(1) The expenses of a proceeding under ORS 426.295 (2) shall be paid by the person with mental illness, unless it appears from the affidavit of the person or other evidence that the person is unable to pay the expenses. If the person is unable to pay, the expenses of the proceedings shall be paid by the community mental health program in the county of which the person was a resident at the time of admission. If the county of residence cannot be established, the community mental health program in the county from which the person was admitted shall pay the expenses. (2) The expenses of the proceeding under ORS 426.295 (3) shall be paid by the petitioner. (3) Any physician employed by the court to make an examination as to the mental condition of a person subject to a competency proceeding under ORS 426.295 or 426.380 to 426.390 shall be allowed a reasonable professional fee by order of the court. Witnesses summoned and giving testimony shall receive the same fees as are paid in ORS 44.415 (2).
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