(1) A person has a mental illness and is in need of treatment for purposes of ORS 426.005 to 426.390 if the person is in need of treatment because the person: (a) Is a danger to self; (b) Is a danger to others; (c) Is unable to provide for basic personal needs; or (d) Has a chronic mental disorder. (2) A person is a danger to self for purposes of this section if, because of a mental disorder: (a) The person engaged in or threatened to engage in behavior that resulted in or was likely to result in serious physical harm to self; and (b) Taking into consideration the persons particular history and circumstances, it is reasonably foreseeable that the person will engage in such behavior in the near future, even if such behavior is not imminent. (3) A person is a danger to others for purposes of this section if, because of a mental disorder: (a) The person engaged in or threatened to engage in behavior that resulted in or was likely to result in physical harm to another person; and (b) Taking into consideration the persons particular history and circumstances, it is reasonably foreseeable that the person will engage in such behavior in the near future, even if such behavior is not imminent. (4) A person is unable to provide for basic personal needs for purposes of this section if, because of a mental disorder: (a) The person is unable to provide for basic personal needs that are necessary for the person to avoid reasonably foreseeable serious physical harm in the near future, even if the serious physical harm is not imminent; and (b)(A) The person is not receiving such care as is necessary to avoid such harm; or (B) If the person is involuntarily confined in a custodial setting, it is reasonably foreseeable that upon release the person will not receive such care as is necessary to avoid such harm. (5) A person has a chronic mental disorder for purposes of this section if: (a) The person is a person with a chronic mental illness, as defined in ORS 426.495; and (b) Within the previous three years the person has twice been placed in a hospital or approved inpatient facility by the Oregon Health Authority under ORS 426.060.
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