Juvenile Code: Delinquency
- factors to be considered
- finding of responsible except for insanity
(1)At the termination of the hearing or hearings in the proceeding or after entry of an order under ORS 419C.067 (Case transferred to juvenile court after verdict in criminal court), the court shall enter an appropriate order directing the disposition to be made of the case.
(2)The court shall find a youth responsible except for insanity if:
(a)The youth asserted qualifying mental disorder as a defense as provided in ORS 419C.524 (Notice and filing report prerequisite to defense); and
(b)The court determined by a preponderance of the evidence that, as a result of a qualifying mental disorder at the time the youth committed the act alleged in the petition, the youth lacked substantial capacity either to appreciate the nature and quality of the act or to conform the youth’s conduct to the requirements of law.
(3)Except as otherwise provided in subsections (6) and (7) of this section, in determining the disposition of the case, the court shall consider each of the following:
(a)The gravity of the loss, damage or injury caused or attempted during, or as part of, the conduct that is the basis for jurisdiction under ORS 419C.005 (Jurisdiction);
(b)Whether the manner in which the youth offender engaged in the conduct was aggressive, violent, premeditated or willful;
(c)Whether the youth offender was held in detention under ORS 419C.145 (Preadjudication detention) and, if so, the reasons for the detention;
(d)The immediate and future protection required by the victim, the victim’s family and the community; and
(e)The youth offender’s juvenile court record and response to the requirements and conditions imposed by previous juvenile court orders.
(4)In addition to the factors listed in subsection (3) of this section, the court may consider the following:
(a)Whether the youth offender has made any efforts toward reform or rehabilitation or making restitution;
(b)The youth offender’s educational status and school attendance record;
(c)The youth offender’s past and present employment;
(d)The disposition proposed by the youth offender;
(e)The recommendations of the district attorney and the juvenile court counselor and the statements of the victim and the victim’s family;
(f)The youth offender’s mental, emotional and physical health and the results of the mental health or substance abuse treatment; and
(g)Any other relevant factors or circumstances raised by the parties.
(5)The court’s consideration of matters under this section may be addressed on appeal only if raised by a party at a dispositional hearing or by a motion to modify or set aside under ORS 419C.610 (Authority to modify or set aside orders).
(6)When a youth is found responsible except for insanity, the court shall order a disposition under ORS 419C.529 (Finding of serious mental condition) if the court finds by a preponderance of the evidence that, at the time of disposition, the youth:
(a)Has a serious mental condition; or
(b)Has a qualifying mental disorder other than a serious mental condition and presents a substantial danger to others.
(7)When a youth is found responsible except for insanity and the court does not make a finding described in subsection (6) of this section, the court may:
(a)Enter an order finding the youth to be within the court’s jurisdiction under ORS 419B.100 (Jurisdiction) and make any disposition authorized by ORS chapter 419B;
(b)Initiate civil commitment proceedings; or
(c)Enter an order of discharge. [1993 c.33 §226; 1995 c.422 §80; 2003 c.396 §105; 2005 c.843 §10; 2017 c.634 §21]
Notes of Decisions
Right of allocution under section 11, Article I of Oregon Constitution, does not apply at dispositional phase of juvenile proceeding. State ex rel Juvenile Dept. v. Leach, 202 Or App 632, 123 P3d 347 (2005)
Law Review Citations
Under Former Similar Statutes
56 OLR 428 (1977); 16 WLR 417 (1979)