ORS 426.318: Reimbursement of county expenses for commitment proceedings involving nonresidents.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) If a person with mental illness is a resident of some other county in this state, the county making the commitment shall be reimbursed by the county of which the person is a resident. All reasonable and actual expenses incurred and paid by the county by reason of the care, custody, treatment, investigation, examination and commitment hearing shall, upon presentation of a copy of the order of the judge making the examination and commitment, together with a properly itemized and certified claim covering the expense, be promptly paid to the county by the county of which the person was a resident. The expenses reimbursed under this subsection shall include any expenses incurred to pay for representation of the state’s interest under ORS 426.100 and 426.311. (2) If a person alleged to have a mental illness is a resident of some other county in this state, a county attempting a commitment shall be reimbursed by the county of which the person is a resident, as defined in ORS 426.313, for all actual, reasonable expenses incurred and paid by the county attempting commitment by reason of the care, custody, treatment, investigation, examination and commitment hearing. The expenses reimbursed under this subsection shall include any expenses incurred to pay for representation of the state’s interest under ORS 426.100 and 426.311. (3) In the case of a county that declines to operate or contract for a community mental health program, the public agency or private corporation that contracts with the Oregon Health Authority to provide the program, as described in ORS 430.640, is responsible for reimbursing a county for the costs incurred by the county in the care, custody, treatment, investigation and examination of the person. [Formerly 426.310]
Administrative rules citing this section
- OAR 309-033-0200: Statement of Purpose and Statutory Authority — implements
- OAR 309-033-0200: Statement of Purpose and Statutory Authority — authority
- OAR 309-033-0210: Definitions — implements
- OAR 309-033-0220: General Standards — implements
- OAR 309-033-0222: Need for Treatment Considerations — implements
- OAR 309-033-0225: Variances — implements
- OAR 309-033-0230: Custody — implements
- OAR 309-033-0240: Initiation of the Civil Commitment Process — implements
- OAR 309-033-0250: Standards for Custody, Hospital and Nonhospital Holds, Emergency Commitment and Emergency Hospitalization of Persons Under Warrant of Detention — implements
- OAR 309-033-0270: Provision of Care, Custody and Treatment of Persons under Civil Commitment — implements
- OAR 309-033-0280: Procedures for Persons under Civil Commitment and on Outpatient Commitment or Trial Visit — implements
- OAR 309-033-0282: Establishing and Monitoring Conditions of Placement — implements
- OAR 309-033-0290: Placement of Persons under Civil Commitment — implements
- OAR 309-033-0300: Transfers Between Classes of Facilities — implements
- OAR 309-033-0310: Recertification for Continued Civil Commitment. — implements
- OAR 309-033-0320: Revocation of Conditional Release, Outpatient Commitment or Trial Visit — implements
- OAR 309-033-0330: Discharge of Civil Commitment for Persons under Civil Commitment and Placed in the Community — implements
- OAR 309-033-0400: Statement of Purpose and Statutory Authority — implements
- OAR 309-033-0420: Transportation and Transfer of Persons in Custody or On Diversion — implements
- OAR 309-033-0425: Provider Requirements for the Transportation and Transfer of Minors in Custody or by Consent of Legal Guardian — implements
- OAR 309-033-0430: Transportation of a Person under Civil Commitment to a State Hospital, Community Hospital or Nonhospital Facility — implements
- OAR 309-033-0432: Standards for the Approval of a Secure Transport Provider to Transport a Person in Custody or On Diversion to an Approved Holding Hospital or Nonhospital Facility — implements
- OAR 309-033-0435: Client Rights with Regards to a Secure Transport Provider — implements
- OAR 309-033-0437: Mechanical Restraint by a Secure Transport Provider — implements
- OAR 309-033-0500: Statement of Purpose and Statutory Authority — implements
- OAR 309-033-0520: Classes of Facility that Provide Care, Custody or Treatment to Persons under Civil Commitment or to Persons in Custody or on Diversion. — implements
- OAR 309-033-0530: Approval of Hospitals and Nonhospital Facilities to Provide Services to Persons under Civil Commitment and to Person in Custody and on Diversion — implements
- OAR 309-033-0540: Administrative Requirements for Hospitals and Nonhospital Facilities Approved to Provide Services to Persons in Custody. — implements
- OAR 309-033-0550: Standards for the Approval of Hospitals Detaining Persons in Custody Pending Transport to an Approved Holding Hospital or Nonhospital Facility. — implements
- OAR 309-033-0600: Statement of Purpose and Statutory Authority — implements
- OAR 309-033-0620: Obtaining Informed Consent to Treatment from a Person and the Administration of Significant Procedures Without the Informed Consent of a Person under Civil Commitment. — implements
- OAR 309-033-0625: Administration of Medication and Treatment without the Informed Consent of a Person in Custody — implements
- OAR 309-033-0630: Administration of Significant Procedures in Emergencies Without the Informed Consent of a Person under Civil Commitment — implements
- OAR 309-033-0640: Involuntary Administration of Significant Procedures to a Person under Civil Commitment with Good Cause — implements
- OAR 309-033-0700: Purpose and Scope — implements
- OAR 309-033-0720: Application, Training and Minimum Staffing Requirements — implements
- OAR 309-033-0725: Medical Services — implements
- OAR 309-033-0727: Structural and Physical Requirements — implements
- OAR 309-033-0730: Seclusion and Restraint Procedures — implements
- OAR 309-033-0732: Time Limits — implements
- OAR 309-033-0733: Documentation — implements
- OAR 309-033-0811: Declaration for Mental Health Treatment (DMHT) Standards and Processes — implements
- OAR 309-033-0815: Diversion from Commitment — implements
- OAR 309-033-0900: Statement of Purpose and Statutory Authority — implements
- OAR 309-033-0920: Certification of Mental Health Investigators — implements
- OAR 309-033-0930: Investigation of Persons Alleged to Have a Mental Illness — implements
- OAR 309-033-0940: The Investigation Report — implements
- OAR 309-033-0950: Certification of Mental Health Examiners — implements
- OAR 309-033-0960: Mental Health Examiner’s Report to the Court — implements
This rule cites
- ORS 426.100 — resolved
- 426.311 — resolved
- ORS 426.313 — resolved
- ORS 430.640 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors426.html