General Provisions

ORS 161.325
Finding of guilty except for insanity

  • dispositional order


(1)

After the defendant is found guilty except for insanity, the court shall, on the basis of the evidence given at the trial or at a separate hearing, if requested by either party, order a disposition as provided in ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony), 161.328 (Commitment of person found guilty except for insanity of misdemeanor) or 161.329 (Order of discharge), whichever is appropriate.

(2)

If the court enters an order as provided in ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony), it shall also:

(a)

Determine on the record the offense of which the person otherwise would have been convicted;

(b)

State on the record the qualifying mental disorder on which the defendant relied for the guilty except for insanity defense;

(c)

State on the record the maximum total period of commitment or conditional discharge under ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony) (5); and

(d)

Make specific findings on whether there is a victim of the crime for which the defendant has been found guilty except for insanity and, if so, whether the victim wishes to be notified, under ORS 161.326 (Notice to victim), of any hearings and orders concerning the defendant and of any conditional release, discharge or escape of the defendant.

(3)

The court shall include in its order the information described in subsection (2) of this section.

(4)

Except under circumstances described in ORS 137.076 (Blood or buccal sample and thumbprint of certain convicted defendants required) (4), whenever a defendant charged with any offense listed in ORS 137.076 (Blood or buccal sample and thumbprint of certain convicted defendants required) (1) has been found guilty of that offense except for insanity, the court shall, in any order entered under ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony), 161.328 (Commitment of person found guilty except for insanity of misdemeanor) or 161.329 (Order of discharge), direct the defendant to submit to the obtaining of a blood or buccal sample in the manner provided in ORS 137.076 (Blood or buccal sample and thumbprint of certain convicted defendants required). [1971 c.743 §44; 1977 c.380 §5; 1979 c.885 §1; 1981 c.711 §1; 1983 c.800 §5; 1991 c.669 §8; 1999 c.97 §2; 2005 c.337 §1; 2010 c.89 §9; 2011 c.708 §40; 2011 c.724 §2; 2017 c.634 §6; 2019 c.329 §2]

Notes of Decisions

Since dispositional hearing under former version of this section was final stage in criminal proceeding which had determined that accused was mentally ill when he engaged in criminal acts, review was confined to determining whether trial court findings were supported by substantial evidence. State v. Orans, 56 Or App 681, 642 P2d 1197 (1982)

Dispositional judgment of guilty except for insanity is not criminal judgment imposing sentence. State v. Gile, 161 Or App 146, 985 P2d 199 (1999)

§§ 161.325 to 161.351

Notes of Decisions

Under former version of these sections, Psychiatric Security Review Board could, at initial dispositional hearing, order only commitment to mental hospital or conditional release, so it had no authority to make independent redetermination of dangerousness of defendant or to order her discharged on basis of such redetermination. Adams v. Psychiatric Security Review Bd., 290 Or 273, 621 P2d 572 (1980)

Law Review Citations

18 WLR 23 (1982)

§§ 161.290 to 161.370

Law Review Citations

51 OLR 428 (1972); 52 OLR 285-295 (1973)

Chapter 161

Notes of Decisions

A juvenile court adjudication of whether or not a child committed acts which would be a criminal violation if committed by an adult must necessarily include an adjudication of all affirmative defenses that would be available to an adult being tried for the same criminal violation. State ex rel Juvenile Dept. v. L.J., 26 Or App 461, 552 P2d 1322 (1976)

Law Review Citations

2 EL 237 (1971); 51 OLR 427-637 (1972)

Chapter 161

Criminal Code

(Generally)

Notes of Decisions

Legislature's adoption of 1971 Criminal Code did not abolish doctrine of transferred intent. State v. Wesley, 254 Or App 697, 295 P3d 1147 (2013), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021