OregonOregon


 

 


Competency/ Insanity 

Competency

Juvenile: If the court finds by a preponderance of the evidence that the young person, at the time of disposition, has a serious mental condition or has a mental disease or defect other than a serious mental condition and presents a substantial danger to others, requiring conditional release or commitment to a hospital or facility, the court shall order the young person placed under the jurisdiction of the Psychiatric Security Review Board. O.R.S. § 419C.529

If the court determines that the defendant lacks fitness to proceed, the criminal proceeding against the defendant shall be suspended and if the court finds that the defendant is dangerous to self or others as a result of mental disease or defect, or that the services and supervision necessary to restore the defendant’s fitness to proceed are not available in the community, the court shall commit the defendant to the custody of the superintendent of a state mental hospital or director of a facility, designated by the Oregon Health Authority, if the defendant is at least 18 years of age, or to the custody of the director of a secure intensive community inpatient facility designated by the authority if the defendant is under 18 years of ageO.R.S. § 161.370

Insanity

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Special Rules

Law enforcement training: Police must be trained to investigate bias crimes, including those motivated by disability. O.R.S § 181.642

Vulnerable Victim: A confession alone is sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed if the victim of the crime is a vulnerable person (definition includes a person with a developmental disability); there must be a hearing to determine this. O.R.S. § 136.427

Hearsay: out of court statement admissible if the victim is elderly, a child, or has a developmental disability – if conditions are met. “Developmental disability” means any disability attributable to mental retardation, autism, cerebral palsy, epilepsy or other disabling neurological condition that requires training or support similar to that required by persons with mental retardation, if either of the following apply: (a) The disability originates before 22 years of age, or if the disability is attributable to mental retardation the condition is manifested before the 18 years of age, the disability can be expected to continue indefinitely, and the disability constitutes a substantial handicap to the ability of the person to function in society and (b) The disability results in a significant subaverage general intellectual functioning with concurrent deficits in adaptive behavior that are manifested during the developmental period. O.R.S. § 40.460

Sentencing

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Death Penalty 

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Post-Conviction

If an inmate or youth offender, a relative, guardian or friend of an inmate or youth offender, or institution staff have probable cause to believe that an inmate or youth offender is a person with an intellectual disability to such a degree that the inmate or youth offender cannot adjust to or benefit from the Department of Corrections institution or youth correction facility, the superintendent of the institution shall request a diagnostic evaluation. If there is probable cause to believe that the inmate or youth offender is a person with an intellectual disability and is in need of commitment for residential care, treatment and training, the inmate or youth offender shall be entitled to a commitment hearing. If the inmate or youth offender is by clear and convincing evidence determined by the court to be a person with an intellectual disability and is in need of commitment for residential care, treatment and training, the person shall be committed to the Department of Human Services and transferred to a facility designated by the department as soon as space in an appropriate facility is available, and any sentence to a Department of Corrections institution or commitment to the youth correction facility is terminated. O.R.S. § 179.478