State v. J.R.B.

In conducting a civil commitment hearing, the trial court, to comply with its obligation under ORS 426.100(1)(c), must advise the allegedly mentally ill person of all five possible results of the proceedings listed under ORS 426.130, or conduct an examination on the record to determine whether a valid waiver of the right to be advised has been knowingly and voluntarily made. State v. M.T., 244 Or App 299 (2011). See ORS 426.130.

J.R.B. appealed the trial court’s judgment “committing him to the custody of the Mental Health Division.” On appeal, J.R.B. argued that the trial court “plainly erred by failing to advise him of all the possible results of the proceedings” in violation of its obligation under ORS 426.100(1)(c). The state argued that the court adequately advised J.R.B. from the beginning of the hearing “regarding the majority of the rights outlined” in the statute. In conducting a civil commitment hearing, the trial court “must either advise the allegedly mentally ill person” of all five possible results of the proceedings, or “conduct an examination on the record to determine whether a valid waiver of the right to be advised has been knowingly and voluntarily made.” State v. M.T., 244 Or App 299 (2011). See ORS 426.130. The Court of Appeals held that the trial court plainly erred because, in presenting to J.R.B. the possible results of the hearing as dismissal and release or commitment, it failed to advise him “of the possible results of voluntary treatment, conditional release, and assisted outpatient treatment,” and the record does not indicate an examination of whether a valid waiver was made was conducted. Reversed.