161.325
Finding of guilty except for insanity; dispositional order. (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]
Notes of Decisions
Cited in
30
cases (
4 in the last 5 years), 1976–2025 · leading case:
State v. Olmstead, 800 P.2d 277 (Or. 1990).
State v. Olmstead, 800 P.2d 277 (Or. 1990).
· cites it 4× “ORS 161.325 to 161.351. The legislative history of ORS 161.”
State v. Brooks, 67 P.3d 426 (Or. Ct. App. 2003).
· cites it 6× “319; ORS 161.325. After entry of a judgment of guilty except for insanity, the court must determine whether the person must be immediately discharged from custody pursuant to ORS 161.”
Tharp v. Psychiatric Sec. Review Bd., 110 P.3d 103 (Or. 2005).
· cites it 2× “See ORS 161.325 and ORS 161.327 (describing procedures and standards for trial court to determine whether person judged guilty except for insanity should be committed to state hospital and placed under board’s jurisdiction).”
State v. Counts, 816 P.2d 1157 (Or. 1991).
· cites it 4× “The court then found that defendant had proved the defense of mental disease or defect and entered a judgment that defendant was guilty except for insanity of intentional murder.”
State v. George, 97 P.3d 656 (Or. 2004).
· cites it 2× “319 and the dispositional determination under ORS 161.325, if the court finds that the person would have been guilty of a felony, or of a misdemeanor during a criminal episode in the course of which the person caused physical injury or risk of physical injury to another, and if…”
Adams v. Psychiatric Sec. Review Bd., 621 P.2d 572 (Or. 1980).
· cites it 4× “Because we have not hitherto examined the procedures of PSRB under former ORS 161.325 to 161.351, we allowed the petition.”
Rinne v. Psychiatric Sec. Review Bd., 443 P.3d 731 (Or. Ct. App. 2019).
“See ORS 161.325 (requiring qualifying mental disorder to be identified on the record but not explicitly requiring its listing in the judgment).”
State v. Gile, 985 P.2d 199 (Or. Ct. App. 1999).
· cites it 3× “Instead, the court must follow the dispositional alternatives contained in ORS 161.325 to ORS 161.351. Olmstead, 310 Or at 463 ; OAR 213-009-0002.”
State v. Lyons, 924 P.2d 802 (Or. 1996).
“076 (blood sample of certain convicted defendants required); ORS 161.325 (blood testing on judgment of guilty except for insanity); ORS 181.”
State v. Foss-Vigil, 467 P.3d 38 (Or. Ct. App. 2020).
“ORS 161.325(1). Several kinds of dis- position are possible.”
Martin v. Psychiatric Sec. Review Bd., 818 P.2d 1264 (Or. 1991).
“319 and the dispositional determination under ORS 161.325, if the court finds that the person would have been guilty of a felony, * * * and if the court finds by a preponderance of the evidence that the person is affected by mental disease or defect and presents a substantial…”
State v. Nix, 283 P.3d 442 (Or. Ct. App. 2012).
“090 (district attorney notification of court dates to victim); ORS 161.325 (findings on whether victim wishes notification); ORS 161.”
— Or. Rev. Stat. § 161.325(1) — 6 cases
State v. Brooks, 67 P.3d 426 (Or. Ct. App. 2003).
“319; ORS 161.325. After entry of a judgment of guilty except for insanity, the court must determine whether the person must be immediately discharged from custody pursuant to ORS 161.”
State v. Foss-Vigil, 467 P.3d 38 (Or. Ct. App. 2020).
“ORS 161.325(1). Several kinds of dis- position are possible.”
— Or. Rev. Stat. § 161.325(2) — 2 cases
State v. Olmstead, 800 P.2d 277 (Or. 1990).
“ORS 161.325 to 161.351. The legislative history of ORS 161.”
State v. Brooks, 67 P.3d 426 (Or. Ct. App. 2003).
“319; ORS 161.325. After entry of a judgment of guilty except for insanity, the court must determine whether the person must be immediately discharged from custody pursuant to ORS 161.”
— Or. Rev. Stat. § 161.325(2)(a) — 3 cases
State v. Counts, 816 P.2d 1157 (Or. 1991).
“The court then found that defendant had proved the defense of mental disease or defect and entered a judgment that defendant was guilty except for insanity of intentional murder.”
State v. Gile, 985 P.2d 199 (Or. Ct. App. 1999).
“Instead, the court must follow the dispositional alternatives contained in ORS 161.325 to ORS 161.351. Olmstead, 310 Or at 463 ; OAR 213-009-0002.”
— Or. Rev. Stat. § 161.325(4) — 2 cases
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