§ 15.7 Disposition Options for the Court

LibraryCriminal Law in Oregon (OSBar) (2022 Ed.)

§ 15.7 DISPOSITION OPTIONS FOR THE COURT

With few exceptions, between 1978 and 2010, individuals found GEI, and not discharged by the trial court, were placed under the jurisdiction of the PSRB. This changed in 2011 when a two-tier system was created, maintaining PSRB jurisdiction in certain cases, while giving the Oregon Health Authority (OHA) jurisdiction over the remainder. See Or Laws 2017, ch 442. As of July 1, 2018, those designations were abandoned, with jurisdiction in all cases being returned to the PSRB. See Or Laws 2017, ch 442, § 36. At present, there are two state hospitals able to house persons under the PSRB's jurisdiction, one located in Salem, and the other in Junction City. The determination of which facility is appropriate is left to the discretion of the Oregon Health Authority.

PRACTICE TIP

The defense lawyer must make the decision to raise the insanity defense with an eye toward dispositional consequences for the client. Establishing the defense may be easy compared to working out a disposition that will both aid the client's mental condition and satisfy the primary requirement of protecting society. The defense lawyer may need to spend considerable effort locating treatment in the community, if possible, to obtain a conditional release if the defendant is placed under the jurisdiction of the PSRB.

In some cases, the client's decision regarding whether to raise the defense may be influenced by the dearth of community-based resources. In some situations, a successful defense will result in much more deprivation of liberty (sometimes without effective treatment) than a conviction and prison sentence. In those situations in which a client is found GEI of one offense, and "guilty" of another with a period of incarceration, a far greater period of liberty deprivation is possible than if the court had been made the identical finding in both. See § 15.6-5(f) (disposition after a GEI verdict); see also ORS 161.349(1). Because a GEI finding often results in the client's being placed under the PSRB's jurisdiction equal to the maximum sentence allowed by statute, those considering use of the defense should consider the possibility that they may spend a substantially longer period under the PSRB's oversight than in a correctional setting with a defined release date. To advise the client adequately, the defense lawyer must be familiar with all the dispositional consequences of the defense.

§ 15.7-1 Felonies

After entry of a judgment of GEI of a felony...

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