Or. Rev. Stat. § 426.380
Availability of writ of habeas corpus
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426.380 Availability of writ of habeas corpus. Any individual committed pursuant to ORS 426.005 to 426.223 and 426.273 to 426.380 shall be entitled to the writ of habeas corpus upon proper petition by the individual or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which the state hospital in which the person is detained is located. [1967 c.460 §6]
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1994–2024 · leading case: Oregon State Hospital v. A. J. G.
Oregon State Hospital v. A. J. G. (2024)
“Under ORS 426.380, a com- mitted person or “a friend” on behalf of the person is enti- tled to petition for a writ of habeas corpus.”
Martyr v. State (1994)
“However, the division’s statutory duty to provide treatment must be considered in light of ORS 426.380 to ORS 426.395, which contain several specific provisions relating to patient rights.”
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