Oregon Revised Statutes

Or. Rev. Stat. § 426.133 (2026)

Assisted outpatient treatment

✓ current as of May 2026

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426.133 Assisted outpatient treatment. (1) As used in ORS 426.005 to 426.390, “assisted outpatient treatment” may not be construed to be a commitment under ORS 426.130 and does not include taking a person into custody or the forced medication of a person.

(2) A court may issue an order requiring a person to participate in assisted outpatient treatment if the court finds that the person:

(a)(A) Is 18 years of age or older;

(B) Has a mental disorder;

(D) Is unable to make an informed decision to seek or to comply with voluntary treatment; and

(b) As a result of being a person described in paragraph (a) of this subsection:

(A) Is incapable of surviving safely in the community without treatment; and

(B) Requires treatment to prevent a deterioration in the person’s condition that will predictably result in the person becoming a person with mental illness.

(3) In determining whether to issue the order under subsection (2) of this section, the court shall consider, but is not limited to considering, the following factors:

(a) The person’s ability to access finances in order to get food or medicine.

(b) The person’s ability to obtain treatment for the person’s medical condition.

(d) The degree to which there are risks to the person’s safety.

(e) The likelihood that the person will decompensate without immediate care or treatment.

(f) The person’s previous attempts to inflict physical injury on self or others.

(g) The person’s history of mental health treatment in the community.

(h) The person’s patterns of decompensation in the past.

(i) The person’s risk of being victimized or harmed by others.

(j) The person’s access to the means to inflict harm on self or others.

(4) The community mental health program director may recommend to the court a treatment plan for a person participating in assisted outpatient treatment. The court may adopt the plan as recommended or with modifications.

(5) As part of the order under subsection (2) of this section, the court may prohibit the person from purchasing or possessing a firearm during the period of assisted outpatient treatment if, in the opinion of the court, there is a reasonable likelihood the person is a danger to self or others, or to the community at large, as a result of the person’s mental or psychological state, as demonstrated by past behavior or participation in incidents involving unlawful violence or threats of unlawful violence, or by reason of a single incident of extreme, violent, unlawful conduct. When a court adds a firearm prohibition to an order under subsection (2) of this section, the court shall cause a copy of the order to be delivered to the sheriff of the county, who shall enter the information into the Law Enforcement Data System.

(6) The court retains jurisdiction over the person until the earlier of the end of the period of the assisted outpatient treatment established under ORS 426.130 or until the court finds that the person no longer meets the criteria in subsection (2) of this section.

(7) This section does not:

(a) Prevent a court from appointing a guardian ad litem to act for the person; or

(b) Require a community mental health program to provide treatment or services to, or supervision of, the person:

(A) If the county lacks sufficient funds for such purposes; or

(B) In the case of a county that has declined to operate or contract for a community mental health program, if the public agency or private corporation that contracts with the Oregon Health Authority to provide the program, as described in ORS 430.640, lacks sufficient funds for such purposes. [2013 c.737 §2; 2015 c.50 §11; 2015 c.785 §1; 2025 c.559 §22]

Note: 426.133 was added to and made a part of 426.005 to 426.390 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Cited in 6 cases (5 in the last 5 years), 2018–2026 · leading case: State v. J.R.B. (In re J.R.B.), 418 P.3d 38 (Or. Ct. App. 2018).

Sort: Relevance Newest Treatment

State v. J.R.B. (In re J.R.B.), 418 P.3d 38 (Or. Ct. App. 2018). · cites it 2× “130(1)(b)(A), or "[o]rder the person to participate in assisted outpatient treatment" if additional findings are made "in accordance with ORS 426.133." 2 426.130(1)(b)(B). "A period of assisted outpatient *40 treatment shall be for a period of time not to exceed 12 months.”

State v. Burris, 518 P.3d 891 (Or. 2022). “130 that the person be prohibited from purchasing or pos- sessing a firearm as a result of that mental illness; “(F) Is presently subject to an order under ORS 426.133 prohibiting the person from purchasing or possessing a firearm; “(G) Has been found guilty except for insanity…”

State v. J. R. S., 539 P.3d 341 (Or. Ct. App. 2023). “* * * “(b) Is not a person with mental illness, the court shall release the per- son from custody if the person has been detained * * * and: “(A) Dismiss the case; or “(B) Order the person to participate in assisted outpatient treatment in accordance with ORS 426.”

State v. J. W. B., 492 P.3d 142 (Or. Ct. App. 2021). · cites it 2× “130(1)(b)(B) and ORS 426.133. 552 State v. J. W. B. 426.005(1)(f)(A)1.”

State v. C. T. B., 349 Or. App. 42 (Or. Ct. App. 2026). · cites it 3× “After releasing the person, the court must either dismiss the case or order the person to participate in assisted outpatient treatment in accordance with ORS 426.133. ORS 426.130(2)(b)(A), (B). When choosing the latter option, the statute further provides that the court may con-…”

State v. J. R. S. (Or. Ct. App. 2023). “* * * “(b) Is not a person with mental illness, the court shall release the per- son from custody if the person has been detained * * * and: “(A) Dismiss the case; or “(B) Order the person to participate in assisted outpatient treatment in accordance with ORS 426.”

— Or. Rev. Stat. § 426.133(2) — 2 cases

State v. J.R.B. (In re J.R.B.), 418 P.3d 38 (Or. Ct. App. 2018). “130(1)(b)(A), or "[o]rder the person to participate in assisted outpatient treatment" if additional findings are made "in accordance with ORS 426.133." 2 426.130(1)(b)(B). "A period of assisted outpatient *40 treatment shall be for a period of time not to exceed 12 months.”

State v. C. T. B., 349 Or. App. 42 (Or. Ct. App. 2026). “After releasing the person, the court must either dismiss the case or order the person to participate in assisted outpatient treatment in accordance with ORS 426.133. ORS 426.130(2)(b)(A), (B). When choosing the latter option, the statute further provides that the court may con-…”

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.