State v. T.L.B.

Commitment proceedings are not criminal so long as “the detention is for a non-punitive purpose and ends with that purpose". Brown v. Multnomah County Dist. Ct., 280 Or. 95, 103, 570 P2d 52 (1977).

Appellant appealed a judgement that found him to be an “extremely dangerous person” under ORS 426.701 and subsequently committed him to the jurisdiction of the Psychiatric Security Review Board (PSRB) for up to 24 months. Appellant asserted three assignments of error, (1) commitment proceedings are analogous to criminal proceedings and constitutional protections apply, (2) the constitutional protections include state and federal exclusionary rules, and (3) the trial court erred in finding Appellant an “extremely dangerous person”. Commitment proceedings are not criminal so long as “the detention is for a non-punitive purpose and ends with that purpose.” Brown v. Multnomah County Dist. Ct., 280 Or. 95 (1977). The Court observed the statutes at issue, ORS 426.701 and ORS 426.702, enable a superintendent of Oregon State Hospital to request the PSRB review an individual and commitment may cease if the individual no longer suffers from a qualifying mental disorder that is resistant to treatment, or is no longer extremely dangerous. The Court thus reasoned Appellant’s commitment proceedings were not analogous to criminal proceedings because they served a medical rather than a punitive purpose and constitutional protections, both state and federal, did not apply. The Court held the trial court did not err in finding the defendant to be an “extremely dangerous person” since the commitment at issue followed two deaths resulting from the Appellant’s delusions. AFFIRMED.