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 is unable to care for his or her 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.

These five methods of involuntary hospitalization will be discussed in more detail in the following pages.