Oregon Revised Statutes Chapter 426 § 426.701 — Commitment of “extremely dangerous” person with qualifying mental disorder;

Commitment of “extremely dangerous” person with qualifying mental disorder; requirements for conditional release; rules. (1) For the purposes of this section and ORS 426.702: (a) A person is “extremely dangerous” if the person: (A) Is at least 18 years of age; (B) Is exhibiting symptoms or behaviors of a qualifying mental disorder substantially similar to those that preceded the act described in subsection (3)(a)(C) of this section; and (C) Because of a qualifying mental disorder: (i) Presents a serious danger to the safety of other persons by reason of an extreme risk that the person will inflict grave or potentially lethal physical injury on other persons; and (ii) Unless committed, will continue to represent an extreme risk to the safety of other persons in the foreseeable future. (b) “Qualifying mental disorder” does not include: (A) A disorder manifested solely by repeated criminal or otherwise antisocial conduct; or (B) A disorder constituting solely a personality disorder. (c) A qualifying mental disorder is “resistant to treatment” if the person continues to be significantly impaired in the person’s ability to make competent decisions and to be aware of and control extremely dangerous behavior after: (A) Receiving care from a licensed psychiatrist or a licensed nurse practitioner with a specialty in psychiatric mental health and exhausting all reasonably psychiatric treatment; or (B) Refusing psychiatric treatment. (d) A person “attempted to” cause a result or engage in specified conduct if the person intentionally engaged in conduct that constituted a substantial step toward causing the result or completing the specified conduct, and the substantial step created an actual and extreme risk of grave or potentially lethal physical injury to another person. (2)(a) A district attorney may petition the court to initiate commitment proceedings described in this section if there is reason to believe a person is an extremely dangerous person with mental illness. Venue is proper in the county in which the person is alleged to have committed the qualifying act or the county in which the person lives. The petition shall immediately be served upon the person. (b) If a person is committed to a state hospital under ORS 161.365 or 161.370 and the state hospital intends to discharge the person, the district attorney may provide notice to the superintendent of the state hospital indicating an intent to file a petition under this section. Upon receipt of the notice, the superintendent may delay discharge of the person for up to seven judicial days to allow for the petition to be filed and for the court to make findings under paragraph (f) of this subsection. (c) The person shall be advised in writing of: (A) The allegation that the person is an extremely dangerous person with mental illness and may be committed to the jurisdiction of the Psychiatric Security Review Board for a maximum period of 24 months; and (B) The right to a hearing to determine whether the person is an extremely dangerous person with mental illness, unless the person consents to the commitment by waiving the right to a hearing in writing after consultation with legal counsel. (d) A person against whom a petition described in this subsection is filed shall have the following: (A) The right to obtain suitable legal counsel possessing skills and experience commensurate with the nature of the allegations and complexity of the case and, if the person is without funds to retain legal counsel, the right to have the court appoint legal counsel; (B) The right to subpoena witnesses and to offer evidence on behalf of the person at the hearing; (C) The right to cross-examine any witnesses who appear at the hearing; and (D) The right to examine all reports, documents and information that the court considers, including the right to examine the reports, documents and information prior to the hearing, if available. (e) Upon receipt of the petition, the court shall schedule a hearing and shall appoint an examiner as described in ORS 426.110 to evaluate the person. If the person is in custody or committed while the hearing is pending, the hearing must commence within 30 days of filing the petition unless good cause is found by the court. If the court finds good cause, the hearing must commence no later than 60 days after the filing of the petition or, if the district attorney provided notice under paragraph (b) of this subsection, the date of the notice, whichever occurs first. As used in this paragraph, “good cause” means: (A) The person who would be considered the victim of the act described in subsection (3)(a)(C) of this section if the act were criminally prosecuted, or an essential witness for either the state or the person, is unable to testify within the 30-day period. (B) The attorney for the person cannot reasonably be expected to participate in the hearing within the 30-day period, c