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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
Senate Bill 834
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conform-
ance with presession filing rules, indicating neither advocacy nor opposition on the part of the
President (at the request of Governor Tina Kotek for Oregon Health Authority)
CHAPTER .................................................
AN ACT
Relating to facilities that provide mental health treatment; creating new provisions; and amending
ORS 161.362, 161.371, 426.010, 426.020, 426.220, 426.650, 426.701 and 430.630.
Be It Enacted by the People of the State of Oregon:
MINIMUM AGE REQUIREMENT FOR PATIENTS TREATED AT STATE HOSPITALS
SECTION 1. ORS 426.010 is amended to read:
426.010. (1) Except as otherwise ordered by the Oregon Health Authority pursuant to ORS
179.325, the Oregon State Hospital campuses in Salem, Marion County, and in Junction City, Lane
County, shall be used as state hospitals for the inpatient care and treatment of persons with mental
illness who are assigned to the care of the institutions by the authority or who have previously been
committed to the institutions.
(2) The state hospitals described in this section may not provide care or treatment to
individuals under 18 years of age.
SECTION 2. ORS 426.220 is amended to read:
426.220. (1) Pursuant to rules and regulations promulgated by the Oregon Health Authority, the
superintendent of any state hospital for the treatment and care of persons with mental illness may
admit and hospitalize therein as a patient, any person who may have a nervous disorder or a mental
illness, and who voluntarily has made written application for such admission. No person under the
age of 18 years shall be admitted as a patient to any such state hospital [ unless an application
therefor in behalf of the person has been executed by the parent, adult next of kin or legal guardian
of the person ]. Except when a period of longer hospitalization has been imposed as a condition of
admission, pursuant to rules and regulations of the authority, no person voluntarily admitted to any
state hospital shall be detained therein more than 72 hours after the person[ , if at least 18 years of
age,] has given notice in writing of a desire to be discharged therefrom[ , or, if the patient is under
the age of 18 years, after notice in writing has been given by the parent, adult next of kin or legal
guardian of the person that such parent, adult next of kin or legal guardian desires that such person
be discharged therefrom ].
(2) Any person voluntarily admitted to a state hospital pursuant to this section may upon ap-
plication and notice to the superintendent of the hospital concerned, be granted a temporary leave
of absence from the hospital if such leave, in the opinion of the superintendent, will not interfere
with the successful treatment or examination of the applicant for leave.
Enrolled Senate Bill 834 (SB 834-INTRO)Page 1
[(3) Upon admission or discharge of a minor to or from a state hospital the superintendent shall
immediately notify the parent or guardian. ]
SECTION 3. ORS 426.650 is amended to read:
426.650. (1) Pursuant to rules promulgated by the Oregon Health Authority, the superintendent
of any state hospital for the treatment and care of persons with mental illness may admit and hos-
pitalize therein as a patient any person in need of medical or mental therapeutic treatment as a
sexually dangerous person who voluntarily has made written application for such admission. No
person under the age of 18 years shall be admitted as a patient to any such state hospital [ unless
an application therefor in behalf of the person has been executed by the parent, adult next of kin or
legal guardian of the person ]. Pursuant to rules and regulations of the authority, no person volun-
tarily admitted to any state hospital shall be detained therein more than 72 hours after the
person[, if at least 18 years of age,] has given notice in writing of desire to be discharged
therefrom[, or, if the patient is under the age of 18 years, after notice in writing has been given by the
parent, adult next of kin or legal guardian of the person that such parent, adult next of kin or legal
guardian desires that such person be discharged therefrom ].
(2) Any person voluntarily admitted to a state facility pursuant to this section may upon appli-
cation and notice to the superintendent of the institution concerned, be granted a temporary leave
of absence from the institution if such leave, in the opinion of the chief medical officer, will not
interfere with the successful treatment or examination of the applicant.
SECTION 4. ORS 430.630 is amended to read:
430.630. (1) In addition to any other requirements that may be established by rule by the Oregon
Health Authority, each community mental health program, subject to the availability of funds, shall
provide guidance and assistance to local Behavioral Health Resource Networks for the joint devel-
opment of programs and activities to increase access to treatment and shall provide the following
basic services to persons with alcoholism or drug dependence, and persons who are alcohol or drug
abusers:
(a) Outpatient services;
(b) Aftercare for persons released from hospitals;
(c) Training, case and program consultation and education for community agencies, related
professions and the public;
(d) Guidance and assistance to other human service agencies for joint development of prevention
programs and activities to reduce factors causing alcohol abuse, alcoholism, drug abuse and drug
dependence; and
(e) Age-appropriate treatment options for older adults.
(2) As alternatives to state hospitalization, it is the responsibility of the community mental
health program to ensure that, subject to the availability of funds, the following services for persons
with alcoholism or drug dependence, and persons who are alcohol or drug abusers, are available
when needed and approved by the Oregon Health Authority:
(a) Emergency services on a 24-hour basis, such as telephone consultation, crisis intervention
and prehospital screening examination;
(b) Care and treatment for a portion of the day or night, which may include day treatment
centers, work activity centers and after-school programs;
(c) Residential care and treatment in facilities such as halfway houses, detoxification centers
and other community living facilities;
(d) Continuity of care, such as that provided by service coordinators, community case develop-
ment specialists and core staff of federally assisted community mental health centers;
(e) Inpatient treatment in community hospitals; and
(f) Other alternative services to state hospitalization as defined by the Oregon Health Authority.
