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

Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

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

161.328 Commitment of person found guilty except for insanity of misdemeanor. (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. [1981 c.711 §3; 1983 c.800 §7; 1987 c.903 §36; 1995 c.529 §1; 2011 c.708 §37; 2011 c.724 §4; 2017 c.634 §8; 2019 c.329 §4]

Source: Oregon Legislature — ORS 2025 Edition, Chapter 161 · ORS 161.328

Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.

Official chapter context and edition notices
TITLE 16 CRIMES AND PUNISHMENTS Chapter 161. General Provisions 162. Offenses Against the State and Public Justice 163. Offenses Against Persons 163A. Sex Offender Reporting and Classification 164. Offenses Against Property 165. Offenses Involving Fraud or Deception 166. Offenses Against Public Order; Firearms and Other Weapons; Racketeering 167. Offenses Against General Welfare and Animals 169. Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities _______________ Chapter 161 — General Provisions Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables 2025 EDITION GENERAL PROVISIONS CRIMES AND PUNISHMENTS PRINCIPLES CRIMINAL LIABILITY PARTIES TO CRIME JUSTIFICATION RESPONSIBILITY (Temporary provisions relating to maximum periods of commitment and community restoration are compiled as notes following ORS 161.371) INCHOATE CRIMES CLASSES OF OFFENSES DISPOSITION OF OFFENDERS AUTHORITY OF SENTENCING COURT PRINCIPLES
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Stable record: oregon_criminal_law:legal_authorities:161.328
Source file: ors161.html
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Source location: ORS 161.328 (all printed versions and notes)

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161.328 Commitment of person found guilty except for insanity of misdemeanor. (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. [1981 c.711 §3; 1983 c.800 §7; 1987 c.903 §36; 1995 c.529 §1; 2011 c.708 §37; 2011 c.724 §4; 2017 c.634 §8; 2019 c.329 §4]

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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 161.319 — Form of verdict on guilty except for insanity

161.319 Form of verdict on guilty except for insanity. When the defendant is found guilty except for insanity under ORS 161.295, the verdict and judgment shall so state. [1971 c.743 §43; 1977 c.380 §4; 1983 c.800 §4]

Source: Oregon Legislature — ORS 2025 Edition, Chapter 161 · ORS 161.319

Stored review status: 2025_edition_later_amendments_unresolved. Explicit ORS citation in the printed section; applicability is unreviewed.