State v. M. L.

For a person to be involuntarily committed, the State must establish a "particularized" and "highly probable" threat sufficient to show that the person is a danger to self within the meaning of ORS 426.005(1)(f)(A). State v. S. R. J., 281 Or App 741, 749, 386 P3d 99 (2016).

M.L. sought reversal of a judgment that involuntarily committed him to the Oregon Health Authority for up to 180 days. M.L. assigned error to the trial court's imposition of judgment despite the lack of requisite evidence. On appeal, M.L. argued that the evidence put forth was legally insufficient to prove that he suffered from a mental disorder that made him a "danger to self." For a person to be involuntarily committed, the State must establish a "particularized" and "highly probable" threat sufficient to show that the person is a danger to self within the meaning of ORS 426.005(1)(f)(A). State v. S. R. J., 281 Or App 741, 749, 386 P3d 99 (2016). The Court held that evidence which established that M.L. suffered from bipolar disorder, refused medication for his condition, put bleach and other household chemicals on his body due to a concern about the government exposing him to radiation, and left his home in Saint Paul one night to attempt to walk to Portland did not sufficiently show a highly probable threat to M.L.’s safe survival. Reversed.