(3) In addition to any other requirements that may be established by rule of the Oregon Health
Authority, each community mental health program, subject to the availability of funds, shall provide
or ensure the provision of the following services to persons with mental or emotional disturbances:
(a) Screening and evaluation to determine the client’s service needs;
Enrolled Senate Bill 834 (SB 834-INTRO) Page 2
(b) Crisis stabilization to meet the needs of persons with acute mental or emotional disturb-
ances, including the costs of investigations and prehearing detention in community hospitals or
other facilities approved by the authority for persons involved in involuntary commitment proce-
dures;
(c) Vocational and social services that are appropriate for the client’s age, designed to improve
the client’s vocational, social, educational and recreational functioning;
(d) Continuity of care to link the client to housing and appropriate and available health and
social service needs;
(e) Psychiatric care in state and community hospitals, subject to the provisions of subsection (4)
of this section;
(f) Residential services;
(g) Medication monitoring;
(h) Individual, family and group counseling and therapy;
(i) Public education and information;
(j) Prevention of mental or emotional disturbances and promotion of mental health;
(k) Consultation with other community agencies;
(L) Preventive mental health services for children and adolescents, including primary prevention
efforts, early identification and early intervention services. Preventive services should be patterned
after service models that have demonstrated effectiveness in reducing the incidence of emotional,
behavioral and cognitive disorders in children. As used in this paragraph:
(A) “Early identification” means detecting emotional disturbance in its initial developmental
stage;
(B) “Early intervention services” for children at risk of later development of emotional disturb-
ances means programs and activities for children and their families that promote conditions, oppor-
tunities and experiences that encourage and develop emotional stability, self-sufficiency and
increased personal competence; and
(C) “Primary prevention efforts” means efforts that prevent emotional problems from occurring
by addressing issues early so that disturbances do not have an opportunity to develop; and
(m) Preventive mental health services for older adults, including primary prevention efforts,
early identification and early intervention services. Preventive services should be patterned after
service models that have demonstrated effectiveness in reducing the incidence of emotional and be-
havioral disorders and suicide attempts in older adults. As used in this paragraph:
(A) “Early identification” means detecting emotional disturbance in its initial developmental
stage;
(B) “Early intervention services” for older adults at risk of development of emotional disturb-
ances means programs and activities for older adults and their families that promote conditions,
opportunities and experiences that encourage and maintain emotional stability, self-sufficiency and
increased personal competence and that deter suicide; and
(C) “Primary prevention efforts” means efforts that prevent emotional problems from occurring
by addressing issues early so that disturbances do not have an opportunity to develop.
(4) A community mental health program shall assume responsibility for psychiatric care in state
and community hospitals, as provided in subsection (3)(e) of this section, in the following circum-
stances:
(a) The person receiving care is a resident of the county served by the program. For purposes
of this paragraph, “resident” means the resident of a county in which the person maintains a current
mailing address or, if the person does not maintain a current mailing address within the state, the
county in which the person is found, or the county in which a court-committed person with a mental
illness has been conditionally released.
(b) The person has been hospitalized involuntarily or voluntarily, pursuant to ORS 426.130 or
426.220, [ except for persons confined to the Secure Child and Adolescent Treatment Unit at Oregon
State Hospital, ] or has been hospitalized as the result of a revocation of conditional release.
(c) Payment is made for the first 60 consecutive days of hospitalization.
Enrolled Senate Bill 834 (SB 834-INTRO) Page 3
(d) The hospital has collected all available patient payments and third-party reimbursements.
(e) In the case of a community hospital, the authority has approved the hospital for the care of
persons with mental or emotional disturbances, the community mental health program has a con-
tract with the hospital for the psychiatric care of residents and a representative of the program
approves voluntary or involuntary admissions to the hospital prior to admission.
(5) Subject to the review and approval of the Oregon Health Authority, a community mental
health program may initiate additional services after the services defined in this section are pro-
vided.
(6) Each community mental health program and the state hospital serving the program’s ge-
ographic area shall enter into a written agreement concerning the policies and procedures to be
followed by the program and the hospital when a patient is admitted to, and discharged from, the
hospital and during the period of hospitalization.
(7) Each community mental health program shall have a mental health advisory committee, ap-
pointed by the board of county commissioners or the county court or, if two or more counties have
combined to provide mental health services, the boards or courts of the participating counties or,
in the case of a Native American reservation, the tribal council.
(8) A community mental health program may request and the authority may grant a waiver re-
garding provision of one or more of the services described in subsection (3) of this section upon a
showing by the county and a determination by the authority that persons with mental or emotional
disturbances in that county would be better served and unnecessary institutionalization avoided.
(9)(a) As used in this subsection, “local mental health authority” means one of the following
entities:
(A) The board of county commissioners of one or more counties that establishes or operates a
community mental health program;
(B) The tribal council, in the case of a federally recognized tribe of Native Americans that elects
to enter into an agreement to provide mental health services; or
(C) A regional local mental health authority comprising two or more boards of county commis-
sioners.
(b) Each local mental health authority that provides mental health services shall determine the
need for local mental health services and adopt a comprehensive local plan for the delivery of
mental health services for children, families, adults and older adults that describes the methods by
which the local mental health authority shall provide those services. The purpose of the local plan
is to create a blueprint to provide mental health services that are directed by and responsive to the
mental health needs of individuals in the community served by the local plan. A local mental health
authority shall coordinate its local planning with the development of the community health im-
provement plan under ORS 414.575 by the coordinated care organization serving the area. The
Oregon Health Authority may require a local mental health authority to review and revise the local
plan periodically.
