Oregon Statutes 419C.411 – Disposition order; factors to be considered; finding of responsible except for insanity
(1) At the termination of the hearing or hearings in the proceeding or after entry of an order under ORS § 419C.067, the court shall enter an appropriate order directing the disposition to be made of the case.
Terms Used In Oregon Statutes 419C.411
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) The court shall find a youth responsible except for insanity if:
(a) The youth asserted qualifying mental disorder as a defense as provided in ORS § 419C.524; and
(b) The court determined by a preponderance of the evidence that, as a result of a qualifying mental disorder at the time the youth committed the act alleged in the petition, the youth lacked substantial capacity either to appreciate the nature and quality of the act or to conform the youth’s conduct to the requirements of law.
(3) Except as otherwise provided in subsections (6) and (7) of this section, in determining the disposition of the case, the court shall consider each of the following:
(a) The gravity of the loss, damage or injury caused or attempted during, or as part of, the conduct that is the basis for jurisdiction under ORS § 419C.005;
(b) Whether the manner in which the adjudicated youth engaged in the conduct was aggressive, violent, premeditated or willful;
(c) Whether the adjudicated youth was held in detention under ORS § 419C.145 and, if so, the reasons for the detention;
(d) The immediate and future protection required by the victim, the victim’s family and the community; and
(e) The adjudicated youth’s juvenile court record and response to the requirements and conditions imposed by previous juvenile court orders.
(4) In addition to the factors listed in subsection (3) of this section, the court may consider the following:
(a) Whether the adjudicated youth has made any efforts toward reform or rehabilitation or making restitution;
(b) The adjudicated youth’s educational status and school attendance record;
(c) The adjudicated youth’s past and present employment;
(d) The disposition proposed by the adjudicated youth;
(e) The recommendations of the district attorney and the juvenile court counselor and the statements of the victim and the victim’s family;
(f) The adjudicated youth’s mental, emotional and physical health and the results of the mental health or substance abuse treatment; and
(g) Any other relevant factors or circumstances raised by the parties.
(5) The court’s consideration of matters under this section may be addressed on appeal only if raised by a party at a dispositional hearing or by a motion to modify or set aside under ORS § 419C.610.
(6) When a youth is found responsible except for insanity, the court shall order a disposition under ORS § 419C.529 if the court finds by a preponderance of the evidence that, at the time of disposition, the youth:
(a) Has a serious mental condition; or
(b) Has a qualifying mental disorder other than a serious mental condition and presents a substantial danger to others.
(7) When a youth is found responsible except for insanity and the court does not make a finding described in subsection (6) of this section, the court may:
(a) Enter an order finding the youth to be within the court’s jurisdiction under ORS § 419B.100 and make any disposition authorized by ORS Chapter 419B;
(b) Initiate civil commitment proceedings; or
(c) Enter an order of discharge. [1993 c.33 § 226; 1995 c.422 § 80; 2003 c.396 § 105; 2005 c.843 § 10; 2017 c.634 § 21; 2021 c.489 § 67]