Hamilton v. Psychiatric Security Review Board

Court of Appeals of Oregon

Hamilton v. Psychiatric Security Review Board

776 P.2d 581, 97 Or. App. 388, 1989 Ore. App. LEXIS 763

CourtCourt of Appeals of Oregon

DecidedJune 28, 1989

Docket83-544; CA A47636

StatusPublished

This text of 776 P.2d 581 (Hamilton v. Psychiatric Security Review Board) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hamilton v. Psychiatric Security Review Board, 776 P.2d 581, 97 Or. App. 388, 1989 Ore. App. LEXIS 763 (Or. Ct. App. 1989).

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Opinion

PER CURIAM

This is a petition for review of an order of the Psychiatric Security Review Board (PSRB) denying petitioner’s request to be discharged or conditionally released and committing him to the Oregon State Hospital. Petitioner argues that he suffers primarily from pedophilia and that pedophilia is a personality disorder. He contends that, because a personality disorder does not constitute a “mental disease or defect” under ORS 161.295(2), PSRB must release him from its jurisdiction. In the alternative, he argues that the record does not contain substantial evidence to support PSRB’s finding that petitioner could not adequately be controlled on conditional release. We affirm.

Although ORS 161.295(2) excludes personality disorders as a basis for exoneration from criminal responsibility, that statute did not take effect until January 1, 1984, and it does not apply to offenses committed before that date. Baldwin v. PSRB, 97 Or App 367, 776 P2d 577 (1989). Petitioner was committed to PSRB’s jurisdiction in 1982. Therefore, even if pedophilia is a personality disorder, petitioner is not entitled to release on that basis. Moreover, there was substantial evidence in the record to support PSRB’s finding that petitioner could not be adequately controlled on conditional release.

Affirmed.

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PER CURIAM

This is a petition for review of an order of the Psychiatric Security Review Board (PSRB) denying petitioner’s request to be discharged or conditionally released and committing him to the Oregon State Hospital. Petitioner argues that he suffers primarily from pedophilia and that pedophilia is a personality disorder. He contends that, because a personality disorder does not constitute a “mental disease or defect” under ORS 161.295(2), PSRB must release him from its jurisdiction. In the alternative, he argues that the record does not contain substantial evidence to support PSRB’s finding that petitioner could not adequately be controlled on conditional release. We affirm.

Although ORS 161.295(2) excludes personality disorders as a basis for exoneration from criminal responsibility, that statute did not take effect until January 1, 1984, and it does not apply to offenses committed before that date. Baldwin v. PSRB, 97 Or App 367, 776 P2d 577 (1989). Petitioner was committed to PSRB’s jurisdiction in 1982. Therefore, even if pedophilia is a personality disorder, petitioner is not entitled to release on that basis. Moreover, there was substantial evidence in the record to support PSRB’s finding that petitioner could not be adequately controlled on conditional release.

Affirmed.

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Bluebook (online)

776 P.2d 581, 97 Or. App. 388, 1989 Ore. App. LEXIS 763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-psychiatric-security-review-board-orctapp-1989.

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