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Oregon Revised Statutes

Or. Rev. Stat. § 161.329 (2026)

Order of discharge

✓ current as of May 2026
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      161.329 Order of discharge. 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]

 

      161.330 [Repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 10 cases, 1976–2003 · leading case: State v. Brooks, 67 P.3d 426 (Or. Ct. App. 2003).
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State v. Brooks, 67 P.3d 426 (Or. Ct. App. 2003). · cites it 3× “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 161.329 2 or *392 committed to PSRB’s jurisdiction pursuant to ORS 161.”
Adams v. Psychiatric Sec. Review Bd., 621 P.2d 572 (Or. 1980). · cites it 2× “325 provided: *278 "After entry of judgment of not responsible due to mental disease or defect, the court shall, on the basis of the evidence given at the trial or at a separate hearing, if requested by either party, make an order as provided in ORS 161.329, 161.336 or 161.341,…”
State v. Gangi, 675 P.2d 181 (Or. Ct. App. 1984). · cites it 2× “327) or discharged (ORS 161.329), ordered the case “continued” for a period not to exceed five years or until defendant could show he was entitled to discharge.”
State v. Gile, 985 P.2d 199 (Or. Ct. App. 1999). “ORS 161.329. Each of the dispositional alternatives provided reflects a focus distinct from that of a judgment imposing a sentence.”
Strecker v. Psychiatric Sec. Review Bd., 960 P.2d 893 (Or. Ct. App. 1998). “See ORS 161.329 (1975). 2 Oregon Laws 1977, chapter 380, section 22, provided: “On the operative date of this Act, [January 1,1978] the jurisdiction of all persons conditionally released or committed to a state mental hospital * * * shall be transferred to the PSRB.”
State v. Cooper, 587 P.2d 1051 (Or. Ct. App. 1978). “325: "After entry of judgment of not responsible due to mental disease or defect, the court shall, on the basis of the evidence given at the trial or at a separate hearing, if requested by either party, make an order as *446 provided in ORS 161.329,161.336 or 161.341, whichever…”
State ex rel. Juv. Dep't v. L J, 552 P.2d 1322 (Or. Ct. App. 1976). “The possibilities include outright discharge, ORS 161.329; release on supervision, ORS 161.”
Osborn v. Psychiatric Sec. Review Bd., 898 P.2d 789 (Or. Ct. App. 1995). “ORS 161.329 authorizes the trial court to discharge the person from custody: *100 “Following the entry of a judgment pursuant to ORS 161.”
Ashley v. Psychiatric Sec. Review Bd., 632 P.2d 15 (Or. Ct. App. 1981). “325 provided: "After entry of judgment of not guilty by reason of mental disease or defect excluding responsibility, the court shall, on the basis of the evidence given at the trial or at a separate hearing, if requested by either party, make an order as provided in ORS 161.329,…”
Matter of LJ, 552 P.2d 1322 (Or. Ct. App. 1976). “The possibilities include outright discharge, ORS 161.329; release on supervision, ORS 161.”
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