State v. C.C.N.

“To prove that a person is dangerous to others, the state must establish by clear and convincing evidence a factual foundation to predict appellant’s future dangerousness based on his condition at the time of the hearing… The state must also present current evidence to link the appellant’s past behavior to a current serious and highly probable threat of harm.”

Appellant challenges the judgment committing him to the custody of OHA on the court’s determination appellant was a person with mental illness and that as a result he is dangerous to others. In three assignments of error, appellant argues the trial court lacked probable cause to hold the commitment hearing because the citation was issued before the ORS 426.070(3)(c) investigation was complete, challenges evidence of previous criminal assaults being admitted at the commitment hearing, and argues the evidence was legally insufficient to conclude he was a danger to others. “To prove that a person is dangerous to others, the state must establish by clear and convincing evidence a factual foundation to predict appellant’s future dangerousness based on his condition at the time of the hearing… The state must also present current evidence to link the appellant’s past behavior to a current serious and highly probable threat of harm.” The Court reasoned that the notice of mental illness that described appellant's violent behavior and noncompliance with medication provided the trial court with probable cause for the commitment hearing given appellant’s lack of insight into his mental health and altercations with other patients at OSH. The Court also reasoned the evidence of prior criminal assaults was relevant because appellant was hospitalized for one of the incidents under similar circumstances to the present case. The Court held the trial court did not err in concluding appellant is dangerous to others because of a mental disorder given that he has demonstrated poor insight to his mental health, has had multiple altercations while hospitalized, and planned to stop his medication if not required to take them. Affirmed.