(c) The local plan shall identify ways to:
(A) Coordinate and ensure accountability for all levels of care described in paragraph (e) of this
subsection;
(B) Maximize resources for consumers and minimize administrative expenses;
(C) Provide supported employment and other vocational opportunities for consumers;
(D) Determine the most appropriate service provider among a range of qualified providers;
(E) Ensure that appropriate mental health referrals are made;
(F) Address local housing needs for persons with mental health disorders;
(G) Develop a process for discharge from state and local psychiatric hospitals and transition
planning between levels of care or components of the system of care;
(H) Provide peer support services, including but not limited to drop-in centers and paid peer
support;
(I) Provide transportation supports; and
Enrolled Senate Bill 834 (SB 834-INTRO) Page 4
(J) Coordinate services among the criminal and juvenile justice systems, adult and juvenile
corrections systems and local mental health programs to ensure that persons with mental illness
who come into contact with the justice and corrections systems receive needed care and to ensure
continuity of services for adults and juveniles leaving the corrections system.
(d) When developing a local plan, a local mental health authority shall:
(A) Coordinate with the budgetary cycles of state and local governments that provide the local
mental health authority with funding for mental health services;
(B) Involve consumers, advocates, families, service providers, schools and other interested par-
ties in the planning process;
(C) Coordinate with the local public safety coordinating council to address the services de-
scribed in paragraph (c)(J) of this subsection;
(D) Conduct a population based needs assessment to determine the types of services needed lo-
cally;
(E) Determine the ethnic, age-specific, cultural and diversity needs of the population served by
the local plan;
(F) Describe the anticipated outcomes of services and the actions to be achieved in the local
plan;
(G) Ensure that the local plan coordinates planning, funding and services with:
(i) The educational needs of children, adults and older adults;
(ii) Providers of social supports, including but not limited to housing, employment, transporta-
tion and education; and
(iii) Providers of physical health and medical services;
(H) Describe how funds, other than state resources, may be used to support and implement the
local plan;
(I) Demonstrate ways to integrate local services and administrative functions in order to support
integrated service delivery in the local plan; and
(J) Involve the local mental health advisory committees described in subsection (7) of this sec-
tion.
(e) The local plan must describe how the local mental health authority will ensure the delivery
of and be accountable for clinically appropriate services in a continuum of care based on consumer
needs. The local plan shall include, but not be limited to, services providing the following levels of
care:
(A) Twenty-four-hour crisis services;
(B) Secure and nonsecure extended psychiatric care;
(C) Secure and nonsecure acute psychiatric care;
(D) Twenty-four-hour supervised structured treatment;
(E) Psychiatric day treatment;
(F) Treatments that maximize client independence;
(G) Family and peer support and self-help services;
(H) Support services;
(I) Prevention and early intervention services;
(J) Transition assistance between levels of care;
(K) Dual diagnosis services;
(L) Access to placement in state-funded psychiatric hospital beds;
(M) Precommitment and civil commitment in accordance with ORS chapter 426; and
(N) Outreach to older adults at locations appropriate for making contact with older adults, in-
cluding senior centers, long term care facilities and personal residences.
(f) In developing the part of the local plan referred to in paragraph (c)(J) of this subsection, the
local mental health authority shall collaborate with the local public safety coordinating council to
address the following:
(A) Training for all law enforcement officers on ways to recognize and interact with persons
with mental illness, for the purpose of diverting them from the criminal and juvenile justice systems;
Enrolled Senate Bill 834 (SB 834-INTRO) Page 5
(B) Developing voluntary locked facilities for crisis treatment and follow-up as an alternative
to custodial arrests;
(C) Developing a plan for sharing a daily jail and juvenile detention center custody roster and
the identity of persons of concern and offering mental health services to those in custody;
(D) Developing a voluntary diversion program to provide an alternative for persons with mental
illness in the criminal and juvenile justice systems; and
(E) Developing mental health services, including housing, for persons with mental illness prior
to and upon release from custody.
(g) Services described in the local plan shall:
(A) Address the vision, values and guiding principles described in the Report to the Governor
from the Mental Health Alignment Workgroup, January 2001;
(B) Be provided to children, older adults and families as close to their homes as possible;
(C) Be culturally appropriate and competent;
(D) Be, for children, older adults and adults with mental health needs, from providers appropri-
ate to deliver those services;
(E) Be delivered in an integrated service delivery system with integrated service sites or proc-
esses, and with the use of integrated service teams;
(F) Ensure consumer choice among a range of qualified providers in the community;
(G) Be distributed geographically;
(H) Involve consumers, families, clinicians, children and schools in treatment as appropriate;
(I) Maximize early identification and early intervention;
(J) Ensure appropriate transition planning between providers and service delivery systems, with
an emphasis on transition between children and adult mental health services;
(K) Be based on the ability of a client to pay;
(L) Be delivered collaboratively;
(M) Use age-appropriate, research-based quality indicators;
(N) Use best-practice innovations; and
(O) Be delivered using a community-based, multisystem approach.
(h) A local mental health authority shall submit to the Oregon Health Authority a copy of the
local plan and revisions adopted under paragraph (b) of this subsection at time intervals established
by the Oregon Health Authority.
