Commitment or conditional release of person found guilty except for insanity of felony
- consultation
- evaluation
- appeal
- rules
Source:
Section 161.327 — Commitment or conditional release of person found guilty except for insanity of felony; consultation; evaluation; appeal; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html.
Notes of Decisions
Mere need for psychiatric treatment or assistance with personal needs cannot support criminal commitment where evidence of dangerousness is lacking. State v. Rath, 46 Or App 695, 613 P2d 60 (1980); State v. LeHuquet, 54 Or App 895, 636 P2d 467 (1981)
It was proper for trial court to apply ORS 161.725 to extend maximum period of commitment of defendant to jurisdiction of Psychiatric Security Review Board. State v. Carrol, 54 Or App 445, 635 P2d 17 (1981), Sup Ct review denied
Under former version of this section, where inter alia, two mental health professionals testified that there was reasonable possibility that defendant’s condition could be activated to the point where he could be danger to himself, there was substantial evidence to support findings that defendant should remain under jurisdiction of Psychiatric Security Review Board. State v. Orans, 56 Or App 681, 642 P2d 1197 (1982)
PSRB is mandated to take jurisdiction for period that trial court determines would be maximum sentence that could have been received by defendant and has no authority to modify trial court’s determination of maximum sentence. Anderson v. PSRB, 65 Or App 69, 670 P2d 185 (1983)
Once jurisdiction passes to PSRB under this section, trial court’s jurisdiction terminates and it has no authority to place conditions on PSRB’s supervision and release of defendant. State v. Pilip, 111 Or App 649, 826 P2d 125 (1992)
Instructing jury on consequences of guilty except for insanity verdict does not deprive defendant of federal constitutional right to fair trial. State v. Amini, 175 Or App 370, 28 P3d 1204 (2001), Sup Ct review denied
Where court errs in setting period of jurisdiction, Psychiatric Security Review Board lacks authority to extend period of jurisdiction to comply with statute. Romanov v. Psychiatric Security Review Board, 179 Or App 127, 38 P3d 965 (2002)
“Maximum sentence” provided by statute for crime means statutory indeterminate maximum sentence person could have received if found guilty. State v. Brooks, 187 Or App 388, 67 P3d 426 (2003), Sup Ct review denied
In fixing length of Psychiatric Security Review Board jurisdiction over defendant based on multiple offenses, court must determine whether defendant could have received consecutive sentences under standards prescribed in ORS 137.123. State v. Brooks, 187 Or App 388, 67 P3d 426 (2003), Sup Ct review denied
Law Review Citations
23 WLR 493, 495 (1987); 29 WLR 829 (1993)
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