ORS 419C.524
Notice and filing report prerequisite to defense
- timing
(1)
A youth may not introduce evidence on the issue of the defense set forth in ORS 419C.522 (Qualifying mental disorder as affirmative defense) unless the youth:(a)
Gives notice of intent to do so in the manner provided in subsection (2) of this section; and(b)
Files with the court a report of a psychiatric or psychological evaluation, conducted by a certified evaluator, in the manner provided in subsection (5) of this section.(2)
A youth who is required under subsection (1) of this section to give notice must do so by filing a written notice of intent. A youth who is not in detention must file the notice of intent no later than 60 days after the petition is filed unless the court finds good cause to extend the time. If the youth fails to file notice timely, the youth may not introduce evidence for the establishment of the defense set forth in ORS 419C.522 (Qualifying mental disorder as affirmative defense) unless the court permits the evidence to be introduced when just cause for failure to file the notice is shown.(3)
Just cause for failure to file notice timely exists if the youth was not represented by counsel until after the filing period.(4)
The filing of a notice of intent under this section by a youth in detention constitutes express consent of the youth for continued detention under ORS 419C.150 (Time limitations on detention).(5)
A youth who is required under subsection (1) of this section to file a report of a psychiatric or psychological evaluation shall file the report before trial. The report must be based on an evaluation conducted after the date of the alleged act and must address the issue of insanity under ORS 419C.411 (Disposition order) (2) and the dispositional determinations described in ORS 419C.411 (Disposition order) (7) and 419C.529 (Finding of serious mental condition). If the youth fails to file a complete report before trial, the youth may not introduce evidence for the establishment of the defense set forth in ORS 419C.522 (Qualifying mental disorder as affirmative defense) unless the court permits the evidence to be introduced when just cause for failure to file the report is shown.(6)
As used in this section, “certified evaluator” means a psychiatrist or psychologist who holds a valid certification under the provisions of ORS 161.392 (Certification of psychiatrists and licensed psychologists). [2005 c.843 §5; 2011 c.724 §6]
Source:
Section 419C.524 — Notice and filing report prerequisite to defense; timing, https://www.oregonlegislature.gov/bills_laws/ors/ors419C.html.
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