PSYCHIATRIC MENTAL HEALTH NURSE PRACTITIONER
SECTION 5.
ORS 426.701 is amended to read:
426.701. (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[, after receiving care from a li-
censed psychiatrist and exhausting all reasonable psychiatric treatment, or after refusing psychiatric
treatment,] the person continues to be significantly impaired in the person’s ability to make compe-
tent decisions and to be aware of and control extremely dangerous behavior after:
Enrolled Senate Bill 834 (SB 834-INTRO) Page 6
(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 .
(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 quali-
fying 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 super-
intendent 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 pe-
riod 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 fol-
lowing:
(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, in-
cluding the right to examine the reports, documents and information prior to the hearing, if avail-
able.
(e) Upon receipt of the petition, the court shall schedule a hearing and shall appoint an exam-
iner 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 para-
graph (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, cannot be adequately prepared to represent the person at the hearing
within the 30-day period, or has a schedule conflict that cannot be resolved in a manner that allows
the attorney to represent the person at a hearing within the 30-day period.
(C) An examiner cannot be appointed to conduct the examination, or conduct the examination
and prepare a report, within the 30-day period.
(D) If a guardian ad litem is appointed on the case, the guardian ad litem cannot be prepared
for a hearing within the 30-day period.
Enrolled Senate Bill 834 (SB 834-INTRO) Page 7
(f)(A) The court may order that the person be committed to the custody of the superintendent
of a state hospital or the director of a secure mental health facility while the petition is pending if
the court finds probable cause that:
(i) The person is at least 18 years of age;
(ii) The person has a qualifying mental disorder that is resistant to treatment;
(iii) The person committed an act described in subsection (3)(a)(C) of this section; and
(iv) Failure to commit the person while the hearing is pending would pose serious harm or
danger to the person or others.
(B) If a person committed under this paragraph is held in a secure facility other than a state
hospital or secure mental health facility, including but not limited to a jail or prison, at the time
the petition is filed, the court may further order that the person remain at that placement for suf-
ficient time to allow the superintendent or director to safely admit the person. Any order of the
court concerning the placement of a person under this subparagraph must be in accordance with the
person’s constitutional right to due process. If the person remains in a secure facility under this
subparagraph, the superintendent, director or designee may consult with the facility to ensure con-
tinuity of care for the person.
(C) Commitment to the custody of the superintendent of a state hospital or the director of a
secure mental health facility under this paragraph may not exceed 60 days. If the hearing does not
occur within 60 days, if the district attorney dismisses the petition, or if the court holds the hearing
but does not commit the person, the person shall be returned to the county in which the petition
was filed and the court shall hold a disposition hearing within five judicial days to determine how
to proceed on the petition and any outstanding criminal charges. A person who is returned to a
secure facility other than a state hospital or secure mental health facility, including but not limited
to a jail or prison, under this paragraph may remain at the placement until the disposition hearing.
(g) If the hearing is not commenced within the time period required by paragraph (e) of this
subsection, the court shall either dismiss the petition or release the person on personal recogni-
zance, to the custody of a third party or upon any additional reasonable terms and conditions the
court deems appropriate.
(3)(a) At the hearing on the petition, the court shall order the person committed as an extremely
dangerous person with mental illness under the jurisdiction of the Psychiatric Security Review
Board for a maximum of 24 months if the court finds, by clear and convincing evidence, that:
(A) The person is extremely dangerous;
(B) The person suffers from a qualifying mental disorder that is resistant to treatment; and
(C) Because of the qualifying mental disorder that is resistant to treatment, the person com-
mitted one of the following acts:
(i) Caused the death of another person;
(ii) Caused serious physical injury to another person by means of a dangerous weapon;
(iii) Caused physical injury to another person by means of a firearm as defined in ORS 166.210
or an explosive as defined in ORS 164.055;
(iv) Engaged in oral-genital contact with a child under 14 years of age;
(v) Forcibly compelled sexual intercourse, oral-genital contact or the penetration of another
person’s anus or vagina; or
(vi) Caused a fire or explosion that damaged the protected property of another, as those terms
are defined in ORS 164.305, or placed another person in danger of physical injury, and the fire or
explosion was not the incidental result of normal and usual daily activities.
(b) The court shall further commit the person to a state hospital for custody, care and treatment
if the court finds, by clear and convincing evidence, that the person cannot be controlled in the
community with proper care, medication, supervision and treatment on conditional release.
(c) The court shall specify in the order whether any person who would be considered a victim
as defined in ORS 131.007 of the act described in paragraph (a)(C) of this subsection, if the act had
been criminally prosecuted, requests notification of any order or hearing, conditional release, dis-
charge or escape of the person committed under this section.
Enrolled Senate Bill 834 (SB 834-INTRO) Page 8
(d) The court shall be fully advised of all drugs and other treatment known to have been ad-
ministered to the alleged extremely dangerous person with mental illness that may substantially af-
fect the ability of the person to prepare for, or to function effectively at, the hearing.
(e) The provisions of ORS 40.230, 40.235, 40.240, 40.250 and 179.505 do not apply to the use of
the examiner’s report and the court may consider the report as evidence.
(4) The findings of the court that a person committed an act described in subsection (3)(a)(C)
of this section may not be admitted in a criminal prosecution.
(5)(a) If the court commits a person under this section and the person has pending criminal
charges at the time of the hearing, the court shall dismiss the criminal charges without prejudice,
and if the person is further committed to a state hospital under this section, the dismissal shall not
take effect until the person’s transportation to the state hospital.
