ORS
161.325¹
Finding of guilty except for insanity
- • dispositional order
(1) After the defendant is found guilty except for insanity, the court shall, on the basis of the evidence given at the trial or at a separate hearing, if requested by either party, order a disposition as provided in ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony), 161.328 (Commitment of person found guilty except for insanity of misdemeanor) or 161.329 (Order of discharge), whichever is appropriate.
(2) If the court enters an order as provided in ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony), it shall also:
(a) Determine on the record the offense of which the person otherwise would have been convicted;
(b) State on the record the qualifying mental disorder on which the defendant relied for the guilty except for insanity defense;
(c) State on the record the maximum total period of commitment or conditional discharge under ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony) (5); and
(d) Make specific findings on whether there is a victim of the crime for which the defendant has been found guilty except for insanity and, if so, whether the victim wishes to be notified, under ORS 161.326 (Notice to victim), of any hearings and orders concerning the defendant and of any conditional release, discharge or escape of the defendant.
(3) The court shall include in its order the information described in subsection (2) of this section.
(4) Except under circumstances described in ORS 137.076 (Blood or buccal sample and thumbprint of certain convicted defendants required) (4), whenever a defendant charged with any offense listed in ORS 137.076 (Blood or buccal sample and thumbprint of certain convicted defendants required) (1) has been found guilty of that offense except for insanity, the court shall, in any order entered under ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony), 161.328 (Commitment of person found guilty except for insanity of misdemeanor) or 161.329 (Order of discharge), direct the defendant to submit to the obtaining of a blood or buccal sample in the manner provided in ORS 137.076 (Blood or buccal sample and thumbprint of certain convicted defendants required). [1971 c.743 §44; 1977 c.380 §5; 1979 c.885 §1; 1981 c.711 §1; 1983 c.800 §5; 1991 c.669 §8; 1999 c.97 §2; 2005 c.337 §1; 2010 c.89 §9; 2011 c.708 §40; 2011 c.724 §2; 2017 c.634 §6; 2019 c.329 §2]
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