2015 ORS 161.349¹
Commission of crime by person committed under ORS 161.315 to 161.351

(1) When a person who is committed to a state hospital or a secure intensive community inpatient facility under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by agency) is convicted of a crime and sentenced to a term of incarceration and when the person is sentenced to a term of incarceration as a sanction for violating the conditions of probation, parole or post-prison supervision, the sentencing court shall stay execution of the sentence pending the conditional release or discharge of the person or the expiration of the period of time described in ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony) (5). When the person is conditionally released or discharged by the agency having jurisdiction over the person under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by agency), or when the maximum period of jurisdiction described in ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony) (5) expires, the stay shall be lifted by operation of law and the person shall be delivered to the custody of the Department of Corrections or the supervisory authority to begin service of the sentence imposed.

(2) When a person described in subsection (1) of this section is delivered to the custody of the department or the supervisory authority as described in this section, the agency having jurisdiction over the person while the person was committed to a state hospital or a secure intensive community inpatient facility shall notify the department or the supervisory authority when the period of time described in ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony) (5) will expire.

(3) The department or supervisory authority shall notify the Psychiatric Security Review Board when the person has served the term of incarceration imposed by the court and the board shall resume exercising active jurisdiction over the person in accordance with ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by agency).

(4) As used in this section, "supervisory authority" has the meaning given that term in ORS 144.087 ("Supervisory authority" defined). [2011 c.708 §15; 2011 c.708 §39]

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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 161, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano161.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.