(b) If the court commits a person to the state hospital under this section and:
(A) The person is in a setting other than a state hospital, the court may additionally order that
the person remain in that placement until the person can be safely transported to a state hospital
pursuant to the order. Any order of the court concerning the placement of the person under this
subparagraph must be in accordance with the person’s constitutional right to due process.
(B) The person is at a state hospital at the time of the hearing, the person may remain at the
state hospital under the commitment.
(c) A person committed under this section shall remain under the jurisdiction of the board for
a maximum of 24 months unless the board conducts a hearing and makes the findings described in
subsection (6)(d) of this section.
(6)(a) The board shall hold a hearing six months after the initial commitment described in sub-
section (3) of this section, and thereafter six months after a further commitment described in ORS
426.702, to determine the placement of the person and whether the person is eligible for conditional
release or early discharge. The board shall provide written notice of the hearing to the person, the
person’s legal counsel and the office of the district attorney who filed the initial petition under
subsection (2) of this section within a reasonable time prior to the hearing. The board shall further
notify the person of the following:
(A) The nature of the hearing and possible outcomes;
(B) The right to appear at the hearing and present evidence;
(C) The right to be represented by legal counsel and, if the person is without funds to retain
legal counsel, the right to have the court appoint legal counsel;
(D) The right to subpoena witnesses;
(E) The right to cross-examine witnesses who appear at the hearing; and
(F) The right to examine all reports, documents and information that the board considers, in-
cluding the right to examine the reports, documents and information prior to the hearing if avail-
able.
(b) If the board determines at the hearing that the person still suffers from a qualifying mental
disorder that is resistant to treatment and continues to be extremely dangerous, and that the person
cannot be controlled in the community with proper care, medication, supervision and treatment if
conditionally released, the person shall remain committed to a state hospital.
(c) If the board determines at the hearing that the person still suffers from a qualifying mental
disorder that is resistant to treatment and continues to be extremely dangerous, but finds that the
person can be controlled in the community with proper care, medication, supervision and treatment
if conditionally released, the board shall conditionally release the person.
(d) If the board determines at the hearing that the person no longer suffers from a qualifying
mental disorder that is resistant to treatment or is no longer extremely dangerous, the board shall
discharge the person. The discharge of a person committed under this section does not preclude
commitment of the person pursuant to ORS 426.005 to 426.390.
(7)(a) At any time during the commitment to a state hospital, the superintendent of the state
hospital may request a hearing to determine the status of the person’s commitment under the juris-
diction of the board. The request shall be accompanied by a report setting forth the facts supporting
Enrolled Senate Bill 834 (SB 834-INTRO) Page 9
the request. If the request is for conditional release, the request shall be accompanied by a verified
conditional release plan. The hearing shall be conducted as described in subsection (6) of this sec-
tion.
(b) The board may make the findings described in subsection (6)(c) of this section and condi-
tionally release the person without a hearing if the office of the district attorney who filed the ini-
tial petition under subsection (2) of this section does not object to the conditional release.
(c) At any time during conditional release, a state or local mental health facility providing
treatment to the person may request a hearing to determine the status of the person’s commitment
under the jurisdiction of the board. The hearing shall be conducted as described in subsection (6)
of this section.
(8)(a) If the board orders the conditional release of a person under subsection (6)(c) of this sec-
tion, the board shall order conditions of release that may include a requirement to report to any
state or local mental health facility for evaluation. The board may further require cooperation with,
and acceptance of, psychiatric or psychological treatment from the facility. Conditions of release
may be modified by the board from time to time.
(b) When a person is referred to a state or local mental health facility for an evaluation under
this subsection, the facility shall perform the evaluation and submit a written report of its findings
to the board. If the facility finds that treatment of the person is appropriate, the facility shall in-
clude its recommendations for treatment in the report to the board.
(c) Whenever treatment is provided to the person by a state or local mental health facility under
this subsection, the facility shall furnish reports to the board on a regular basis concerning the
progress of the person.
(d) Copies of all reports submitted to the board pursuant to this subsection shall be furnished
to the person and to the person’s legal counsel, if applicable. The confidentiality of these reports is
determined pursuant to ORS 192.338, 192.345 and 192.355.
(e) The state or local mental health facility providing treatment to the person under this sub-
section shall comply with the conditional release order and any modifications of the conditions or-
dered by the board.
(9)(a) If at any time while the person is conditionally released it appears that the person has
violated the terms of the conditional release, the board may order the person returned to a state
hospital for evaluation or treatment. A written order of the board is sufficient warrant for any law
enforcement officer to take the person into custody. A sheriff, municipal police officer, parole or
probation officer or other peace officer shall execute the order, and the person shall be returned to
the state hospital as soon as practicable.
(b) The director of a state or local mental health facility providing treatment to a person under
subsection (8) of this section may request that the board issue a written order for a person on
conditional release to be taken into custody if there is reason to believe that the person can no
longer be controlled in the community with proper care, medication, supervision and treatment.
(c) Within 30 days following the return of the person to a state hospital, the board shall conduct
a hearing to determine if, by a preponderance of the evidence, the person is no longer fit for con-
ditional release. The board shall provide written notice of the hearing to the person, the person’s
legal counsel and the office of the district attorney who filed the initial petition under subsection
(2) of this section within a reasonable time prior to the hearing. The notice shall advise the person
of the nature of the hearing, the right to have the court appoint legal counsel and the right to
subpoena witnesses, examine documents considered by the board and cross-examine all witnesses
who appear at the hearing.
