Oregon Code § 426.077·Enacted ·Last updated March 01, 2026
Statute Text
Diversion from commitment; offer; treatment plan; consent; duration; prohibited
treatment; transfer between facilities; discharge; dismissal or recommencement
of proceedings; rules.
(1) At any time before the conclusion of a hearing under ORS 426.095, the
community mental health program director may offer a person alleged to have a
mental illness and to be in need of treatment a diversion from commitment as an
opportunity for intensive treatment if:
(a) The community
mental health program director and a licensed independent practitioner of a
hospital or nonhospital facility have probable cause to believe the person has
a mental illness and is in need of treatment; and
(b)(A) The
hospital or nonhospital facility is approved by the Oregon Health Authority;
and
(B) The community
mental health program director and the licensed independent practitioner agree
that the hospital or nonhospital facility can provide the intensive care or
treatment for mental illness that is necessary and sufficient to meet the
emergency psychiatric needs of the person.
(2)(a) The
community mental health program director shall provide notice of the offer of
diversion from commitment:
(A) In writing to
the court having jurisdiction under ORS 426.060; and
(B) Orally and in
writing to the person alleged to have a mental illness and to be in need to
treatment.
(b) The notice
under this subsection must include all of the following:
(A) A written
statement by the community mental health program director and the licensed
independent practitioner, attesting that the director and the practitioner have
probable cause to believe the person has a mental illness and is in need of
treatment.
(B) A diversion
treatment plan described in subsection (3) of this section.
(C) Notice of the
persons right to request and be provided with a hearing under ORS 426.070 to
Plain English Explanation
This Oregon statute addresses Diversion from commitment; offer; treatment plan; consent; duration; prohibited
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 426.077
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Diversion from commitment; offer; treatment plan; consent; duration; prohibited
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