ORS 161.329: Order of discharge.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
After the defendant is found guilty except for insanity pursuant to ORS 161.319, the court shall order that the person be discharged from custody if: (1) The court finds that the person is no longer affected by a qualifying mental disorder, or, if so affected, no longer presents a substantial danger to others and is not in need of care, supervision or treatment; or (2)(a) Each offense for which the person is found guilty except for insanity is a misdemeanor; and (b) The court finds that the person does not present a substantial danger to others that requires commitment. [1971 c.743 §45; 1977 c.380 §6; 1981 c.711 §4; 2011 c.724 §5; 2017 c.634 §9; 2019 c.329 §5]
Administrative rules citing this section
- OAR 257-010-0060: Mental Health Information Reporting to NICS — authority
- OAR 859-010-0005: Definitions — implements
- OAR 859-050-0100: Appearance at Hearings by Remote Means — 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 161.319 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors161.html