State v. C. A. C.

ORS 426.005(1)(f)(a) allows for civil commitment of someone who, because of a mental disorder, is dangerous to themselves or others.

The standard is defined by a highly probable threat of future harm that requires threatening statements to be accompanied by some overt act. State v. J.P., 295 Or App 228, 234, 433 P3d 452 (2018).The burden is clear and convincing evidence. State v. M.G., 296 Or App 714, 718, 440 P3d 123 (2019).

Appellant appealed a judgment of civil commitment after a trial court finding that he was a danger to himself or others because of a mental disorder.  On appeal, appellant did not dispute he was a person with a mental illness under ORS 426.130(1)(a)(C), but argued the evidence was insufficient to establish he was a danger to others under civil commitment statutes. ORS 426.005(1)(f)(a) allows for civil commitment of someone who, because of a mental disorder, is dangerous to themselves or others. The standard is defined by a highly probable threat of future harm that requires threatening statements to be accompanied by some overt act. State v. J.P., 295 Or App 228, 234, 433 P3d 452 (2018).The burden is clear and convincing evidence. State v. M.G., 296 Or App 714, 718, 440 P3d 123 (2019). The trial court record indicated appellant's verbal threats towards his ex-wife were unaccompanied by any overt act. The Court found the record failed to support a finding that appellant was a danger to others under civil commitment statutes.  Thus, the Court held it was error to civilly commit appellant. Reversed.