2021 Oregon Revised Statutes
Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing
Section 426.123 - Observation of person in custody; warning; evidence.


(2) The warning described under subsection (1) of this section shall be given both orally and in writing.
(3) Failure to give a warning under this section does not in itself constitute grounds for the exclusion of evidence that would otherwise be admissible in a proceeding. [1987 c.903 §11; 1993 c.484 §18; 2013 c.360 §27]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 11 - Juvenile Code, Human Services

Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing

Section 426.005 - Definitions for ORS 426.005 to 426.390.

Section 426.020 - Superintendent; chief medical officer.

Section 426.060 - Commitment to Oregon Health Authority; powers of authority; placement; transfer.

Section 426.070 - Initiation; notification required; recommendation to court; citation.

Section 426.072 - Care while in custody; responsibilities of licensed independent practitioner; rules.

Section 426.074 - Investigation; procedure; content; report.

Section 426.075 - Notice and records of treatment prior to hearing; procedures.

Section 426.095 - Commitment hearing; postponement; right to cross-examine; admissibility of investigation report.

Section 426.100 - Advice of court; appointment of legal counsel; costs; representation of state’s interest.

Section 426.110 - Appointment of examiners; qualifications; costs.

Section 426.120 - Examination report; rules.

Section 426.123 - Observation of person in custody; warning; evidence.

Section 426.125 - Qualifications and requirements for conditional release.

Section 426.127 - Outpatient commitment.

Section 426.129 - Community liaison.

Section 426.130 - Court determination of mental illness; discharge; release for voluntary treatment; conditional release; commitment; assisted outpatient treatment; prohibition relating to firearms; period of commitment.

Section 426.133 - Assisted outpatient treatment.

Section 426.140 - Place of confinement; attendant.

Section 426.150 - Transportation to treatment facility.

Section 426.155 - Release of information about person held in custody pending commitment proceeding or while committed or recommitted.

Section 426.160 - Disclosure of record of commitment proceeding.

Section 426.180 - Emergency commitment of individuals in Indian country.

Section 426.220 - Voluntary admission; leave of absence; notice to parent or guardian.

Section 426.225 - Voluntary admission to state hospital of committed person; examination by licensed independent practitioner.

Section 426.228 - Custody; authority of peace officers and other individuals; transporting to facility; reports; examination of person.

Section 426.231 - Hold by licensed independent practitioner; when authorized; statement required.

Section 426.232 - Emergency admission; notice; limit of hold.

Section 426.233 - Authority of community mental health program director and of other individuals; costs of transportation.

Section 426.234 - Duties of professionals at facility where person admitted; notification; duties of court.

Section 426.235 - Transfer between hospital and nonhospital facilities.

Section 426.236 - Rules.

Section 426.237 - Prehearing detention; duties of community mental health program director; certification for treatment; court proceedings.

Section 426.238 - Classifying facilities.

Section 426.241 - Payment of care, custody and treatment costs; denial of payment; rules.

Section 426.250 - Payment of costs related to commitment proceedings.

Section 426.273 - Trial visits.

Section 426.275 - Effect of failure to adhere to condition of placement.

Section 426.278 - Distribution of copies of conditions for outpatient commitment or trial visit.

Section 426.295 - Judicial determination of competency; restoration of competency.

Section 426.297 - Payment of expenses for proceeding under ORS 426.295.

Section 426.300 - Discharge of committed persons; application for assistance on behalf of committed person.

Section 426.301 - Release of committed person; certification of continued mental illness; service of certificate; content; period of further commitment; effect of failure to protest further commitment.

Section 426.307 - Court hearing; continuance; attorney; examination; determination of mental illness; order of further commitment; period of commitment.

Section 426.310 - Reimbursement of county expenses for commitment proceedings involving nonresidents.

Section 426.330 - Presentation and payment of claims.

Section 426.335 - Limitations on liability.

Section 426.370 - Withholding information obtained in certain commitment or admission investigations.

Section 426.385 - Rights of committed persons.

Section 426.415 - Licensing of persons who may order and oversee use of restraint and seclusion in facilities providing mental health treatment to individuals under 21 years of age; rules.

Section 426.490 - Policy.

Section 426.495 - Definitions for ORS 426.490 to 426.500; rules.

Section 426.500 - Powers and duties of Oregon Health Authority; rules.

Section 426.502 - Definitions for ORS 426.502 to 426.508.

Section 426.504 - Power of Oregon Health Authority to develop community housing for persons with chronic mental illness; sale of community housing; conditions.

Section 426.506 - Community Mental Health Housing Fund; Community Housing Trust Account; report.

Section 426.508 - Sale of F. H. Dammasch State Hospital; fair market value; redevelopment of property; property reserved for community housing.

Section 426.650 - Voluntary admission to state institution; rules.

Section 426.675 - Determination of sexually dangerous persons; custody pending sentencing; hearing; sentencing; rules.

Section 426.680 - Trial visits for probationer.

Section 426.701 - Commitment of "extremely dangerous" person with qualifying mental disorder; requirements for conditional release; rules.

Section 426.702 - Discharge from commitment of extremely dangerous person with qualifying mental disorder; requirements for further commitment; protest and hearing.