State v. Burge

The state concedes that the advice required by ORS 426.100(1)1 was not given in this case. The remaining question is whether the requirement under the statute was waived, so that the involuntary commitment order should be affirmed. A “waiver” is a voluntary relinquishment of a known right. When a right under a statute is waived, the effect is to satisfy the purpose of the statute. The purpose of ORS 426.100(1) is “to ensure that all allegedly mentally ill persons get the benefit of a full and fair hearing before that person is committed.” State v. Allison, 129 Or App 47, 50, 877 P2d 660…