Oregon Statutes 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.
Terms Used In Oregon Statutes 161.325
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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]