(1) During a prehearing period of detention as provided in ORS 426.070, 426.140, 426.232 or 426.233, the community mental health program director shall:
(a) Recommend, in an investigation report as provided in ORS 426.074, that the circuit court not proceed further in the matter if the community mental health program director does not believe the person is a person with mental illness or that the person is in need of assisted outpatient treatment;
(b) File notice of an offer of diversion from commitment described in ORS 426.077; or
(c) Recommend, in an investigation report as provided in ORS 426.074, that the circuit court hold a hearing under ORS 426.070 to 426.170 if the community mental health program director has probable cause to believe the person has a mental illness and is in need of treatment or that the person is in need of assisted outpatient treatment.
(2) The judge of the circuit court shall immediately commence proceedings under ORS 426.070 to 426.170 when the community mental health program director acts under subsection (1)(c) of this section. In no case may the person be held longer than five judicial days without a hearing under this subsection.