Ashcroft v. Psychiatric Security Review Board

Summary

The Oregon Supreme Court held that alcohol dependence is a personality disorder rather than a mental disease or defect under ORS 161.295(2). Because the Psychiatric Security Review Board therefore continued the petitioner’s commitment on an incorrect legal basis, the court affirmed the Court of Appeals, vacated the Board’s order, and remanded for further proceedings.

Holdings

1. Alcohol dependence is a personality disorder as that term is used in ORS 161.295(2), and therefore is not a mental disease or defect under that statute.

Questions Presented

1. Whether alcohol dependence is a mental disease or defect or instead a personality disorder under ORS 161.295(2).

Disposition

remanded