Oregon Revised Statutes Chapter 426 § 426.210 — Limit

Limit of detention after commitment in emergency proceedings. An individual admitted to a hospital or nonhospital facility pursuant to the emergency proceedings under ORS 426.180 and 426.200 may not be detained there for more than five judicial days following admission. The court, for good cause, may allow a postponement and detention during a postponement as provided under ORS 426.095. [Amended by 1987 c.903 §23; 2012 c.25 §3] (Intersection of Tribal and State Behavioral Health) Note: Sections 38 to 40, chapter 559, Oregon Laws 2025, provide: Sec. 38. Tribal and state court intersection. (1)(a) The Judicial Department shall study tribal and state interactions relating to the involuntary hospitalization and mental or behavioral health treatment of tribal members in the state civil or criminal justice systems. (b) The department shall collect the following existing data: (A) Data related to civil commitment proceedings involving members of one or more federally recognized tribes; (B) Data related to competency proceedings for criminal defendants who are members of one or more federally recognized tribes; (C) Data related to findings of guilt except for insanity for criminal defendants who are members of one or more federally recognized tribes; (D) Data related to the participation of members of one or more federally recognized tribes in specialty courts, including regarding culturally specific services provided or available to those members in relation to their participation in the specialty court; and (E) Other data determined by the department to be relevant to the intersection between state and tribal mental and behavioral health judicial proceedings. (c)(A) The department shall prepare a report analyzing the data collected under this subsection. The department shall include in the report a descriptive analysis of the barriers, if any, the department encounters collecting or analyzing the data described in this subsection. (B) Data contained in the report must be aggregated at the statewide, countywide and tribal level for each subject identified in subsection (1) of this section. (C) The report may not include personally identifiable information regarding any individual. (2)(a) The Oregon Health Authority shall assist the department in the collection of the data described in subsection (1) of this section and, to the extent permitted by state and federal law, provide the department with information the department considers necessary to conduct the study described in subsection (1) of this section. (b) Information and data collected by the department or the authority under this section may be used only for statistical purposes. (3) The department shall submit the report described in subsection (1) of this section in the manner provided by ORS 192.245, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to the judiciary and behavioral health no later than December 15, 2025. [2025 c.559 §38] Sec. 39. Task Force on Intersection of Tribal and State Forensic Behavioral Health. (1) The Task Force on the Intersection of Tribal and State Forensic Behavioral Health is established. (2) The task force consists of 17 members appointed as follows: (a) The Governor shall appoint four members, as follows: (A) One member who represents the office of the Governor; (B) One member who represents the Oregon Health Authority; (C) One member who represents the Department of Justice; and (D) One member who represents community mental health providers. (b) The Governor, in consultation with the Commission on Indian Services, shall appoint 11 members, as follows: (A) Nine members who are tribal court judges or staff or other individuals designated by an Indian tribe, and who shall each represent one of the nine federally recognized Indian tribes located in Oregon; and (B) Two members who represent tribal service providers. (c) The Chief Justice of the Supreme Court shall appoint two members, as follows: (A) One member who is a judge with expertise in the competency to proceed process; and (B) One member who is a representative of the Tribal, State, and Federal Court Forum. (3) The task force shall examine tribal and state interactions relating to involuntary hospitalization and mental or behavioral health treatment of tribal members in the state civil and criminal systems and: (a) Identify data sharing needs between tribal service providers, tribal courts and nontribal service providers, the Oregon Health Authority and Oregon courts, and identify methods for resolving barriers to data sharing; (b) Examine mental and behavioral health care services provided within tribal lands and to tribal members and identify barriers to providing care to tribal individuals; (c) Determine barriers to tribal members receiving care at the Oregon State Hospital pursuant to competency restoration orders or civil commitment