Persons With Mental Illness

ORS 426.675
Determination of sexually dangerous persons

  • custody pending sentencing
  • hearing
  • sentencing
  • rules


(1)

When a defendant has been convicted of a sexual offense under ORS 163.305 (Definitions) to 163.467 (Private indecency) or 163.525 (Incest) and there is probable cause to believe the defendant is a sexually dangerous person, the court prior to imposing sentence may continue the time for sentencing and commit the defendant to a facility designated under ORS 426.670 (Treatment programs for sexually dangerous persons) for a period not to exceed 30 days for evaluation and report.

(2)

If the facility reports to the court that the defendant is a sexually dangerous person and that treatment available may reduce the risk of future sexual offenses, the court shall hold a hearing to determine by clear and convincing evidence that the defendant is a sexually dangerous person. The state and the defendant shall have the right to call and cross-examine witnesses at such hearing. The defendant may waive the hearing required by this subsection.

(3)

If the court finds that the defendant is a sexually dangerous person and that treatment is available which will reduce the risk of future sexual offenses, it may, in its discretion at the time of sentencing:

(a)

Sentence the defendant to probation on the condition that the person participate in and successfully complete a treatment program for sexually dangerous persons pursuant to ORS 426.670 (Treatment programs for sexually dangerous persons);

(b)

Impose a sentence of imprisonment with the order that the defendant be assigned by the Director of the Department of Corrections to participate in a treatment program for sexually dangerous persons pursuant to ORS 426.670 (Treatment programs for sexually dangerous persons). The Department of Corrections and the Oregon Health Authority shall jointly adopt administrative rules to coordinate assignment and treatment of prisoners under this subsection; or

(c)

Impose any other sentence authorized by law. [1977 c.377 §3; 1979 c.606 §2; 1987 c.320 §231; 1993 c.14 §24; 2009 c.595 §435]

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)

§§ 426.510 to 426.680

Law Review Citations

8 WLJ 341-395 (1972)

Chapter 426

Notes of Decisions

The entire statutory scheme of involuntary commitment provides adequate procedural safeguards which satisfies the requirements of due process and equal protection. Dietrich v. Brooks, 27 Or App 821, 558 P2d 357 (1976), Sup Ct review denied

Atty. Gen. Opinions

County of residence paying mental commitment costs, (1979) Vol 40, p 147; civil commitment to Mental Health Division of person against whom criminal charges are pending, (1980) Vol 41, p 91

Law Review Citations

16 WLR 448 (1979)


Source

Last accessed
Jun. 26, 2021