General Provisions

ORS 161.329
Order of discharge

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 that the person be discharged from custody if:


The court finds that the person is no longer affected by a qualifying mental disorder, or, if so affected, no longer presents a substantial danger to others and is not in need of care, supervision or treatment; or


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


The court finds that the person does not present a substantial danger to others that requires commitment. [1971 c.743 §45; 1977 c.380 §6; 1981 c.711 §4; 2011 c.724 §5; 2017 c.634 §9; 2019 c.329 §5]

Atty. Gen. Opinions

Right of mentally diseased person to vote, (1972) Vol 35, p 1220

Law Review Citations

18 WLR 33 (1982); 23 WLR 493, 495 (1987)

§§ 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


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


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Jun. 26, 2021