Oregon legislation · 2025 Legislative Measures
Oregon HB2005: Relating to behavioral health; and declaring an emergency.
Status: Chaptered, August 13, 2025
Digest: Changes the laws on when people who are mentally ill can be made to get treatment. Changes the laws on what happens to a person charged with a crime who is not fit to go to trial. Changes the laws on some facility siting. (Flesch Readability Score: 80.4). Describes when a person is in need of treatment because the person is a danger to self, a danger to others, unable to provide for basic personal needs or has a chronic mental disorder. Describes the evidence that the court may consider when determining whether a person is in need of treatment because the person is a danger to self, a danger to others, unable to provide for basic personal needs or has a chronic mental disorder. Modifies the diversion from commitment process. Creates a new procedure for determining when a person is incapacitated for purposes of a declaration for mental health treatment. Modifies the declaration for mental health treatment form. Describes when a declaration for mental health treatment obviates the need for involuntary treatment. Modifies provisions regarding the sharing of information regarding certain persons receiving mental health treatment. Includes certain attempted criminal conduct in the types of criminal conduct for which a person may be committed as an extremely dangerous person with mental illness. Directs the Judicial Department to collect and analyze data regarding tribal and state interactions relating to certain involuntary treatment of tribal members. Establishes the Task Force on the Intersection of Tribal and State Forensic Behavioral Health. Establishes maximum periods of commitment and community restoration services for criminal defendants determined to lack fitness to proceed. Establishes procedures for requesting extensions to the maximum periods up to a specified total time period. Sunsets the maximum periods on January 1, 2028. Modifies the process for court determinations on fitness to proceed. Specifies what the court may consider when m
What the bill says
An act described in subsection (3)(a)(C) of this section; and (iv) Failure to commit the person while the hearing is pending would pose serious harm or danger to the person or others. (B) If a person committed under this paragraph is held in a secure facility other than a state hospital or secure mental health facility, including but not limited to a jail or prison, at the time the petition is filed, the court may further order that the person remain at that placement for sufficient time to allow the superintendent or director to safely admit the person. Any order of the court concerning the p.