If a court, following an investigation, concludes under ORS 426.070 (5) that there is probable cause to believe a person has a mental illness and is in need of treatment, the judge shall issue a citation to the person stating the nature of the information filed concerning the person and the specific reasons the person is believed to have a mental illness and to be in need of treatment. The citation shall further contain a notice of the time and place of the commitment hearing, the right to legal counsel, the right to have legal counsel appointed if the person is unable to afford legal counsel, and, if requested, to have legal counsel immediately appointed, the right to subpoena witnesses in behalf of the person to the hearing and other information as the court may direct. A certified copy of the citation shall be personally served on the person prior to the hearing. The person shall have an opportunity to consult with legal counsel prior to being brought before the court.
ORS 426.090
Applied in 64 court decisions — leading case State v. K.J.B. (In re K.J.B.) (2018)
Most recently applied in 347 Or. App. 763 - State v. B. M. (March 2026)
Amended by 1957 c.329 §2; 1967 c.459 §1; 1971 c.368 §1; 1973 c.838 §5; 1975 c.690 §4; 2013 c.360 §22; 2025 c.559 §11
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.