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Civil Commitment

What is Civil Commitment?

Civil commitment is a process in which a judge decides whether a person alleged to be mentally ill should be required to accept mental health treatment. A civil commitment is not a criminal conviction and will not go on a criminal record.

When a civil commitment petition has been filed, an investigator from the Community Mental Health Program (CMHP) investigates the need for the commitment. Depending on the investigator’s decision, the case may be dismissed without a hearing, the person may go into a diversion program, or a hearing may be held. If a hearing is held, the person has a lawyer and witnesses testify. The judge then makes a decision whether the person should be committed. If the person is committed, the person may be hospitalized or may be required to undergo treatment in some other setting.

A person can be committed if after hearing from witnesses a judge finds by clear and convincing evidence that the person has a mental disorder and, because of that mental disorder, is:

  • Dangerous to self or others, or
  • Unable to provide for basic personal needs like health and safety.

Or, the judge can find that a person is:

  • Diagnosed as having a major mental illness such as schizophrenia or manic-depression, and
  • Has been committed and hospitalized twice in the last three years, is showing symptoms or behavior similar to those that preceded and led to a prior hospitalization and, unless treated, will continue, to a reasonable medical probability, to deteriorate to become a danger to self or others or unable to provide for basic needs.
Civil Commitment Oregon Administrative Rule​

Forms

  
  
MHD 309.110bStatement of Services from Examiners for Commitment Hearings
MHD 309.33-260Copy of Certificate for Diversion from Commitment
MHD 309.33-940Report of Mental Health Investigator
MHD 426.060Notification of Mental Illness
MHD 426.070Withdrawl of Notification of Mental Illness
MHD 426.072Notice of Treatment Prior to Hearing
MHD 426.074Application for Extension To Conduct Pre-Comitment Investigation
MHD 426.095Request for Postponement of Commitment Hearing
MHD 426.110-1Request and Order Appointing One Examiner
MHD 426.110-2Order Appointing Two Examiners
MHD 426.120Report of Mental Health Examiner
MHD 426.123Client notice of Civil Rights
MHD 426.125Conditional Release
MHD 426.127Outpatient Commitment
MHD 426.130Order of Commitment
MHD 426.150Delivery Warrant
MHD 426.228Report of Peace Officer Custody of an Allegedly Mentally Ill Person
MHD 426.232Notice of Mental Illness Emergency Hospitilization By A Physician
MHD 426.233Emergency Detention By A Community Mental Health Program Director or Designee (Director's Hold)
MHD 426.234-2CNotice of Release From Hospital Detention By a Physician
MHD 426.235 H-HNotification of Transfer of An Allegedly Mentally Ill Person In Custody (Hospital to Hospital Transfer)
MHD 426.235 H-haAuthorization To Transfer A Person On An Emergency Psychiatric Hold Between Hospitals
MHD 426.273Conditions of Placement for Committed Persons Assigned to Trial Visit
MHD 426.275 ocOrder Of Continued Commitment (Revocation of Outpatient Commitment)
MHD 426.275Notification of Failure to Adhere to Conditions of Placement
MHD 426.275-4Order Transferring Jurisdiction
MHD 426.292Termination of Commitment- Request to Convert to Voluntary Status
MHD 426.301 revOrder Of Continued Commitment (Revocation of Trial Visit)
MHD 426.301Certificate For Continued Commitment for Mental Illness
MHD 426.307 ProtestedOrder Of Continued Commitment (Protested)
MHD 426.307Order Of Continued Commitment (Not Protested)
MHD 426.321-2Notification of Discharge From Civil Commitment
MHS 426.275 crOrder Of Continued Commitment (Revocation of Conditional Release)
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Contact Information
Keith Breswick​, Civil Commitment Coordinator
(503) 945-7819
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