State v. J.R.B. (In re J.R.B.), 418 P.3d 38

Appellant was subject to a civil commitment hearing under ORS chapter 426; the trial court committed him to the Oregon Health Authority for up to 180 days.
Appellant did not object at trial to the trial court’s advisements but raised the issue on appeal (unpreserved claim).
ORS 426.100(1)(c) requires the court to advise the person of the “possible results of the proceedings.” ORS 426.130 enumerates those possible results (dismissal/release, conditional release, commitment up to 180 days, or assisted outpatient treatment up to 12 months).
At the hearing the court advised the appellant that it would dismiss the case if the State failed to prove mental illness, or could commit him up to 180 days if proven; the court did not explicitly advise him of voluntary treatment/release, conditional release, or assisted outpatient treatment.
Appellant argued the court plainly erred under ORAP 5.45 by failing to advise him of all possible results; the State argued the court’s advisement was adequate and relied on earlier precedent.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court plainly erred by failing to advise appellant of all possible results required by ORS 426.100(1)(c)	Court failed to advise of voluntary treatment/release, conditional release, and assisted outpatient treatment; error is obvious and on the record	Court adequately advised appellant of the major outcomes and prior case law (J.D.C.) supports no plain error	Reversed: court plainly erred by not advising of all possible results (including voluntary treatment, conditional release, assisted outpatient treatment), and appellate court exercised discretion to correct the error
Whether representation by counsel cures the trial court’s failure to advise	Counsel’s presence does not automatically cure the court’s statutory duty; waiver must be on the record	State argued counsel likely informed appellant, making error harmless	Court held counsel’s presence did not establish a valid on-the-record waiver; record lacked examination showing appellant knowingly waived advisement

State v. M. L. R., 256 Or. App. 566 (court must advise of possible results of commitment hearing)
State v. J. D. C., 226 Or. App. 563 (earlier decision cited by State regarding advisement scope)
State v. M. M., 288 Or. App. 111 (failure to advise of voluntary treatment and conditional release is plain error)
State v. M. T., 244 Or. App. 299 (counsel’s representation does not by itself render court’s failure to advise harmless)
State v. Reynolds, 250 Or. App. 516 (standards for reviewing unpreserved errors under ORAP 5.45)