Taken In For An Evaluation
ORS 426.228 and ORS 426.232 — custody on probable cause, and a hold of no more than five judicial days
An Oregon peace officer may take into custody a person the officer has probable cause to believe is a danger to self or others and in need of immediate care, custody or treatment for mental illness, and, as the community mental health program director directs, takes the person to the nearest approved hospital or nonhospital facility. The officer writes a report giving the reason for custody and the date, time and place.
Examined immediately. At the facility, a licensed independent practitioner examines the person immediately. If the person is not found to need emergency care or treatment for mental illness, the person may not be kept in custody and is returned to where the person was taken into custody, unless the person declines.
If a practitioner unrelated to the person finds the person a danger to self or others and in need of emergency care, the practitioner may detain and admit the person to a hospital or approve emergency care at a nonhospital facility. On admission the person is told of the right to a lawyer, given the required warning, examined, and the condition and need for care are set out in writing; the circuit court is notified.
| The hold | Limit |
|---|---|
| The holdDetention before a commitment hearing | LimitNot more than five judicial days without a hearing |
| The holdA case where the person was released before the hearing | LimitDismissed no later than 14 days after the person was first detained, unless a recommendation to proceed is received |
The commitment hearing itself, diversion from commitment, and the standards for commitment are set out in sections not reproduced here. A practitioner may release the person at any time before the hearing on finding the person no longer a danger. Whether a particular hold was lawful is a question for a licensed Oregon attorney.
Sources for this section (3)
- ORS 426.228 — Custody
- ORS 426.232 — Emergency admission
- ORS 426.234 — Duties of professionals at facility where person admitted
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.