Description:

McMinnville, Oregon criminal defense lawyer represented the Defendant ordered to participate in assisted outpatient treatment for mental illness treatment for an unspecified time.


ORS 426.130(2) provides in part that when there is an order for assisted outpatient treatment, the court shall establish a period of time for the treatment that shall not exceed 12 months. Here, at the civil commitment hearing, the court found that appellant had a mental health disorder, but that commitment was not required. Instead, the court entered a limited judgment for assisted outpatient treatment and discharged appellant from inpatient treatment. However, the limited judgment did not specify the length of time that appellant would be subject to assisted outpatient treatment, which was a plain error. Considering the nature of civil commitment proceedings, the state's concession of error, the gravity of the error, and the ends of justice, we exercise our discretion to correct it. See State v. T.C., 327 Or.App. 558, 571, 536 P.3d 591 (2023), rev den, 371 Or. 825 (2024) (exercising discretion to correct plain error in civil commitment case).

State v. J. A. M. (In re J. A. M.), 336 Or.App. 477, A184166 (Or. App. Nov 27, 2024)

Outcome: Reversed

Plaintiff's Experts:

Defendant's Experts:

Comments: