Section 426.095 - Commitment hearing; postponement; right to cross-examine; admissibility of investigation reportThe following is applicable to a commitment hearing held by a court under ORS 426.070:
(1) The hearing may be held in a hospital, the person's home or in some other place convenient to the court and the person alleged to have a mental illness.(2) The court shall hold the hearing at the time established according to the following: (a) Except as provided by paragraph (b) or (c) of this subsection, a hearing shall be held five judicial days from the day a court under ORS 426.070 issues a citation provided under ORS 426.090.(b) Except as provided by paragraph (c) of this subsection, if a person is detained by a warrant of detention under ORS 426.070, a hearing shall be held within five judicial days of the commencement of detention.(c) If requested under this paragraph, the court, for good cause, may postpone the hearing for not more than five judicial days in order to allow preparation for the hearing. The court may make orders for the care and custody of the person during a postponement as it deems necessary. If a person is detained before a hearing under ORS 426.070, 426.180, 426.228, 426.232, 426.233 or 426.702 and the hearing is postponed under this paragraph, the court, for good cause, may allow the person to be detained during the postponement if the postponement is requested by the person or the legal counsel of the person. Any of the following may request a postponement under this paragraph: (A) The person alleged to have a mental illness or the person alleged to be an extremely dangerous person with mental illness.(B) The legal counsel or guardian of the person.(C) The individual representing the state's interest.(3) The person alleged to have a mental illness and the individual representing the state's interest shall have the right to cross-examine all the following: (b) The individual conducting the investigation.(c) The examining physicians or other licensed independent practitioners who have examined the person.(4) The provisions of ORS 40.230, 40.235, 40.240 and 40.250 shall not apply to and the court may consider as evidence any of the following: (a) Medical records for the current involuntary prehearing period of detention.(b) Statements attributed by the maker of the medical records or the investigation report to witnesses concerning their own observations in the absence of objection or if such individuals are produced as witnesses at the hearing available for cross-examination.(c) The testimony of any treating licensed independent practitioners, nurses or social workers for the prehearing period of detention. Any treating licensed independent practitioner, nurse or social worker who is subpoenaed as a witness for the proceeding shall testify as an expert witness under the provisions of ORS 40.410, 40.415, 40.420 and 40.425 and is subject to treatment as an expert witness in the payment of witness fees and costs.(d) The investigation report prepared under ORS 426.074. Subject to the following, the investigation report shall be introduced in evidence:(A) Introduction of the report under this paragraph does not require the consent of the person alleged to have a mental illness.(B) Upon objection by any party to the action, the court shall exclude any part of the investigation report that may be excluded under the Oregon Evidence Code on grounds other than those set forth in ORS 40.230, 40.235, 40.240 or 40.250.(C) Neither the investigation report nor any part thereof shall be introduced into evidence under this paragraph unless the investigator is present during the proceeding to be cross-examined or unless the presence of the investigator is waived by the person alleged to have a mental illness or counsel for the person.Amended by 2015 Ch. 461,§ 6, eff. 6/16/2015.Amended by 2013 Ch. 715,§ 15, eff. 7/29/2013, op. 1/1/2014.Amended by 2013 Ch. 360,§ 23, eff. 1/1/2014.1973 c.838 §9; 1975 c.690 §5; 1987 c.903 §13; 1993 c.484 §16; 1997 c.649 §2; 2009 c. 595, § 389