426.237
Prehearing detention; duties of community mental health program director; court
proceedings. (1)
During a prehearing period of detention as provided in ORS 426.070, 426.140,
426.232 or 426.233, the community mental health program director shall:
(a) Recommend, in
an investigation report as provided in ORS 426.074, that the circuit court not
proceed further in the matter if the community mental health program director
does not believe the person is a person with mental illness or that the person is
in need of assisted outpatient treatment;
(b) File notice
of an offer of diversion from commitment described in ORS 426.077; or
(c) Recommend, in
an investigation report as provided in ORS 426.074, that the circuit court hold
a hearing under ORS 426.070 to 426.170 if the community mental health program
director has probable cause to believe the person has a mental illness and is in
need of treatment or that the person is in need of assisted outpatient
treatment.
(2) The judge of
the circuit court shall immediately commence proceedings under ORS 426.070 to
426.170 when the community mental health program director acts under subsection
(1)(c) of this section. In no case may the person be held longer than five judicial
days without a hearing under this subsection. [1993 c.484 §9; 2003 c.14 §237;
2009 c.595 §409; 2013 c.360 §44; 2013 c.737 §5; 2015 c.461 §17; 2025 c.559 §10]
Note: See note under 426.228.
426.238 [1993 c.484 §10; 2009 c.595 §410;
2025 c.559 §34; renumbered 426.035 in 2025]
426.240 [Amended by 1959 c.652 §22; 1975
c.690 §16; repealed by 1977 c.764 §4 (426.241 enacted in lieu of 426.240)]
426.241 [1977 c.764 §5 (enacted in lieu of
426.240); 1979 c.392 §1; 1981 c.750 §16; 1987 c.527 §1; 1993 c.484 §21; 2009
c.595 §411; 2013 c.715 §§8,19; 2015 c.785 §4; 2025 c.559 §35; renumbered
426.313 in 2025]
426.250 [Amended by 1965 c.420 §2; 1975
c.690 §17; 1977 c.764 §6; 1987 c.606 §9; 1987 c.903 §§26,26a; 2001 c.962 §59;
2009 c.595 §412; 2011 c.720 §162; 2012 c.25 §4; 2013 c.360 §46; 2013 c.715 §9;
2015 c.785 §5; 2023 c.281 §72; renumbered 426.311 in 2025]
426.255 [1973 c.838 §19; 1987 c.803 §23;
1987 c.903 §27; 2013 c.360 §47; renumbered 426.315 in 2025]
426.260 [Amended by 1955 c.651 §8;
repealed by 1957 c.160 §6]
426.270 [Amended by 1955 c.651 §9;
repealed by 1957 c.160 §6]
(Trial Visits;
Conditional Release; Outpatient Commitment; Early Release)
Notes of Decisions
State v. L.O.W. (In re L.O.W.), 424 P.3d 789 (Or. Ct. App. 2018).
· cites it 3× “234 (duties of facility staff; court proceedings); ORS 426.237 (prehearing detention; commencement of court proceedings); ORS 426.”
State v. C. P., 486 P.3d 845 (Or. Ct. App. 2021).
· cites it 3× “232(2) or ORS 426.237(4)(b). ORS 426.232(2) places an express five- day limit on “physician” or “hospital” holds that precede a commitment hearing held under the framework constructed by ORS chapter 426.”
State v. S. P., 387 P.3d 443 (Or. Ct. App. 2016).
“As described in OAR 309-033-0210, diversion is a “14 day period of intensive treatment when a director and a psychiatrist certify a person as a mentally ill person pursuant to the provision of ORS 426.237(l)(b).” The record does not specify that appellant hit anyone with the…”
State v. B. L. H., 403 P.3d 538 (Or. Ct. App. 2017).
· cites it 3× “Here, appellant was placed on a physician’s hold on June 7, 2016. On June 10, the mental health examiner filed a certificate for diversion from commitment under ORS 426.”
State v. L. R., 490 P.3d 188 (Or. Ct. App. 2021).
· cites it 3× “Appellant was placed on a physician’s hold on November 10, 2021, and on November 16, 2020, the physi- cian filed a certificate to place appellant on a 14-day diver- sion pursuant to ORS 426.237. No attorney was appointed to represent appellant until November 18, and the commit-…”
State v. R. A. R. (In re R. A. R.), 427 P.3d 234 (Or. Ct. App. 2018).
· cites it 2× “On January 10, the mental health examiner filed a certificate for diversion from commitment under ORS 426.237. Appellant's attorney, however, did not consent to diversion.”
State v. N. S., 343 Or. App. 309 (Or. Ct. App. 2025).
· cites it 2× “An exception to that timeline is contained in ORS 426.237, allowing a person to be held for a 14-day period for intensive treatment if a certif- icate of diversion is filed.”
State v. N. S., 343 Or. App. 309 (Or. Ct. App. 2025).
· cites it 2× “An exception to that timeline is contained in ORS 426.237, allowing a person to be held for a 14-day period for intensive treatment if a certif- icate of diversion is filed.”
State v. M. Z., 476 P.3d 1258 (Or. Ct. App. 2020).
