(1) A court may only order conditional release if all of the following occur:
(a) The conditional release is requested by the legal guardian, relative or friend of the person with mental illness.
(b) The legal guardian, relative or friend requesting the conditional release requests to be allowed to care for the person during the period of commitment in a place satisfactory to the judge.
(c) The legal guardian, relative or friend requesting the release establishes all of the following to the satisfaction of the court:
(A) The ability of the legal guardian, relative or friend to care for the person.
(B) That there are adequate financial resources available for the care of the person.
(2) If the court determines to allow conditional release, the court shall order that the person be conditionally released and placed in the care of the requester. The court shall establish any terms and conditions on the conditional release that the court determines appropriate.
(3) Any conditional release ordered under this section is subject to the provisions under ORS 426.275. [1987 c.903 §18; 2013 c.360 §28]
Structure 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 426.074 - Investigation; procedure; content; report.
Section 426.075 - Notice and records of treatment prior to hearing; procedures.
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 426.133 - Assisted outpatient treatment.
Section 426.140 - Place of confinement; attendant.
Section 426.150 - Transportation to treatment facility.
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 426.231 - Hold by licensed independent practitioner; when authorized; statement required.
Section 426.232 - Emergency admission; notice; limit of hold.
Section 426.235 - Transfer between hospital and nonhospital facilities.
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 426.330 - Presentation and payment of claims.
Section 426.335 - Limitations on liability.
Section 426.385 - Rights of committed persons.
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 426.506 - Community Mental Health Housing Fund; Community Housing Trust Account; report.
Section 426.650 - Voluntary admission to state institution; rules.