(10)(a) If the person had unadjudicated criminal charges at the time of the filing of the petition
for the person’s initial commitment under this section and the state hospital or the state or local
mental health facility providing treatment to the person intends to recommend discharge of the
person at an upcoming hearing, the superintendent of the state hospital or the director of the fa-
cility shall provide written notice to the board and the district attorney of the county where the
criminal charges were initiated of the discharge recommendation at least 45 days before the hearing.
Enrolled Senate Bill 834 (SB 834-INTRO) Page 10
The notice shall be accompanied by a report describing the person’s diagnosis and the treatment the
person has received.
(b) Upon receiving the notice described in this subsection, the district attorney may request an
order from the court in the county where the criminal charges were initiated for an evaluation to
determine if the person is fit to proceed in the criminal proceeding. The court may order the state
hospital or the state or local mental health facility providing treatment to the person to perform the
evaluation. The hospital or facility shall provide copies of the evaluation to the district attorney,
the person and the person’s legal counsel, if applicable.
(c) The person committed under this section may not waive an evaluation ordered by the court
to determine if the person is fit to proceed with the criminal proceeding as described in this sub-
section.
(11) The board shall make reasonable efforts to notify any person described in subsection (3)(c)
of this section of any order or hearing, conditional release, discharge or escape of the person com-
mitted under this section.
(12) Unless the court orders otherwise or either party objects, any party or witness may attend
a hearing held under this section via simultaneous electronic transmission.
(13) The board shall adopt rules to carry out the provisions of this section and ORS 426.702.
(14) Any time limitation described in ORS 131.125 to 131.155 does not run during a commitment
described in this section or a further commitment described in ORS 426.702.
CHIEF MEDICAL OFFICER OF STATE HOSPITAL
SECTION 6.
ORS 426.020 is amended to read:
426.020. (1) The superintendent of a hospital referred to in ORS 426.010 [ shall] must be a person
the Oregon Health Authority considers qualified to administer the hospital. [ If the superintendent
of any hospital is a physician licensed by the Oregon Medical Board, the superintendent shall serve
as chief medical officer.]
(2) [If the superintendent is not a physician, ] The Director of the Oregon Health Authority or the
designee of the director shall designate a physician licensed by the Oregon Medical Board to
serve as chief medical officer of a hospital referred to in ORS 426.010 . The designated chief
medical officer may be an appointed state employee in the unclassified service, a self-employed
contractor or an employee of a public or private entity that contracts with the authority to provide
chief medical officer services. Unless the designated chief medical officer is specifically appointed
as a state employee in the unclassified service, the designated chief medical officer shall not be
deemed a state employee for purposes of any state statute, rule or policy.
(3)(a) Notwithstanding any other provision of law, the designated chief medical officer may su-
pervise physicians and naturopathic physicians who are employed by the hospital or who provide
services at the hospital pursuant to a contract.
(b) The designated chief medical officer may delegate all or part of the authority to supervise
other physicians and naturopathic physicians at the hospital to a physician who is employed by the
state, a self-employed contractor or an employee of a public or private entity that contracts with
the authority to provide physician services.
CERTIFIED EVALUATORS
SECTION 7.
ORS 161.362 is amended to read:
161.362. (1) A recommendation provided by a certified evaluator, pursuant to ORS 161.355 to
161.371, that a defendant requires a hospital level of care due to the acuity of the defendant’s
symptoms must be based upon the defendant’s current diagnosis and [ symptomology]
symptomatology, the defendant’s current ability to engage in treatment, present safety concerns
relating to the defendant and any other pertinent information known to the evaluator. If the de-
Enrolled Senate Bill 834 (SB 834-INTRO) Page 11
fendant is in a placement in a facility, the evaluator may defer to the treatment provider’s recom-
mendation regarding whether a hospital level of care is needed.
(2) A determination by a community mental health program director, or the director’s designee,
pursuant to ORS 161.355 to 161.371, that appropriate community restoration services are not present
and available in the community must include information concerning the specific services necessary
to safely allow the defendant to gain or regain fitness to proceed in the community and must specify
the necessary services that are not present and available in the community.
(3)(a) Reports resulting from examinations performed by a certified evaluator, and documents
containing the recommendations of or resulting from consultations with a community mental health
program director or the director’s designee, prepared under ORS 161.355 to 161.371, and any docu-
ment submitted to the court by a state mental hospital related to the proceedings under ORS 161.355
to 161.371, are confidential and may be made available only:
(A) To the court, prosecuting attorney, defense attorney, agent of the prosecuting or defense
attorney, defendant, community mental health program director or designee, state mental hospital
and any facility in which the defendant is housed; or
(B) As ordered by a court.
(b) Any facility in which a defendant is housed may not use a report or document described in
paragraph (a) of this subsection to support a disciplinary action against the defendant.
(c) Nothing in this subsection prohibits the prosecuting attorney, defense attorney or agent of
the prosecuting or defense attorney from discussing the contents of a report or document described
in paragraph (a) of this subsection with witnesses or victims as otherwise permitted by law.
(4) The court shall ensure that an order entered under ORS 161.355 to 161.371 is provided, by
the end of the next judicial day, to any entity ordered to provide restoration services.
