ORS 161.325: Finding of guilty except for insanity; dispositional order.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) After the defendant is found 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, order a disposition as provided in ORS 161.327, 161.328 or 161.329, whichever is appropriate. (2) If the court enters an order as provided in ORS 161.327, 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; (c) State on the record the maximum total period of commitment or conditional discharge under ORS 161.327 (7); and (d) 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, of any hearings and orders concerning the defendant and of any conditional release, discharge or escape of the defendant. (3) The court shall include in its order the information described in subsection (2) of this section. (4) Except under circumstances described in ORS 137.076 (4), whenever a defendant charged with any offense listed in ORS 137.076 (1) has been found guilty of that offense except for insanity, the court shall, in any order entered under ORS 161.327, 161.328 or 161.329, direct the defendant to submit to the obtaining of a blood or buccal sample in the manner provided in ORS 137.076. [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; 2019 c.329 §2; 2021 c.483 §3]
Administrative rules citing this section
- OAR 257-010-0060: Mental Health Information Reporting to NICS — authority
- OAR 859-010-0005: Definitions — implements
- OAR 859-030-0010: Jurisdiction of Persons under the PSRB/Length of Jurisdiction — implements
- OAR 859-050-0105: Protocol for Media at Hearings — implements
- OAR 859-050-0110: Records of Hearings — implements
- OAR 859-110-0010: Conditional Release and Discharge of Persons Placed Under the Board’s Jurisdiction for Crimes Committed On or After December 5, 1996 — implements
- OAR 859-550-0110: Records of Hearings — implements
This rule cites
- ORS 161.327 — resolved
- 161.328 — resolved
- 161.329 — resolved
- ORS 161.326 — resolved
- ORS 137.076 — resolved
Cited by
- ORS 137.076: Blood or buccal sample and thumbprint of certain convicted defendants required; application.
- ORS 161.309: Notice of mental defense; when report required; contents of report; plea.
- ORS 161.326: Notice to victim.
- OAR 257-060-0005: Collection and Submission of Samples
- OAR 859-030-0010: Jurisdiction of Persons under the PSRB/Length of Jurisdiction
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors161.html