- Court: Oregon Court of Appeals
- Area(s) of Law: Civil Commitment
- Date Filed: 09-20-2023
- Case #: No. A180733
- Judge(s)/Court Below: Ortega, P.J., Powers, J., and Hellman, J.
- Full Text Opinion
Appellant was committed to the Addiction and Mental Health Division of the Oregon Health Authority for 180 days after violating her conditional release agreement. Appellant assigned plain error to the trial court.
Appellant’s conditional release agreement required her to stipulate to having a mental disorder and to receive treatment for that disorder over the following two years. Appellant failed to adhere to the terms of her release and a separate trial court ordered commitment based on the Appellant’s earlier stipulation.
Appellant argued, and the state conceded, that the court plainly erred because the terms of the conditional release did not conform with the requirements of ORS 426.130(2), which requires that “[a]ny period of commitment [...] or conditional release under this section shall be for a period of time not to exceed 180 days[,]” and ORS 426.125, which sets out several requirements for commitment or conditional release in lieu of commitment.
The two-year conditional release agreement did not conform with the requirements of ORS chapter 426.
Reversed.