2011 ORS § 161.332¹

Definitions

As used in ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by agency) and 161.385 (Psychiatric Security Review Board) to 161.395 (Subpoena power):

(1) Conditional release includes, but is not limited to, the monitoring of mental and physical health treatment.

(2) Tier one offender means a person who has been found guilty except for insanity of a tier one offense.

(3) Tier one offense means:

(a) Aggravated murder as defined in ORS 163.095 (Aggravated murder defined);

(b) Attempt or conspiracy to commit aggravated murder as defined in ORS 163.095 (Aggravated murder defined);

(d) Attempt or conspiracy to commit murder as defined in ORS 163.115 (Murder);

(e) Manslaughter in the first degree as defined in ORS 163.118 (Manslaughter in the first degree);

(f) Manslaughter in the second degree as defined in ORS 163.125 (Manslaughter in the second degree);

(g) Assault in the first degree as defined in ORS 163.185 (Assault in the first degree);

(h) Assault in the second degree as defined in ORS 163.175 (Assault in the second degree);

(i) Kidnapping in the first degree as defined in ORS 163.235 (Kidnapping in the first degree);

(j) Kidnapping in the second degree as defined in ORS 163.225 (Kidnapping in the second degree);

(k) Rape in the first degree as defined ORS 163.375 (Rape in the first degree);

(L) Rape in the second degree as defined in ORS 163.365 (Rape in the second degree);

(m) Sodomy in the first degree as defined in ORS 163.405 (Sodomy in the first degree);

(n) Sodomy in the second degree as defined in ORS 163.395 (Sodomy in the second degree);

(o) Unlawful sexual penetration in the first degree as defined ORS 163.411 (Unlawful sexual penetration in the first degree);

(p) Unlawful sexual penetration in the second degree as defined ORS 163.408 (Unlawful sexual penetration in the second degree);

(q) Sexual abuse in the first degree as defined in ORS 163.427 (Sexual abuse in the first degree);

(r) Robbery in the first degree as defined in ORS 164.415 (Robbery in the first degree);

(s) Robbery in the second degree as defined in ORS 164.405 (Robbery in the second degree);

(t) Arson in the first degree as defined in ORS 164.325 (Arson in the first degree);

(u) Using a child in a display of sexually explicit conduct as defined in ORS 163.670 (Using child in display of sexually explicit conduct);

(v) Compelling prostitution as defined in ORS 167.017 (Compelling prostitution); or

(w) Aggravated vehicular homicide as defined in ORS 163.149 (Aggravated vehicular homicide).

(4) Tier two offender means a person who has been found guilty except for insanity only of offenses that are not tier one offenses. [1977 c.380 §1; 1983 c.800 §8; 2011 c.708 §11a]

Notes of Decisions

Under former version of these sections, Psychiatric Security Review Board could, at initial dispositional hearing, order only commitment to mental hospital or conditional release, so it had no authority to make independent redetermination of dangerousness of defendant or to order her discharged on basis of such redetermination. Adams v. Psychiatric Security Review Bd., 290 Or 273, 621 P2d 572 (1980)

Notes of Decisions

A juvenile court adjudication of whether or not a child committed acts which would be a criminal violation if committed by an adult must necessarily include an adjudication of all affirmative defenses that would be available to an adult being tried for the same criminal violation. State ex rel Juvenile Dept. v. L. J., 26 Or App 461, 552 P2d 1322 (1976)

2011 ORS § 161.332¹ Definitions

2011 ORS § 161.332¹

Definitions