General Provisions
Discharge by board
- effect of remission
- protection of society
Notes of Decisions
Under former statutory scheme, ORS 161.336 (1) and (2) and 161.341 (1) governed initial dispositional hearing and this section applied only to subsequent hearings to determine whether person continued to be affected by mental disease or defect. Adams v. Psychiatric Sec. Review Bd., 290 Or 273, 621 P2d 572 (1980)
Since decision as to dangerousness of individual confined under jurisdiction of Psychiatric Security Review Board must be made on basis of evidence in record, where decision was made on basis of non-record opinion information case was remanded for further hearing. Rolfe v. Psychiatric Security Review Board, 53 Or App 941, 633 P2d 846 (1981), Sup Ct review denied
Transfer of jurisdiction from circuit court to PSRB does not violate Article I, section 21 or Article III, section 1 of constitution. Perkey v. Psychiatric Security Review Board, 65 Or App 259, 670 P2d 1061 (1983)
Atty. Gen. Opinions
Psychiatric Security Review Board's maximum period of jurisdiction, (1979) Vol 39, p 552
Law Review Citations
18 WLR 44 (1982)
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)
Law Review Citations
51 OLR 428 (1972); 52 OLR 285-295 (1973)
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)
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