(5) Unless the court orders otherwise or either party objects, a defendant committed to a state
mental hospital or other facility, or a certified evaluator or other expert witness, may attend
hearings held under ORS 161.355 to 161.371 via simultaneous electronic transmission.
SECTION 8.
ORS 161.371 is amended to read:
161.371. (1) The superintendent of a state mental hospital or director of a facility to which the
defendant is committed under ORS 161.370 shall cause the defendant to be evaluated by a certified
evaluator within 60 days from the defendant’s delivery into the superintendent’s or director’s cus-
tody, for the purpose of determining whether there is a substantial probability that, in the foresee-
able future, the defendant will have fitness to proceed. In addition, the superintendent or director
shall:
(a) Immediately notify the committing court if the defendant, at any time, gains or regains fit-
ness to proceed or if there is no substantial probability that, within the foreseeable future, the de-
fendant will gain or regain fitness to proceed.
(b) Within 90 days of the defendant’s delivery into the superintendent’s or director’s custody,
notify the committing court that:
(A) The defendant has present fitness to proceed;
(B) There is no substantial probability that, in the foreseeable future, the defendant will gain
or regain fitness to proceed; or
(C) There is a substantial probability that, in the foreseeable future, the defendant will gain or
regain fitness to proceed. If the probability exists, the superintendent or director shall give the court
an estimate of the time in which the defendant, with appropriate treatment, is expected to gain or
regain fitness to proceed.
(c) Notify the court if court-ordered involuntary medication is necessary for the defendant to
gain or regain fitness to proceed and, if appropriate, submit a report to the court under ORS 161.372.
(2)(a) If the superintendent of the state mental hospital or director of the facility to which the
defendant is committed determines that there is a substantial probability that, in the foreseeable
future, the defendant will gain or regain fitness to proceed, unless the court otherwise orders, the
defendant shall remain in the superintendent’s or director’s custody where the defendant shall re-
ceive treatment designed for the purpose of enabling the defendant to gain or regain fitness to
Enrolled Senate Bill 834 (SB 834-INTRO) Page 12
proceed. In keeping with the notice requirement under subsection (1)(b) of this section, the super-
intendent or director shall, for the duration of the defendant’s period of commitment, submit a
progress report to the committing court, concerning the defendant’s fitness to proceed, at least once
every 180 days as measured from the date of the defendant’s delivery into the superintendent’s or
director’s custody.
(b) A progress report described in paragraph (a) of this subsection may consist of an update to:
(A) The original examination report conducted under ORS 161.365; or
(B) An evaluation conducted under subsection (1) of this section, if the defendant did not receive
an examination under ORS 161.365.
(3)(a) Notwithstanding subsection (2) of this section, if the most serious offense in the charging
instrument is a felony, and the superintendent of the state mental hospital or director of the facility
to which the defendant is committed determines that a hospital level of care is no longer necessary
due to present public safety concerns and the acuity of symptoms of the defendant’s qualifying
mental disorder, the superintendent or director may file notice of the determination with the court.
Upon receipt of the notice, the court shall order that a community mental health program director
or the director’s designee, within five judicial days:
(A) Consult with the defendant and with any local entity that would be responsible for providing
community restoration services, if the defendant were to be released in the community, to determine
whether community restoration services are present and available in the community; and
(B) Provide the court and the parties with recommendations from the consultation.
(b) Notwithstanding subsection (2) of this section, if the most serious offense in the charging
instrument is a felony, and the community mental health program director determines that commu-
nity restoration services that would mitigate any risk posed by the defendant are present and
available in the community, the community mental health program director may file notice of the
determination with the court. Upon receipt of the notice, the court shall order that the superinten-
dent of the state mental hospital or director of the facility to which the defendant is committed,
within five judicial days:
(A) Evaluate the defendant to determine whether a hospital level of care is no longer necessary
due to present public safety concerns, or no longer necessary due to the acuity of symptoms of the
defendant’s qualifying mental disorder; and
(B) Provide the court and the parties with recommendations from the evaluation.
(c) Within 10 judicial days of receiving the recommendations described in paragraph (a) or (b)
of this subsection, the court shall hold a hearing to determine an appropriate action in accordance
with ORS 161.370 (2)(c) as follows:
(A) If, after consideration of the factors and possible actions described in ORS 161.370 (2)(c) and
any recommendations received under paragraph (a) or (b) of this subsection, the court determines
that a hospital level of care is necessary due to public safety concerns or the acuity of symptoms
of the defendant’s qualifying mental disorder, and that based on the consultation or evaluation de-
scribed in paragraph (a) or (b) of this subsection, any information provided by community-based
mental health providers or any other sources, primary and secondary release criteria as defined in
ORS 135.230, and any other information the court finds to be trustworthy and reliable, the appro-
priate community restoration services are not present and available in the community, the court
may continue the commitment of the defendant.
(B) If the court does not make the determination described in subparagraph (A) of this para-
graph, the court shall terminate the commitment and shall set a review hearing seven days from the
date of the commitment termination for any defendant remaining in custody. At the review hearing,
the court shall consider all relevant information, determine an appropriate action in the case as
described in ORS 161.370 (2)(c) and enter an order in accordance with the defendant’s constitutional
rights to due process.
