ORS 161.349: Person committed under ORS 161.315 to 161.351 sentenced to term of incarceration.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) When a person who is committed to a state hospital or a secure intensive community inpatient facility under ORS 161.315 to 161.351 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 (7). When the person is conditionally released or discharged by the Psychiatric Security Review Board under ORS 161.315 to 161.351, or when the maximum period of jurisdiction described in ORS 161.327 (7) 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 board shall notify the department or the supervisory authority when the period of time described in ORS 161.327 (7) will expire. (3) The department or supervisory authority shall notify the 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 to 161.351. (4) As used in this section, “supervisory authority” has the meaning given that term in ORS 144.087. [2011 c.708 §15; 2011 c.708 §39; 2017 c.442 §13; 2021 c.483 §4]
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 161.315 — resolved
- 161.351 — resolved
- ORS 161.327 — resolved
- ORS 144.087 — resolved
Cited by
No inbound citations found.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors161.html