Oregon Revised Statutes

Or. Rev. Stat. § 426.223 (2026)

Retaking persons in custody of or committed to Oregon Health Authority; assistance of peace officers and others

✓ current as of May 2026

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426.223 Retaking persons in custody of or committed to Oregon Health Authority; assistance of peace officers and others. In retaking custody of a person with mental illness who has been committed to the Oregon Health Authority under ORS 426.130 and who has, without lawful authority, left the custody of the facility to which the person has been assigned under ORS 426.060, or in the case of a person alleged to have a mental illness and to be in need of treatment who is in custody under ORS 426.070, 426.077, 426.095 or 426.228 to 426.235 at a hospital or nonhospital facility and who has, without lawful authority, left the hospital or nonhospital facility, the facility director or designee has all the powers provided by ORS 133.225 and 161.255 and may require the assistance of any peace officer or other authorized individual. [1975 c.690 §25; 1993 c.484 §20; 2009 c.595 §400; 2013 c.360 §37; 2025 c.559 §25]

426.224 [1953 c.597 §2; 1961 c.385 §2; 1969 c.391 §4; 1969 c.638 §5; repealed by 1975 c.690 §28]

Notes of Decisions

Cited in 1 case, 1986–1986 · leading case: State v. Weist, 730 P.2d 26 (Or. 1986).

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State v. Weist, 730 P.2d 26 (Or. 1986). “613, for example, provides: “If a witness required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the court or magistrate making such order shall commit the witness to the jail of the…”

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