General Provisions

ORS 161.328
Commitment of person found guilty except for insanity of misdemeanor


(1)

After the defendant is found guilty except for insanity pursuant to ORS 161.319 (Form of verdict on guilty except for insanity), the court shall order a person committed to a state mental hospital or other facility designated by the Oregon Health Authority if:

(a)

Each offense for which the person is found guilty except for insanity is a misdemeanor; and

(b)

The court finds that the person is affected by a qualifying mental disorder and presents a substantial danger to others that requires commitment.

(2)

The total period of commitment under this section may not exceed the maximum sentence provided by statute for the crime for which the person was found guilty except for insanity.

(3)

If the superintendent of the state mental hospital or the director of the facility to which the person is committed determines that a person committed under this section is no longer affected by a qualifying mental disorder or, if so affected, no longer presents a substantial danger to others that requires commitment, the superintendent or director shall file notice of that determination with the committing court. Upon filing of the notice, the superintendent or director shall discharge the person from custody. [1981 c.711 §3; 1983 c.800 §7; 1987 c.903 §36; 1995 c.529 §1; 2011 c.708 §37; 2011 c.724 §4; 2017 c.634 §8; 2019 c.329 §4]

Law Review Citations

18 WLR 32 (1982)

§§ 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