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State v. R. E.

Summarized by: 

Date Filed: 03-07-2012
Case #: A143452
Brewer, C.J. for the Court; Ortega, P.J.; and Sercombe, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/sites/Publications/A143452.pdf

Civil Commitment: The test for establishing whether an individual is “dangerous to self” is: 1) the state must demonstrate the person is likely to harm themselves in the near future; and 2) there must be the possibility of actual physical harm.

Appellant appealed his involuntary sentence of commitment arguing the State did not meet the clear and convincing standard. Appellant’s supervisor suspected him of narcotics abuse. The appellant told her “my life is over.” Following that episode, she called police who discovered narcotics on appellant’s person. Following testimony from doctors and the appellant, the trial court committed appellant. In order for a person to be involuntarily committed under ORS 426.130(1)(b)(C), the State must show that a person is mentally ill under ORS 426.005(1)(e)(A) and is dangerous to their self. The test for establishing whether an individual is “dangerous to self” is: 1) the state must demonstrate the person is likely to harm themselves in the near future; and 2) there must be the possibility of actual physical harm. The Court found there was clear and convincing evidence the appellant was suffering from a mental disorder and a danger to himself. Affirmed.