A court that orders a conditional release or a commitment under this section shall establish a period of commitment for the person subject to the order.”
State v. AM-M., 238 P.3d 407 (Or. Ct. App. 2010).
“"(ii) The authority may place the committed person in outpatient commitment under ORS 426.127." [2] ORS 426.005(1)(e) provides, in part, that a "`[m]entally ill person' means a person who, because of a mental disorder, is one or more of the following: "(A) Dangerous to self or…”
State v. Bryant, 871 P.2d 129 (Or. Ct. App. 1994).
· cites it 4× “ORS 426.127. In addition, the division may impose conditions on the outpatient commitment and may make changes in the conditions during the course of treatment.”
State v. L. B. (In re L. B.), 432 P.3d 393 (Or. Ct. App. 2019).
“PER CURIAM *571 Appellant seeks reversal of a judgment committing him to outpatient care under ORS 426.127 and an order prohibiting him from purchasing or possessing firearms.”
State v. J. R. S. (Or. Ct. App. 2023).
““(ii) The authority may place the committed person in outpatient com- mitment under ORS 426.127. “(D) Shall order that the person be prohibited from purchasing or pos- sessing a firearm if, in the opinion of the court, there is a reasonable like- lihood the person would…”
State v. G. C.-M., 350 Or. App. 404 (Or. Ct. App. 2026).
“130 (1)(a)(C) (upon finding that a person is mentally ill and in need of treatment, the court “[m]ay order commitment of the person with mental illness to [OHA] for treatment,” in which case the court “shall establish a period of commitment,” and “[OHA] may place the committed…”
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.