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Oregon Revised Statutes

Or. Rev. Stat. § 426.131 (2026)

When person with mental illness is in need of treatment; danger to self; danger to others; unable to provide for basic personal needs; chronic mental disorder

✓ current as of May 2026
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      426.131 When person with mental illness is in need of treatment; danger to self; danger to others; unable to provide for basic personal needs; chronic mental disorder. (1) A person has a mental illness and is in need of treatment for purposes of ORS 426.005 to 426.390 if the person is in need of treatment because the person:

      (a) Is a danger to self;

      (b) Is a danger to others;

      (c) Is unable to provide for basic personal needs; or

      (d) Has a chronic mental disorder.

      (2) A person is a danger to self for purposes of this section if, because of a mental disorder:

      (a) The person engaged in or threatened to engage in behavior that resulted in or was likely to result in serious physical harm to self; and

      (b) Taking into consideration the person’s particular history and circumstances, it is reasonably foreseeable that the person will engage in such behavior in the near future, even if such behavior is not imminent.

      (3) A person is a danger to others for purposes of this section if, because of a mental disorder:

      (a) The person engaged in or threatened to engage in behavior that resulted in or was likely to result in physical harm to another person; and

      (b) Taking into consideration the person’s particular history and circumstances, it is reasonably foreseeable that the person will engage in such behavior in the near future, even if such behavior is not imminent.

      (4) A person is unable to provide for basic personal needs for purposes of this section if, because of a mental disorder:

      (a) The person is unable to provide for basic personal needs that are necessary for the person to avoid reasonably foreseeable serious physical harm in the near future, even if the serious physical harm is not imminent; and

      (b)(A) The person is not receiving such care as is necessary to avoid such harm; or

      (B) If the person is involuntarily confined in a custodial setting, it is reasonably foreseeable that upon release the person will not receive such care as is necessary to avoid such harm.

      (5) A person has a chronic mental disorder for purposes of this section if:

      (a) The person is a person with a chronic mental illness, as defined in ORS 426.495; and

      (b) Within the previous three years the person has twice been placed in a hospital or approved inpatient facility by the Oregon Health Authority under ORS 426.060. [2025 c.559 §2]

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2026–2026 · leading case: State v. P. F., 350 Or. App. 390 (Or. Ct. App. 2026).
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State v. P. F., 350 Or. App. 390 (Or. Ct. App. 2026). “ORS 426.131(1). 394 State v. P. F. “A person, other than a person incarcerated upon a crim- inal charge, who has been adjudged to be a person with mental illness or against whom commitment proceedings have been instituted may not be confined in any prison, jail or other…”
State v. T. L., 350 Or. App. 212 (Or. Ct. App. 2026). · cites it 3× “To justify that involuntary commitment, the state must prove by clear and convincing evidence that the person has a mental disorder and that, because of that disorder, the person is a danger to self or others, or is unable to meet their basic needs, or satisfies the expanded…”
State v. P. F., 350 Or. App. 390 (Or. Ct. App. 2026). “ORS 426.131(1). 394 State v. P. F. “A person, other than a person incarcerated upon a crim- inal charge, who has been adjudged to be a person with mental illness or against whom commitment proceedings have been instituted may not be confined in any prison, jail or other…”
— Or. Rev. Stat. § 426.131(1) — 2 cases
State v. P. F., 350 Or. App. 390 (Or. Ct. App. 2026). “ORS 426.131(1). 394 State v. P. F. “A person, other than a person incarcerated upon a crim- inal charge, who has been adjudged to be a person with mental illness or against whom commitment proceedings have been instituted may not be confined in any prison, jail or other…”
State v. P. F., 350 Or. App. 390 (Or. Ct. App. 2026). “ORS 426.131(1). 394 State v. P. F. “A person, other than a person incarcerated upon a crim- inal charge, who has been adjudged to be a person with mental illness or against whom commitment proceedings have been instituted may not be confined in any prison, jail or other…”
— Or. Rev. Stat. § 426.131(5) — 1 case
State v. T. L., 350 Or. App. 212 (Or. Ct. App. 2026). “To justify that involuntary commitment, the state must prove by clear and convincing evidence that the person has a mental disorder and that, because of that disorder, the person is a danger to self or others, or is unable to meet their basic needs, or satisfies the expanded…”
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.