Determination of sexually dangerous persons
- custody pending sentencing
- hearing
- sentencing
- rules
Source:
Section 426.675 — Determination of sexually dangerous persons; custody pending sentencing; hearing; sentencing; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors426.html.
Notes of Decisions
Where record of trial of defendant convicted of attempted sodomy and kidnapping clearly indicated that neither judge nor defense counsel were aware of provisions of this section, matter was remanded for reconsideration of sentence. State v. Morse, 35 Or App 7, 580 P2d 1038 (1978)
This section does not conflict with ORS 161.725, concerning dangerous offenders, because ORS 161.725 provides for modified sentence of incarceration for dangerous offender as means of preventing individual from inflicting future harm, while this section authorizes treatment program for sexually dangerous person during incarceration, and thus court did not err in sentencing defendant both as dangerous offender and sexually dangerous person upon his conviction of burglary and attempted rape. State v. Sanders, 35 Or App 503, 582 P2d 22 (1978), Sup Ct review denied
The procedure set forth in this section for determining whether defendant is sexually dangerous offender contemplates examination of defendant and mere review of defendant’s presentence report and police reports does not satisfy statute. State v. Cunningham, 82 Or App 292, 728 P2d 75 (1986)
When judge has made finding under this section that there is probable cause to believe defendant is sexually dangerous and orders examination pursuant to statute, sentencing judge may not ignore order. State v. Cunningham, 82 Or App 292, 728 P2d 75 (1986)
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