Subcommittee debates new civil-commitment wording, approves funding and advances bill to Ways and Means

The Public Safety Subcommittee on Tuesday debated and then adopted an amendment that tightens language about when an individual with a mental illness may be involuntarily committed, and it approved budget authority to support community mental-health programs and public defense related to the measure.

Chelsea Herman, Legislative Fiscal Office, summarized the bill: "House Bill 2467 modifies the circumstances when an individual with a mental illness may be detained and committed to the Oregon Health Authority for involuntary treatment." She told the committee the measure modifies the definition of a person with mental illness, creates definitions for physical harm and serious physical harm, and requires the court to find by "clear and convincing evidence" that the individual has a mental illness and is in need of treatment. Herman also said: "OHA must be notified immediately if commitment of an individual is proposed due to the individual appearing to need treatment because of a chronic mental disorder."

Legislative Counsel Laurie Ann Sills explained the A4 amendment’s definition of serious physical harm and how the definition is used in the bill. Sills said: "Serious physical harm means serious physical injury, physical pain or other physiological impairment that causes a risk of death, a risk of serious and irreversible deterioration of health or serious and irreversible deterioration of any bodily organ." She noted that the committee should read that definition in context: to result in commitment the harm must be likely because of a mental disorder and the standard for involuntary commitment in this bill is higher for danger to self than for danger to others.

Committee members pressed on scope and process. Several members said the A4 language was new to them at Ways and Means, and multiple members expressed concern that the A4 amendment had not been vetted in a public hearing. One member said the amendment was "very broad" and raised capacity concerns, especially for rural counties where beds and placements are scarce. Others said the A4 wording appears to restate previously considered language in a different format.

On budget, LFO described the dash A6 amendment as adding 6,500,000 total funds across agencies: General Fund increase of 5,400,000 for the Oregon Health Authority for payments to community mental-health programs regarding civil commitments, and 1,100,000 General Fund for the Public Defense Commission to provide public defense to financially eligible persons under the act. LFO recommended adoption of A6; the amendment passed.

After discussion about the A4 process and budget oversight, the subcommittee voted to move House Bill 2467 as amended to the full Ways and Means Committee with a due-pass recommendation. Members on the dais recorded cautions about OHA accountability and said they would seek follow-up from the Governor’s Office and committee chairs before full consideration.

No additional reporting requirement was added to the statute during the work session; LFO noted the measure itself did not include a separate agency reporting requirement to the subcommittee.