“Apparently because hospital staff believed that appellant would consent to a 14-day diversion period pursuant to ORS 426.237, no steps were taken to pro- vide appellant with a hearing within five judicial days of the hold.”
State v. A. A. W., 324 Or. App. 349 (Or. Ct. App. 2023).
· cites it 6× “On March 3, a certificate of diversion from com- mitment was filed pursuant to ORS 426.237, and the court appointed counsel for appellant on that date.”
State v. A. G. S., 327 Or. App. 193 (Or. Ct. App. 2023).
· cites it 2× “Appellant acknowledges that ORS 426.237(1)(b) allows for an extension of the five-day statutory deadline for a 14-day period of intensive treatment but contends that those proce- dures were not properly followed in her case.”
State v. J. H., 492 P.3d 780 (Or. Ct. App. 2021).
· cites it 2× “However, under ORS 426.237(3), a per- son detained on a physician’s hold may be held for a 14-day period of intensive treatment (“diversion”), if the person and the person’s attorney consent.”
— Or. Rev. Stat. § 426.237(1)(b) — 5 cases
State v. N. S., 343 Or. App. 309 (Or. Ct. App. 2025).
“An exception to that timeline is contained in ORS 426.237, allowing a person to be held for a 14-day period for intensive treatment if a certif- icate of diversion is filed.”
State v. N. S., 343 Or. App. 309 (Or. Ct. App. 2025).
“An exception to that timeline is contained in ORS 426.237, allowing a person to be held for a 14-day period for intensive treatment if a certif- icate of diversion is filed.”
State v. A. A. W., 324 Or. App. 349 (Or. Ct. App. 2023).
“On March 3, a certificate of diversion from com- mitment was filed pursuant to ORS 426.237, and the court appointed counsel for appellant on that date.”
State v. A. G. S., 327 Or. App. 193 (Or. Ct. App. 2023).
“Appellant acknowledges that ORS 426.237(1)(b) allows for an extension of the five-day statutory deadline for a 14-day period of intensive treatment but contends that those proce- dures were not properly followed in her case.”
— Or. Rev. Stat. § 426.237(3) — 2 cases
State v. L. R., 490 P.3d 188 (Or. Ct. App. 2021).
“Appellant was placed on a physician’s hold on November 10, 2021, and on November 16, 2020, the physi- cian filed a certificate to place appellant on a 14-day diver- sion pursuant to ORS 426.237. No attorney was appointed to represent appellant until November 18, and the commit-…”
State v. J. H., 492 P.3d 780 (Or. Ct. App. 2021).
“However, under ORS 426.237(3), a per- son detained on a physician’s hold may be held for a 14-day period of intensive treatment (“diversion”), if the person and the person’s attorney consent.”
— Or. Rev. Stat. § 426.237(3)(a)(A) — 1 case
State v. A. G. S., 327 Or. App. 193 (Or. Ct. App. 2023).
“Appellant acknowledges that ORS 426.237(1)(b) allows for an extension of the five-day statutory deadline for a 14-day period of intensive treatment but contends that those proce- dures were not properly followed in her case.”
— Or. Rev. Stat. § 426.237(3)(c) — 4 cases
State v. B. L. H., 403 P.3d 538 (Or. Ct. App. 2017).
“Here, appellant was placed on a physician’s hold on June 7, 2016. On June 10, the mental health examiner filed a certificate for diversion from commitment under ORS 426.”
State v. L. R., 490 P.3d 188 (Or. Ct. App. 2021).
“Appellant was placed on a physician’s hold on November 10, 2021, and on November 16, 2020, the physi- cian filed a certificate to place appellant on a 14-day diver- sion pursuant to ORS 426.237. No attorney was appointed to represent appellant until November 18, and the commit-…”
State v. R. A. R. (In re R. A. R.), 427 P.3d 234 (Or. Ct. App. 2018).
“On January 10, the mental health examiner filed a certificate for diversion from commitment under ORS 426.237. Appellant's attorney, however, did not consent to diversion.”
State v. A. A. W., 324 Or. App. 349 (Or. Ct. App. 2023).
“On March 3, a certificate of diversion from com- mitment was filed pursuant to ORS 426.237, and the court appointed counsel for appellant on that date.”
— Or. Rev. Stat. § 426.237(4)(b) — 3 cases
State v. C. P., 486 P.3d 845 (Or. Ct. App. 2021).
“232(2) or ORS 426.237(4)(b). ORS 426.232(2) places an express five- day limit on “physician” or “hospital” holds that precede a commitment hearing held under the framework constructed by ORS chapter 426.”
State v. L.O.W. (In re L.O.W.), 424 P.3d 789 (Or. Ct. App. 2018).
“234 (duties of facility staff; court proceedings); ORS 426.237 (prehearing detention; commencement of court proceedings); ORS 426.”
— Or. Rev. Stat. § 426.237(l)(b) — 1 case
State v. S. P., 387 P.3d 443 (Or. Ct. App. 2016).
“As described in OAR 309-033-0210, diversion is a “14 day period of intensive treatment when a director and a psychiatrist certify a person as a mentally ill person pursuant to the provision of ORS 426.237(l)(b).” The record does not specify that appellant hit anyone with the…”
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