Civil Commitment – Case Law Wire

Matter of State of New York v. John T. — Third Department Holds Clear-and-Convincing Standard Constitutional for MHL Art. 10 Sexual Motivation Finding

Third Department affirms civil confinement under Mental Hygiene Law Article 10, joining the First and Fourth Departments in holding that due process does not require the ‘sexual motivation’ element of a pre-SOMTA offense to be proved beyond a reasonable doubt — clear and convincing evidence is constitutionally sufficient.

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State v. T. L. — Involuntary Commitment Under Expanded Chronic Mental Illness Criteria Affirmed; Prior Expanded-Criteria Hospitalizations Count Toward Two-Hospitalization Prerequisite

/ June 9, 2026

The Oregon Court of Appeals affirmed a 180-day involuntary commitment under the expanded chronic mental illness criteria of former ORS 426.005(1)(f)(C), holding as a matter of statutory interpretation that prior hospitalizations resulting from expanded-criteria commitments count toward the two-hospitalization prerequisite in sub-subparagraph (C)(ii), and that three mental health professionals’ testimony provided sufficient evidence that the patient’s current symptoms substantially resembled those preceding his prior commitments.