427.215 Need
for commitment.
For the purposes of ORS 427.235 to 427.292, a person with an intellectual
disability is in need of commitment for residential care, treatment and
training if the person is:
(1) Determined
eligible for developmental disability services under ORS 427.104; and
(2)(a) Dangerous
to self or others; or
(b) Unable to
provide for the person’s basic personal needs and not receiving care as is
necessary for the health, safety or habilitation of the person. [1979 c.683 §16;
2001 c.104 §153; 2011 c.658 §12; 2013 c.36 §7; 2023 c.339 §3]
427.220 [1959 c.331 §2; 1961 c.661 §17;
1965 c.339 §14; 1973 c.277 §1; 1979 c.683 §7; renumbered 427.175]
427.225 [1961 c.661 §19; 1965 c.339 §15;
1973 c.277 §2; 1979 c.683 §9; renumbered 427.185]
427.230 [1959 c.331 §6; 1965 c.339 §16;
1973 c.277 §3; repealed by 1979 c.683 §37]
Notes of Decisions
Heller v. Doe Ex Rel. Doe, 509 U.S. 312 (1993).
· cites it 2× “1993) (mental illness); Ore. Rev. Stat. § 427.215 et seq. (1991) (mental retardation); § 426.”
State v. S. R.-N., 506 P.3d 492 (Or. Ct. App. 2022).
“ORS 427.215; ORS 427.290. His chal- lenge to the civil commitment is not a challenge to the mer- its, i.”
State v. R. L. W., 341 P.3d 845 (Or. Ct. App. 2014).
“” A related statute, ORS 427.215, provides: “For the purposes of ORS 427.”
State v. C. P., 486 P.3d 845 (Or. Ct. App. 2021).
“Overview of the Intellectual Disability Civil Commitment Process To give context to appellant’s procedural chal- lenges, we begin with a brief description of the intellectual disability civil commitment framework constructed by ORS 427.215 through 427.306. Under ORS 427.”
State v. D. K. P., 556 P.3d 660 (Or. Ct. App. 2024).
“Appellant was found to be a person with an intellec- tual disability who is dangerous to himself and, on that basis, was committed to the custody of the Oregon Department of Human Services for one year under ORS 427.215. On appeal, appellant raises a single assignment of error.”
State v. D. K., 336 Or. App. 793 (Or. Ct. App. 2024).
“, 310 Or App 631, 632-33 , 486 P3d 845 (2021) (outlining intellectual disability civil commitment framework provided by ORS 427.215 through 427.306). On appeal, appellant advances a single assignment of error that raises numerous unpreserved procedural challenges that primarily…”
State v. D. K., 336 Or. App. 793 (Or. Ct. App. 2024).
“, 310 Or App 631, 632-33 , 486 P3d 845 (2021) (outlining intellectual disability civil commitment framework provided by ORS 427.215 through 427.306). On appeal, appellant advances a single assignment of error that raises numerous unpreserved procedural challenges that primarily…”
State v. M. S., 190 P.3d 385 (Or. Ct. App. 2008).
“ORS 427.215; ORS 427.290. On appeal, appellant contends that the record contains insufficient evidence to support the order of involuntary commitment.”
State v. R. E. G., 364 P.3d 733 (Or. Ct. App. 2015).
· cites it 3× “ORS 427.215. 1 Appellant contends that the state failed to conduct an adequate diagnostic evaluation of him during the precommitment investigation.”
State v. X. W.-R. (In re X. W.-R.), 425 P.3d 509 (Or. Ct. App. 2018).
“ORS 427.215. The state concedes that the record lacks clear and convincing evidence to support an order for involuntary commitment and that the trial court's order should be reversed.”
State v. A. W. (In re A. W.), 445 P.3d 938 (Or. Ct. App. 2019).
“PER CURIAM *824 Appellant seeks reversal of a judgment committing him to the Department of Human Services for a period not to exceed one year, ORS 427.215(1) and ORS 427.290, and an order prohibiting him from purchasing or possessing a firearm, ORS 426.”
— Or. Rev. Stat. § 427.215(1) — 1 case
State v. A. W. (In re A. W.), 445 P.3d 938 (Or. Ct. App. 2019).
“PER CURIAM *824 Appellant seeks reversal of a judgment committing him to the Department of Human Services for a period not to exceed one year, ORS 427.215(1) and ORS 427.290, and an order prohibiting him from purchasing or possessing a firearm, ORS 426.”
— Or. Rev. Stat. § 427.215(2) — 1 case
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