Oregon § 161.328 Commitment of person found guilty except for insanity of misdemeanor

Oregon Statutes

§ 161.328 — Commitment of person found guilty except for insanity of misdemeanor

Oregon § 161.328

Vol.4

Title 16Crimes and Punishments

Ch. 161General Provisions

This text of Oregon § 161.328 (Commitment of person found guilty except for insanity of misdemeanor) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 161.328 (2026).

Text

(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

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(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.