(4)(a) Notwithstanding subsection (2) of this section, if the most serious offense in the charging
instrument is a misdemeanor, and the superintendent of the state mental hospital or director of the
facility to which the defendant is committed determines that the defendant no longer needs a hos-
Enrolled Senate Bill 834 (SB 834-INTRO) Page 13
pital level of care due to the acuity of symptoms of the defendant’s qualifying mental disorder or
there are not present public safety concerns, the superintendent or director shall file notice of the
determination with the court, along with recommendations regarding the necessary community res-
toration services that would mitigate any risk presented by the defendant. Upon receipt of the no-
tice, the court shall order that a community mental health program director or the director’s
designee, within five judicial days:
(A) Consult with the defendant and with any local entity that would be responsible for providing
community restoration services, if the defendant were to be released in the community, to determine
whether appropriate community restoration services are present and available in the community;
and
(B) Provide the court and the parties with recommendations from the consultation.
(b) Notwithstanding subsection (2) of this section, if the most serious offense in the charging
instrument is a misdemeanor, and the community mental health program director determines that
the community restoration services that would mitigate any risk posed by the defendant are present
and available in the community, the community mental health program director may file notice of
the determination with the court. Upon receipt of the notice, the court shall order that the super-
intendent of the state mental hospital or director of the facility to which the defendant is committed,
within five judicial days:
(A) Evaluate the defendant to determine whether a hospital level of care is no longer necessary
due to present public safety concerns, or no longer necessary due to the acuity of symptoms of the
defendant’s qualifying mental disorder; and
(B) Provide the court and the parties with recommendations from the evaluation.
(c) Within 10 judicial days of receiving the recommendations described in paragraph (a) or (b)
of this subsection, the court shall hold a hearing to determine an appropriate action in accordance
with ORS 161.370 (2)(c) as follows:
(A) After consideration of the factors and possible actions described in ORS 161.370 (2)(c), the
consultation or evaluation and any recommendations described in paragraph (a) or (b) of this sub-
section, and any other information the court finds to be trustworthy and reliable, the court may
continue the commitment of the defendant if the court makes written findings that a hospital level
of care is necessary due to public safety concerns and the acuity of symptoms of the defendant’s
qualifying mental disorder, and that appropriate community restoration services are not present and
available in the community.
(B) If the court does not make the findings described in subparagraph (A) of this paragraph, the
court shall terminate the commitment and shall set a review hearing seven days from the date of
the commitment termination for any defendant remaining in custody. At the review hearing, the
court shall consider all relevant information, determine an appropriate action in the case as de-
scribed in ORS 161.370 (2)(c) and enter an order in accordance with the defendant’s constitutional
rights to due process.
(5)(a) If a defendant remains committed under this section, the court shall determine within a
reasonable period of time whether there is a substantial probability that, in the foreseeable future,
the defendant will gain or regain fitness to proceed. However, regardless of the number of charges
with which the defendant is accused, in no event shall the defendant be committed for longer than
whichever of the following, measured from the defendant’s initial custody date, is shorter:
(A) Three years; or
(B) A period of time equal to the maximum sentence the court could have imposed if the de-
fendant had been convicted.
(b) For purposes of calculating the maximum period of commitment described in paragraph (a)
of this subsection:
(A) The initial custody date is the date on which the defendant is first committed under this
section on any charge alleged in the accusatory instrument; and
(B) The defendant shall be given credit against each charge alleged in the accusatory instru-
ment:
Enrolled Senate Bill 834 (SB 834-INTRO) Page 14
(i) For each day the defendant is committed under this section, whether the days are consecutive
or are interrupted by a period of time during which the defendant has gained or regained fitness to
proceed; and
(ii) Unless the defendant is charged on any charging instrument with aggravated murder or a
crime listed in ORS 137.700 (2), for each day the defendant is held in jail before and after the date
the defendant is first committed, whether the days are consecutive or are interrupted by a period
of time during which the defendant lacks fitness to proceed.
(c) The superintendent of the state mental hospital or director of the facility to which the de-
fendant is committed shall notify the committing court of the defendant’s impending discharge 30
days before the date on which the superintendent or director is required to discharge the defendant
under this subsection.
(6)(a) All notices required under this section shall be filed with the court and may be filed
electronically. The clerk of the court shall cause copies of the notices to be delivered to both the
district attorney and the counsel for the defendant.
(b) When the committing court receives a notice from the superintendent or director under
subsection (1) of this section concerning the defendant’s progress or lack thereof, or under sub-
section (5) of this section concerning the defendant’s impending discharge, the committing court
shall determine, after a hearing if a hearing is requested, whether the defendant presently has fit-
ness to proceed.
(7) If at any time the court determines that the defendant lacks fitness to proceed, the court
shall further determine whether the defendant is entitled to discharge under subsection (5) of this
section. If the court determines that the defendant is entitled to discharge under subsection (5) of
this section, the court shall dismiss, without prejudice and in accordance with ORS 161.367 (6), all
charges against the defendant and:
(a) Order that the defendant be discharged; or
(b) Initiate commitment proceedings under ORS 426.070, 426.701 or 427.235 to 427.292.
CAPTIONS
SECTION 9.
The unit captions used in this 2025 Act are provided only for the convenience
of the reader and do not become part of the statutory law of this state or express any leg-
islative intent in the enactment of this 2025 Act.
Enrolled Senate Bill 834 (SB 834-INTRO) Page 15
Passed by Senate February 20, 2025
..................................................................................
Obadiah Rutledge, Secretary of Senate
..................................................................................
Rob Wagner, President of Senate
Passed by House May 15, 2025
..................................................................................
Julie Fahey, Speaker of House
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled Senate Bill 834 (SB 834-INTRO) Page 16