State v. H. H. J.

"Under ORS 426.301(1), if the court finds that the person is still a person with mental illness and in need of further treatment, it 'may order commitment to the authority for an additional indefinite period of time up to 180 days,' otherwise the person must be released." State v. T. Z., 287 Or App 8 (2017).

Appellant appealed a judgment continuing her commitment for mental illness for an additional period of up to 180 days. Appellant assigned error to the trial court for failing to provide the advice of rights and information specified in ORS 426.100(1). On appeal, Appellant argued that the trial court failed to inform her of all the possible results of the proceeding, including the possibilities of voluntary treatment and conditional release. In response, the State disputed that the court erred at all, or that the error qualified as plain because neither conditional release nor voluntary treatment is a possible outcome under the applicable statute. "Under ORS 426.301(1), if the court finds that the person is still a person with mental illness and in need of further treatment, it 'may order commitment to the authority for an additional indefinite period of time up to 180 days,' otherwise the person must be released." State v. T. Z., 287 Or App 8 (2017). The Court held that the trial court did not err because Appellant did not identify any source of law authorizing voluntary treatment and conditional release as possible outcomes of the recommitment hearing. Affirmed.