2017 ORS 161.325¹
Entry of judgment of guilty except for insanity
  • dispositional order

(1) After entry of judgment of 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, enter an order 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; and

(c) 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 any such findings in its order.

(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]

Notes of Decisions

Since disposi­tional hearing under former version of this sec­tion was final stage in crim­i­nal pro­ceed­ing which had determined that accused was mentally ill when he engaged in crim­i­nal acts, review was confined to determining whether trial court findings were supported by substantial evidence. State v. Orans, 56 Or App 681, 642 P2d 1197 (1982)

Disposi­tional judg­ment of guilty except for insanity is not crim­i­nal judg­ment imposing sen­tence. State v. Gile, 161 Or App 146, 985 P2d 199 (1999)

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)

Law Review Cita­tions

18 WLR 23 (1982)

Law Review Cita­tions

51 OLR 428 (1972); 52 OLR 285-295 (1973)

Chapter 161

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)

Law Review Cita­tions

2 EL 237 (1971); 51 OLR 427-637 (1972)

Chapter 161

Criminal Code

(Generally)

Notes of Decisions

Legislature’s adop­tion of 1971 Criminal Code did not abolish doctrine of transferred intent. State v. Wesley, 254 Or App 697, 295 P3d 1147 (2013), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 161—General Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors161.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 161, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano161.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.