2017 ORS 426.675¹
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]

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 (Standards for sentencing of dangerous offenders), concerning dangerous offenders, because ORS 161.725 (Standards for sentencing of dangerous offenders) 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)

Law Review Cita­tions

8 WLJ 341-395 (1972)

Chapter 426

Notes of Decisions

The entire statutory scheme of involuntary commit­ment provides adequate procedural safeguards which satisfies the require­ments of due process and equal protec­tion. Dietrich v. Brooks, 27 Or App 821, 558 P2d 357 (1976), Sup Ct review denied

Atty. Gen. Opinions

County of residence paying mental commit­ment costs, (1979) Vol 40, p 147; civil commit­ment to Mental Health Division of per­son against whom crim­i­nal charges are pending, (1980) Vol 41, p 91

Law Review Cita­tions

16 WLR 448 (1979)

1 Legislative Counsel Committee, CHAPTER 426—Persons With Mental Illness; Dangerous Persons; Commitment; Housing, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors426.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 426, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano426.­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.