ORS 426.210: Limit of detention after commitment in emergency proceedings.

An individual admitted to a hospital or nonhospital facility pursuant to the emergency proceedings under ORS 426.180 and 426.200 may not be detained there for more than five judicial days following admission. The court, for good cause, may allow a postponement and detention during a postponement as provided under ORS 426.095. [Amended by 1987 c.903 §23; 2012 c.25 §3] (Intersection of Tribal and State Behavioral Health) Sec. 38. Tribal and state court intersection. (1)(a) The Judicial Department shall study tribal and state interactions relating to the involuntary hospitalization and mental or behavioral health treatment of tribal members in the state civil or criminal justice systems. (b) The department shall collect the following existing data: (A) Data related to civil commitment proceedings involving members of one or more federally recognized tribes; (B) Data related to competency proceedings for criminal defendants who are members of one or more federally recognized tribes; (C) Data related to findings of guilt except for insanity for criminal defendants who are members of one or more federally recognized tribes; (D) Data related to the participation of members of one or more federally recognized tribes in specialty courts, including regarding culturally specific services provided or available to those members in relation to their participation in the specialty court; and (E) Other data determined by the department to be relevant to the intersection between state and tribal mental and behavioral health judicial proceedings. (c)(A) The department shall prepare a report analyzing the data collected under this subsection. The department shall include in the report a descriptive analysis of the barriers, if any, the department encounters collecting or analyzing the data described in this subsection. (B) Data contained in the report must be aggregated at the statewide, countywide and tribal level for each subject identified in subsection (1) of this section. (C) The report may not include personally identifiable information regarding any individual. (2)(a) The Oregon Health Authority shall assist the department in the collection of the data described in subsection (1) of this section and, to the extent permitted by state and federal law, provide the department with information the department considers necessary to conduct the study described in subsection (1) of this section. (b) Information and data collected by the department or the authority under this section may be used only for statistical purposes. (3) The department shall submit the report described in subsection (1) of this section in the manner provided by ORS 192.245, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to the judiciary and behavioral health no later than December 15, 2025. [2025 c.559 §38] Sec. 39. Task Force on Intersection of Tribal and State Forensic Behavioral Health. (1) The Task Force on the Intersection of Tribal and State Forensic Behavioral Health is established. (2) The task force consists of 17 members appointed as follows: (a) The Governor shall appoint four members, as follows: (A) One member who represents the office of the Governor; (B) One member who represents the Oregon Health Authority; (C) One member who represents the Department of Justice; and (D) One member who represents community mental health providers. (b) The Governor, in consultation with the Commission on Indian Services, shall appoint 11 members, as follows: (A) Nine members who are tribal court judges or staff or other individuals designated by an Indian tribe, and who shall each represent one of the nine federally recognized Indian tribes located in Oregon; and (B) Two members who represent tribal service providers. (c) The Chief Justice of the Supreme Court shall appoint two members, as follows: (A) One member who is a judge with expertise in the competency to proceed process; and (B) One member who is a representative of the Tribal, State, and Federal Court Forum. (3) The task force shall examine tribal and state interactions relating to involuntary hospitalization and mental or behavioral health treatment of tribal members in the state civil and criminal systems and: (a) Identify data sharing needs between tribal service providers, tribal courts and nontribal service providers, the Oregon Health Authority and Oregon courts, and identify methods for resolving barriers to data sharing; (b) Examine mental and behavioral health care services provided within tribal lands and to tribal members and identify barriers to providing care to tribal individuals; (c) Determine barriers to tribal members receiving care at the Oregon State Hospital pursuant to competency restoration orders or civil commitment; (d) Examine models for tribal and state interactions relating to mental or behavioral health; (e) Examine the results of the study described in section 38 of this 2025 Act; and (f) Develop recommendations concerning tribal court needs that intersect with state services and barriers to services. (4) The task force shall invite and consider perspectives involving forensic or mental health matters before tribal courts, including prosecutors, defenders, people with lived experience, family members of persons with unmet behavioral needs and members of tribal governments. (5) Members of the task force who are appointed by the Chief Justice of the Supreme Court are nonvoting members and may act in an advisory capacity only. (6) Members of the task force who are tribal court judges or staff appointed under subsection (2)(b)(A) of this section shall act as liaisons between the task force and the tribal government of the tribal court on which the member serves if the tribal government designates the member to act as a liaison and, if so designated, the member shall coordinate with a person designated by the relevant tribal government, if any, to facilitate inviting and considering the perspectives of tribal members and to consult with the tribal government on the activities of the task force. (7) A majority of the voting members of the task force constitutes a quorum for the transaction of business. (8) Official action by the task force requires the approval of a majority of the voting members of the task force. (9) The Governor shall select one member of the task force to serve as chairperson and another to serve as vice chairperson, for the terms and with the duties and powers necessary for the performance of the functions of the offices as the Governor determines. (10) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective. (11) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the task force. (12) The task force may adopt rules necessary for the operation of the task force. (13) The task force shall submit a report in the manner provided in ORS 192.245 regarding the task force’s examinations, identifications, determinations and recommendations described in subsection (3) of this section, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to the judiciary and behavioral health no later than December 15, 2026. (14) The Judicial Department shall provide staff support to the task force. (15) Members of the task force serve as volunteers on the task force and, unless they are qualified members, as defined in ORS 292.495, are not entitled to compensation or reimbursement for expenses. (16) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of the duties of the task force and, to the extent permitted by laws relating to confidentiality, to furnish information and advice the members of the task force consider necessary to perform their duties. (17) All appointments to the task force made under subsection (2) of this section must be completed on or before December 31, 2025. (18) The task force shall have its first meeting on or before February 1, 2026. [2025 c.559 §39] Sec. 40. Sections 38 and 39 of this 2025 Act are repealed on January 2, 2027. [2025 c.559 §40]