Oregon Revised Statutes

Or. Rev. Stat. § 427.255 (2026)

Detention prior to investigation or hearing; care and maintenance while under custody

✓ current as of May 2026

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427.255 Detention prior to investigation or hearing; care and maintenance while under custody. (1) If the court finds that there is probable cause to believe that the failure to take into custody pending an investigation or hearing a person alleged to have an intellectual disability and be in need of commitment for residential care, treatment and training would pose an imminent and serious danger to the person or to others, the court may issue a warrant of detention to either the community developmental disabilities program director or the sheriff of the county directing that the director, the sheriff or the designee of the director or sheriff take the person into custody and produce the person at the time and place stated in the warrant. At the time the person is taken into custody, the custodian shall advise the person or, if the person is incapacitated, the guardian of the person of the person’s right to counsel, to have legal counsel appointed if the person is unable to afford legal counsel, and, if requested, to have legal counsel appointed immediately.

(2) A person taken into custody under subsection (1) of this section shall be provided all care, custody, evaluation and treatment required for the mental and physical health and safety of the person and the director of the facility retaining custody shall report any care, custody, evaluation or treatment provided the person to the court as required by ORS 427.280. Any diagnostic evaluation performed on such person shall be consistent with Department of Human Services rules and ORS 427.105. Any prescription or administration of drugs shall be the sole responsibility of the treating physician or naturopathic physician. The person shall have the right to the least hazardous treatment procedures while in custody, and the treating physician or naturopathic physician shall be notified immediately of the use of any mechanical restraints on the person. A note of each use of mechanical restraint and the reasons therefor shall be made a part of the person’s clinical record over the signature of the treating physician or naturopathic physician. [1979 c.683 §19; 2009 c.595 §444; 2011 c.658 §15; 2017 c.356 §51; 2023 c.339 §6]

427.260 [1959 c.331 §5; 1965 c.339 §19; 1973 c.277 §5; repealed by 1979 c.683 §37]

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 1981–2022 · leading case: State v. C. P., 486 P.3d 845 (Or. Ct. App. 2021).

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State v. C. P., 486 P.3d 845 (Or. Ct. App. 2021). · cites it 12× “245(1), if a person is detained by a warrant of detention issued under ORS 427.255, the court “shall hold the hearing within seven judicial days.”

State v. S. R.-N., 506 P.3d 492 (Or. Ct. App. 2022). · cites it 2× “245(1) (“If the person is detained pursuant to ORS 427.255 [allowing for a warrant of detention], the court shall hold the hearing within seven judicial days.”

Matter of Grandy, 623 P.2d 666 (Or. Ct. App. 1981). “If the person is detained pursuant to ORS 427.255, the court shall hold the hearing within seven business days.”

— Or. Rev. Stat. § 427.255(1) — 1 case

State v. C. P., 486 P.3d 845 (Or. Ct. App. 2021). “245(1), if a person is detained by a warrant of detention issued under ORS 427.255, the court “shall hold the hearing within seven judicial days.”

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