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]

Source: Section 426.675 — Determination of sexually dangerous persons; custody pending sentencing; hearing; sentencing; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html.

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)

426.005
Definitions for ORS 426.005 to 426.390
426.010
State hospitals for persons with mental illness
426.020
Superintendent
426.060
Commitment to Oregon Health Authority
426.070
Initiation
426.072
Care while in custody
426.074
Investigation
426.075
Notice and records of treatment prior to hearing
426.080
Execution and return of citation or warrant of detention
426.090
Citation
426.095
Commitment hearing
426.100
Advice of court
426.110
Appointment of examiners
426.120
Examination report
426.123
Observation of person in custody
426.125
Qualifications and requirements for conditional release
426.127
Outpatient commitment
426.129
Community liaison
426.130
Court determination of mental illness
426.133
Assisted outpatient treatment
426.135
Counsel on appeal
426.140
Place of confinement
426.150
Transportation to treatment facility
426.155
Release of information about person held in custody pending commitment proceeding or while committed or recommitted
426.160
Disclosure of record of commitment proceeding
426.170
Delivery of certified copy of record
426.180
Emergency commitment of individuals in Indian country
426.200
Duties following emergency admission
426.210
Limit of detention after commitment in emergency proceedings
426.217
Change of status of committed patient to voluntary patient
426.220
Voluntary admission
426.223
Retaking persons in custody of or committed to Oregon Health Authority
426.225
Voluntary admission to state hospital of committed person
426.228
Custody
426.231
Hold by licensed independent practitioner
426.232
Emergency admission
426.233
Authority of community mental health program director and of other individuals
426.234
Duties of professionals at facility where person admitted
426.235
Transfer between hospital and nonhospital facilities
426.236
Rules
426.237
Prehearing detention
426.238
Classifying facilities
426.241
Payment of care, custody and treatment costs
426.250
Payment of costs related to commitment proceedings
426.255
County to pay costs
426.273
Trial visits
426.275
Effect of failure to adhere to condition of placement
426.278
Distribution of copies of conditions for outpatient commitment or trial visit
426.292
Release prior to expiration of term of commitment
426.295
Judicial determination of competency
426.297
Payment of expenses for proceeding under ORS 426.295
426.300
Discharge of committed persons
426.301
Release of committed person
426.303
Effect of protest of further commitment
426.307
Court hearing
426.309
Effect of ORS 426.217 and 426.301 to 426.307 on other discharge procedure
426.310
Reimbursement of county expenses for commitment proceedings involving nonresidents
426.320
Payment of certain expenses by the state
426.330
Presentation and payment of claims
426.335
Limitations on liability
426.370
Withholding information obtained in certain commitment or admission investigations
426.380
Availability of writ of habeas corpus
426.385
Rights of committed persons
426.390
Construction
426.395
Posting of statement of rights of committed persons
426.415
Licensing of persons who may order and oversee use of restraint and seclusion in facilities providing mental health treatment to individuals under 21 years of age
426.490
Policy
426.495
Definitions for ORS 426.490 to 426.500
426.500
Powers and duties of Oregon Health Authority
426.502
Definitions for ORS 426.502 to 426.508
426.504
Power of Oregon Health Authority to develop community housing for persons with chronic mental illness
426.506
Community Mental Health Housing Fund
426.508
Sale of F. H. Dammasch State Hospital
426.510
“Sexually dangerous person” defined
426.650
Voluntary admission to state institution
426.670
Treatment programs for sexually dangerous persons
426.675
Determination of sexually dangerous persons
426.680
Trial visits for probationer
426.701
Commitment of “extremely dangerous” person with qualifying mental disorder
426.702
Discharge from commitment of extremely dangerous person with qualifying mental disorder
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