427.245
Hearing; citation to appear; notice; right to legal counsel. (1) If the court, following
receipt of an investigation report under ORS 427.235, concludes that there is
probable cause to believe that the subject of the investigation has an
intellectual disability and is in need of commitment for residential care, treatment
and training, it shall, through the issuance of a citation as provided in
subsection (2) of this section, cause the person to be brought before it at
such time and place as it may direct for a hearing to determine whether the
person has an intellectual disability and is in need of commitment for
residential care, treatment and training. The person shall be given the
opportunity to appear at the hearing. If the person is detained pursuant to ORS
427.255, the court shall hold the hearing within seven judicial days.
(2) Upon a
determination under subsection (1) of this section that probable cause exists
to believe that the person has an intellectual disability and is in need of
commitment for residential care, treatment and training, the court shall cause
a citation to issue to the person or, if the person is incapacitated, to the
legal guardian of the person. The citation shall state the specific reasons the
person is believed to be in need of commitment for residential care, treatment
and training. The citation shall also contain a notice of the time and place of
the commitment hearing, the right to legal counsel, the right to have legal
counsel appointed if the person is unable to afford legal counsel, the right to
have legal counsel appointed immediately if so requested, the right to subpoena
witnesses in behalf of the person to testify at the hearing, the right to
cross-examine all witnesses and such other information as the court may direct.
The citation shall be served on the person by the community developmental
disabilities program director or the designee of the director delivering a duly
certified copy of the original to the person prior to the hearing. The person
or the legal guardian of the person shall have the opportunity to consult with
legal counsel prior to being brought before the court. The community
developmental disabilities program director or the designee of the director
shall advise the person of the purpose of the citation and the possible
consequences of the proceeding. [1979 c.683 §18; 1989 c.242 §1; 2009 c.595 §443;
2011 c.658 §14; 2023 c.339 §5]
427.250 [1959 c.331 §4; 1965 c.339 §18;
1969 c.391 §11; repealed by 1979 c.683 §37]
Notes of Decisions
Cited in
5
cases (
3 in the last 5 years), 1981–2024 · leading case:
State v. S. R.-N., 506 P.3d 492 (Or. Ct. App. 2022).
State v. S. R.-N., 506 P.3d 492 (Or. Ct. App. 2022).
· cites it 8× “In three assignments of error, he argues that (1) his hearing was not held within the number of days required by statute after the trial court issued the warrant of detention (ORS 427.245(1) (if a person is detained under a warrant of detention, “the court shall hold the hearing…”
State v. C. P., 486 P.3d 845 (Or. Ct. App. 2021).
· cites it 26× “A copy of the investigation report must also be made available to DHS and to the person alleged to have an Cite as 310 Or App 631 (2021) 633 intellectual disability “as soon as possible after its comple- tion, but in any case prior to a [commitment] hearing held under ORS…”
State v. D. K. P., 556 P.3d 660 (Or. Ct. App. 2024).
· cites it 5× “Specifically, he argues (1) that the citation incorrectly refers to appel- lant being “mentally ill” and, contrary to the requirement in ORS 427.245(2), fails to state the “specific reasons” that commitment is believed to be necessary, and (2) that there is “no indication” in…”
Matter of Grandy, 623 P.2d 666 (Or. Ct. App. 1981).
“7 ORS 427.245(1) provides: 'If the court, following receipt of an investigation report under ORS 427.”
State v. R. E. G., 364 P.3d 733 (Or. Ct. App. 2015).
· cites it 8× “235(3) is a necessary predicate to both the issuance of a citation to appear under ORS 427.245 and the creation of a record under ORS 427.”
— Or. Rev. Stat. § 427.245(1) — 4 cases
State v. S. R.-N., 506 P.3d 492 (Or. Ct. App. 2022).
“In three assignments of error, he argues that (1) his hearing was not held within the number of days required by statute after the trial court issued the warrant of detention (ORS 427.245(1) (if a person is detained under a warrant of detention, “the court shall hold the hearing…”
State v. C. P., 486 P.3d 845 (Or. Ct. App. 2021).
“A copy of the investigation report must also be made available to DHS and to the person alleged to have an Cite as 310 Or App 631 (2021) 633 intellectual disability “as soon as possible after its comple- tion, but in any case prior to a [commitment] hearing held under ORS…”
Matter of Grandy, 623 P.2d 666 (Or. Ct. App. 1981).
“7 ORS 427.245(1) provides: 'If the court, following receipt of an investigation report under ORS 427.”
State v. R. E. G., 364 P.3d 733 (Or. Ct. App. 2015).
“235(3) is a necessary predicate to both the issuance of a citation to appear under ORS 427.245 and the creation of a record under ORS 427.”
— Or. Rev. Stat. § 427.245(2) — 4 cases
State v. S. R.-N., 506 P.3d 492 (Or. Ct. App. 2022).
“In three assignments of error, he argues that (1) his hearing was not held within the number of days required by statute after the trial court issued the warrant of detention (ORS 427.245(1) (if a person is detained under a warrant of detention, “the court shall hold the hearing…”
State v. C. P., 486 P.3d 845 (Or. Ct. App. 2021).
“A copy of the investigation report must also be made available to DHS and to the person alleged to have an Cite as 310 Or App 631 (2021) 633 intellectual disability “as soon as possible after its comple- tion, but in any case prior to a [commitment] hearing held under ORS…”
State v. D. K. P., 556 P.3d 660 (Or. Ct. App. 2024).
“Specifically, he argues (1) that the citation incorrectly refers to appel- lant being “mentally ill” and, contrary to the requirement in ORS 427.245(2), fails to state the “specific reasons” that commitment is believed to be necessary, and (2) that there is “no indication” in…”
State v. R. E. G., 364 P.3d 733 (Or. Ct. App. 2015).
“235(3) is a necessary predicate to both the issuance of a citation to appear under ORS 427.245 and the creation of a record under ORS 427.”
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