426.495
Definitions for ORS 426.490 to 426.500; rules. (1) As used in ORS 426.490 to
426.500, unless the context requires otherwise:
(a) “Case manager”
means a person who works on a continuing basis with a person with a chronic
mental illness and is responsible for assuring the continuity of the various
services called for in the discharge plan of the person with a chronic mental
illness including services for basic personal maintenance, mental and personal
treatment, and appropriate education and employment.
(b) “Discharge
plan” means a written plan prepared jointly with the person with a chronic
mental illness, mental health staff and case manager prior to discharge,
prescribing for the basic and special needs of the person upon release from the
hospital.
(c) “Person with
a chronic mental illness” means an individual who is:
(A) Eighteen
years of age or older; and
(B) Diagnosed by
a psychiatrist, a licensed clinical psychologist, a licensed independent
practitioner as defined in ORS 426.005 or a nonmedical examiner certified by
the Oregon Health Authority or the Department of Human Services as having
chronic schizophrenia, a chronic major affective disorder, a chronic paranoid
disorder or another chronic psychotic mental disorder other than those caused
by substance abuse.
(2) For purposes
of providing services in the community, the authority may adopt rules
consistent with accepted professional practices in the fields of psychology and
psychiatry to specify other criteria for determining who is a person with a
chronic mental illness. [1979 c.784 §2; 1987 c.903 §35; 2007 c.70 §208; 2009
c.595 §427; 2011 c.720 §164; 2015 c.461 §20]
Note: See note under 426.490.
Notes of Decisions
Cited in
15
cases (
3 in the last 5 years), 1990–2025 · leading case:
State v. Brungard, 789 P.2d 683 (Or. Ct. App. 1990).
State v. Brungard, 789 P.2d 683 (Or. Ct. App. 1990).
· cites it 6× “"(c) A person who: "(A) Is chronically mentally ill, as defined in ORS 426.495; "(B) Within the previous three years, has twice been placed in a state hospital following involuntary commitment under this chapter; "(C) Is exhibiting symptoms or behavior substantially similar to…”
State v. S. G., 565 P.3d 49 (Or. Ct. App. 2025).
· cites it 8× “Appellant argues that his substance use disorder is specifically omitted from the definition of chronic mental illness under ORS 426.495 and, consequently, the court erred in considering his use of corcidin in determining that he was a danger to himself.”
State v. Brungard, 794 P.2d 1257 (Or. Ct. App. 1990).
· cites it 2× “He argues that we erred in finding that he is chronically mentally ill, because Skall was merely an investigator, not a certified examiner, as required by ORS 426.495(2). Appellant is correct about Skall’s qualifications and testimony: “Q.”
State v. Hilliard, 98 P.3d 767 (Or. Ct. App. 2004).
· cites it 3× “005(l)(d)(C) defines a “mentally ill person” as a person who: “(i) Is chronically mentally ill, as defined in ORS 426.495; “(ii) Within the previous three years, has twice been placed in a hospital or approved inpatient facility by the department under ORS 426.”
State v. Bunting, 826 P.2d 1060 (Or. Ct. App. 1992).
“005(2)(c) provides: “ ‘Mentally ill person’ means a person who, because of a mental disorder, is one or more of the following: * ** * * “(c) A person who: “(A) Is chronically mentally ill, as defined in ORS 426.495; “(B) Within the previous three years, has twice been placed in…”
State v. Johansen, 866 P.2d 470 (Or. Ct. App. 1993).
· cites it 2× “"(c) A person who: "(A) Is chronically mentally ill, as defined in ORS 426.495; "(B) Within the previous three years, has twice been placed in a hospital or approved inpatient facility by the division under ORS 426.”
State v. Lopes, 322 P.3d 512 (Or. 2014).
““(C) A person: “(i) With a chronic mental illness, as defined in ORS 426.495; “(ii) Who, within the previous three years, has twice been placed in a hospital or approved inpatient facility by the authority or the Department of Human Services under ORS 426.”
State v. T. Z., 401 P.3d 1265 (Or. Ct. App. 2017).
· cites it 2× “Specifically, a “[p]erson with a mental illness” includes a person who, because of a mental disorder, is a person “(i) [w]ith a chronic mental illness, as defined in ORS 426.495;[ 2 ] “(ii) [w]ho, within the previous three years, has twice been placed in a hospital or approved…”
State v. G. L., 243 P.3d 469 (Or. Ct. App. 2010).
““(C) A person: “(i) With a chronic mental illness, as defined in ORS 426.495; *554 “(ii) Who, within the previous three years, has twice been placed in a hospital or approved inpatient facility by the department under ORS 426.”
State v. Belli, 852 P.2d 238 (Or. Ct. App. 1993).
· cites it 2× ““(c) A person who: “(A) Is chronically mentally ill, as defined in ORS 426.495; “(B) Within the previous three years, has twice been placed in a hospital or approved inpatient facility by the division under ORS 426.”
State v. T. L., 345 Or. App. 572 (Or. Ct. App. 2025).
“A trial court may commit a person under “expanded crite- ria” if the State proves, by clear and convincing evidence that the person (1) has a chronic mental illness as defined by ORS 426.495; (2) has been committed twice within the previous three years; (3) is exhibiting…”
State v. DeSassive, 847 P.2d 882 (Or. Ct. App. 1993).
““(c) A person who: “(A) Is chronically mentally ill, as defined in ORS 426.495; “(B) Within the previous three years, has twice been placed in a hospital or approved inpatient facility by the division under ORS 426.”
— Or. Rev. Stat. § 426.495(1) — 1 case
State v. S. G., 565 P.3d 49 (Or. Ct. App. 2025).
“Appellant argues that his substance use disorder is specifically omitted from the definition of chronic mental illness under ORS 426.495 and, consequently, the court erred in considering his use of corcidin in determining that he was a danger to himself.”
— Or. Rev. Stat. § 426.495(1)(c)(B) — 1 case
State v. S. G., 565 P.3d 49 (Or. Ct. App. 2025).
“Appellant argues that his substance use disorder is specifically omitted from the definition of chronic mental illness under ORS 426.495 and, consequently, the court erred in considering his use of corcidin in determining that he was a danger to himself.”
— Or. Rev. Stat. § 426.495(2) — 2 cases
State v. Brungard, 794 P.2d 1257 (Or. Ct. App. 1990).
“He argues that we erred in finding that he is chronically mentally ill, because Skall was merely an investigator, not a certified examiner, as required by ORS 426.495(2). Appellant is correct about Skall’s qualifications and testimony: “Q.”
State v. Hilliard, 98 P.3d 767 (Or. Ct. App. 2004).
“005(l)(d)(C) defines a “mentally ill person” as a person who: “(i) Is chronically mentally ill, as defined in ORS 426.495; “(ii) Within the previous three years, has twice been placed in a hospital or approved inpatient facility by the department under ORS 426.”
— Or. Rev. Stat. § 426.495(l)(c) — 1 case
State v. T. Z., 401 P.3d 1265 (Or. Ct. App. 2017).
“Specifically, a “[p]erson with a mental illness” includes a person who, because of a mental disorder, is a person “(i) [w]ith a chronic mental illness, as defined in ORS 426.495;[ 2 ] “(ii) [w]ho, within the previous three years, has twice been placed in a hospital or approved…”
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