ORS Chapter 426 — Persons With Mental Illness;

ORS 426.233. following: (a) Recommend, in an investigation report as provided in ORS 426.074, that the circuit court not proceed further in the matter if the community mental health program director does not believe the person is a person with mental illness or that the person is in need of assisted outpatient treatment. (b) No later than three judicial days after initiation of a prehearing period of detention as provided in ORS 426.070, 426.140, 426.232 or 426.233, certify the detained person for a 14-day period of intensive treatment if: (A) The community mental health program director and a licensed independent practitioner have probable cause to believe the person is a person with mental illness; (B) The community mental health program director in the county where the person resides verbally approves the arrangements for payment for the services at the hospital or nonhospital facility; and (C) The community mental health program director locates a hospital or nonhospital facility that: (i) Is approved by the authority and the community mental health program director in the county where the person resides; and (ii) Can, in the opinion of the community mental health program director and the licensed independent practitioner, provide intensive care or treatment for mental illness necessary and sufficient to meet the emergency psychiatric needs of the person. (c) Recommend, in an investigation report as provided in ORS 426.074, that the circuit court hold a hearing under ORS 426.070 to 426.130 if the community mental health program director has probable cause to believe the person is a person with mental illness or that the person is in need of assisted outpatient treatment. (2)(a) If the circuit court adopts the recommendation of the community mental health program director under subsection (1)(a) of this section, the circuit court shall enter an order releasing the person and dismissing the case. Unless the person agrees to voluntary treatment, if the person is being detained in a: (A) Nonhospital facility, the community mental health program director shall make discharge plans and ensure the discharge of the person. (B) Hospital, the licensed independent practitioner who is treating the person shall make discharge plans and discharge the person. (b) Upon release of the person, the community mental health program director shall attempt to notify the persons next of kin if the person consents to the notification. (3)(a) If the detained person is certified for treatment under subsection (1)(b) of this section, the community mental health program director shall: (A) Deliver immediately a certificate to the court having jurisdiction under ORS 426.060; and (B) Orally inform the person of the certification and deliver a copy of the certificate to the person. (b) The certificate required by paragraph (a) of this subsection shall include: (A) A written statement under oath by the community mental health program director and the licensed independent practitioner that they have probable cause to believe the person is a person with mental illness in need of care or treatment for mental illness; (B) A treatment plan that describes, in general terms, the types of treatment and medication to be provided to the person during the 14-day period of intensive treatment; (C) A notice of the persons right to an attorney and that an attorney will be appointed by the court or as otherwise obtained under ORS 426.100 (3); (D) A notice that the person has a right to request and be provided a hearing under ORS 426.070 to 426.130 at any time during the 14-day period; and (E) The date and time the copy of the certificate was delivered to the person. (c) Immediately upon receipt of a certificate under paragraph (a) of this subsection, the court shall notify the persons attorney or appoint an attorney for the person if the person cannot afford one. Within 24 hours of the time the certificate is delivered to the court, the persons attorney shall review the certificate with the person. If the person and the persons attorney consent to the certification within one judicial day of the time the certificate is delivered to the circuit court and, except as provided in subsection (4) of this section, the court shall postpone the hearing required by ORS 426.070 to