Involuntary Hospitalization And Treatment

 


In Oregon, an adult can be hospitalized involuntarily in five ways.

1. Civil commitment. A person can be civilly committed. In a civil commitment, a person has a hearing before a judge. If the judge finds the person has a mental disorder and is a danger to self or others or unable to care for basic needs, the person can be hospitalized for up to 180 days.

2. Guilty except for insanity. Another way a person can be hospitalized involuntarily is if the person is found guilty except for insanity in criminal court. If a person is charged with a crime and is found guilty except for insanity, the person may be placed under the jurisdiction of the Psychiatric Security Review Board (PSRB) for a term equal to the maximum prison sentence for the crime.

3. Fitness to proceed in criminal case. A third way a person can be hospitalized involuntarily is if a person is charged with a crime and there is a question about whether he or she is able to understand the charges or help with the defense. The person may be hospitalized for an evaluation or to await a change in his or her condition.

4. Sexually dangerous. A fourth way a person may be hospitalized involuntarily is if a judge finds the person is a sexually dangerous person. The judge can make this decision only if a person is convicted of a sexual offense and only after an evaluation and a hearing.

5. Guardian admission. A fifth way a person may be hospitalized involuntarily is if the person has a guardian and the guardian admits the person to a hospital. The guardian has this authority only if the guardian was appointed by a judge and the guardianship includes the right to make this decision.