State v. M. J. M.

Once a court finds a person is mentally ill by clear and convincing evidence, if the court finds that person is “willing and able to participate in treatment on a voluntary basis” and they “will probably do so” the court must order their release under ORS 426.130(1)(a)(A)(i)-(ii).

Appellant appealed a judgment that committed her to Mental Health Division custody for a period not exceeding 180 days.  On appeal, Appellant argued she had proven to the trial court by a preponderance of the evidence “she was willing and able to and would probably participate in voluntary treatment.” Once a court finds a person is mentally ill by clear and convincing evidence, if the court finds that person is “willing and able to participate in treatment on a voluntary basis” and they “will probably do so” the court must order their release under ORS 426.130(1)(a)(A)(i)-(ii). The Court held that the evidence in the record supported the trial court's determination that Appellant “would neither cooperate with nor benefit from voluntary treatment.” Affirmed.