Chapter 427

NOTES OF DECISIONS

Former commitment provisions of this chapter were constitutional. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Standard of proof in former version of this chapter was proof “beyond a reasonable doubt.” State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

As commitment proceeding is not criminal matter, principle of double jeopardy has no application. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

ATTY. GEN. OPINIONS: Preemption of the Oregon Revised Statutes by the provisions of the Interstate Compact, (1973) Vol 36, p 297; civil commitment to Mental Health Division of person against whom criminal charges are pending, (1980) Vol 41, p 91

LAW REVIEW CITATIONS: 16 WLR 439 (1979)

427.005

ATTY. GEN. OPINIONS: Residency requirements of transfer patients into and out of Oregon, (1973) Vol 36, p 297

427.235

NOTES OF DECISIONS

Circuit court in county in which juvenile resides has jurisdiction over juvenile for civil commitment purposes. Children’s Services Div. v. West, 79 Or App 484, 719 P2d 904 (1986)

427.255

ATTY. GEN. OPINIONS

Under former similar statute

Release of patient’s confidential case records, (1974) Vol 36, p 1080

427.285

NOTES OF DECISIONS

Presence of investigator at hearing is mandatory. State v. Neal, 150 Or App 432, 946 P2d 367 (1997)

427.290

NOTES OF DECISIONS

Where only evidence of appellant’s IQ indicated low estimate between 69 and 83 which placed her level of intellectual functioning above “retarded” classification of American Association on Mental Deficiency and there was no evidence to indicate she was unable to care for herself because of mental retardation, appellant did not meet required standard for involuntary commitment under this section. State v. Grandy, 50 Or App 239, 623 P2d 666 (1981)

427.310

See annotations under ORS 427.255.