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Oregon Revised Statutes

Or. Rev. Stat. § 161.328 (2026)

Commitment of person found guilty except for insanity of misdemeanor

✓ current as of May 2026
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      161.328 Commitment of person found guilty except for insanity of misdemeanor. (1) After the defendant is found guilty except for insanity pursuant to ORS 161.319, the court shall order a person committed to a state mental hospital or other facility designated by the Oregon Health Authority if:

      (a) Each offense for which the person is found guilty except for insanity is a misdemeanor; and

      (b) The court finds that the person is affected by a qualifying mental disorder and presents a substantial danger to others that requires commitment.

      (2) The total period of commitment under this section may not exceed the maximum sentence provided by statute for the crime for which the person was found guilty except for insanity.

      (3) If the superintendent of the state mental hospital or the director of the facility to which the person is committed determines that a person committed under this section is no longer affected by a qualifying mental disorder or, if so affected, no longer presents a substantial danger to others that requires commitment, the superintendent or director shall file notice of that determination with the committing court. Upon filing of the notice, the superintendent or director shall discharge the person from custody. [1981 c.711 §3; 1983 c.800 §7; 1987 c.903 §36; 1995 c.529 §1; 2011 c.708 §37; 2011 c.724 §4; 2017 c.634 §8; 2019 c.329 §4]

Notes of Decisions
Cited in 2 cases, 1984–1995 · leading case: State v. Norman, 692 P.2d 665 (Or. Ct. App. 1984).
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State v. Norman, 692 P.2d 665 (Or. Ct. App. 1984). “With respect to such offenses, former ORS 161.328(3) provided that any commitment to the Mental Health Division “shall be no longer than the maximum sentence the person the court finds the person could have received had the person been found responsible.”
Osborn v. Psychiatric Sec. Review Bd., 898 P.2d 789 (Or. Ct. App. 1995). “ORS 161.328(3). Under ORS 161.341, PSRB makes an initial finding about whether the person is eligible for discharge.”
— Or. Rev. Stat. § 161.328(3) — 2 cases
State v. Norman, 692 P.2d 665 (Or. Ct. App. 1984). “With respect to such offenses, former ORS 161.328(3) provided that any commitment to the Mental Health Division “shall be no longer than the maximum sentence the person the court finds the person could have received had the person been found responsible.”
Osborn v. Psychiatric Sec. Review Bd., 898 P.2d 789 (Or. Ct. App. 1995). “ORS 161.328(3). Under ORS 161.341, PSRB makes an initial finding about whether the person is eligible for discharge.”
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