justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 161 — General Provisions

ORS 161.355. Definitions. As used in ORS 161.355 to 161.371: (1) Certified evaluator has the meaning given that term in ORS 161.309. (2) Community restoration services means services and treatment necessary to safely allow a defendant to gain or regain fitness to proceed in the community, which may include supervision by pretrial services. (3) Hospital level of care means that a defendant requires the type of care provided by an inpatient hospital in order to gain or regain fitness to proceed. (4) Public safety concerns means that the defendant presents a risk to self or to the public if not hospitalized or in custody.
ORS Chapter 161 — General Provisions

ORS 161.362. Requirements for recommendations, determinations and orders; confidentiality; electronic appearance. (1) A recommendation provided by a certified evaluator, pursuant to ORS 161.355 to 161.371, that a defendant requires a hospital level of care due to the acuity of the defendants symptoms must be based upon the defendants current diagnosis and symptomology, the defendants current ability to engage in treatment, present safety concerns relating to the defendant and any other pertinent information known to the evaluator. If the defendant is in a placement in a facility, the evaluator may defer to the treatment providers recommendation regarding whether a hospital level of care is needed. (2) A determination by a community mental health program director, or the directors designee, pursuant to ORS 161.355 to 161.371, that appropriate community restoration services are not present and available in the community must include information concerning the specific services necessary to safely allow the defendant to gain or regain fitness to proceed in the community and must specify the necessary services that are not present and available in the community. (3)(a) Reports resulting from examinations performed by a certified evaluator, and documents containing the recommendations of or resulting from consultations with a community mental health program director or the directors designee, prepared under ORS 161.355 to 161.371, and any document submitted to the court by a state mental hospital related to the proceedings under ORS 161.355 to 161.371, are confidential and may be made available only: (A) To the court, prosecuting attorney, defense attorney, agent of the prosecuting or defense attorney, defendant, community mental health program director or designee, state mental hospital and any facility in which the defendant is housed; or (B) As ordered by a court. (b) Any facility in which a defendant is housed may not use a report or document described in paragraph (a) of this subsection to support a disciplinary action against the defendant. (c) Nothing in this subsection prohibits the prosecuting attorney, defense attorney or agent of the prosecuting or defense attorney from discussing the contents of a report or document described in paragraph (a) of this subsection with witnesses or victims as otherwise permitted by law. (4) The court shall ensure that an order entered under ORS 161.355 to 161.371 is provided, by the end of the next judicial day, to any entity ordered to provide restoration services. (5) Unless the court orders otherwise or either party objects, a defendant committed to a state mental hospital or other facility, or a certified evaluator or other expert witness, may attend hearings held under ORS 161.355 to 161.371 via simultaneous electronic transmission.
ORS Chapter 161 — General Provisions

ORS 161.365. (5) A report resulting from an examination under this section may be filed with the court electronically. (6)(a) Reports resulting from examinations conducted under this section are confidential and may be made available only: (A) To the court, prosecuting attorney, defense attorney, agent of the prosecuting or defense attorney, defendant, community mental health program director or designee and any facility in which the defendant is housed; or (B) As ordered by a court. (b) Any facility in which a defendant is housed may not use a report prepared under this section to support a disciplinary action against the defendant. (c) Nothing in this subsection prohibits the prosecuting attorney, defense attorney or agent of the prosecuting or defense attorney from discussing the contents of a report prepared under this section with witnesses or victims as otherwise permitted by law.
ORS Chapter 161 — General Provisions

ORS 161.373. Records for fitness to proceed examination; compliance with court order. (1) Unless otherwise prohibited by law or for good cause, all public bodies, as defined in ORS 174.109, and any private medical provider in possession of records concerning the defendant, shall, within five business days of receipt of the order, comply with a court order for the release of records to the state mental hospital or other facility designated by the Oregon Health Authority for the purpose of conducting an examination or evaluation under ORS 161.355 to 161.371. (2) Notwithstanding subsection (1) of this section, the Oregon Youth Authority, the Department of Corrections, a community college district, a community college service district, a public university, a school district or an education service district may, after notifying the state hospital or other facility designated by the Oregon Health Authority, comply with the court order within 15 business days of receipt of the order without good cause. (3) As used in this section, in the case of a community college district, a community college service district, a public university, a school district or an education service district, business day does not include any day on which the central administration offices of the district or university are closed.
ORS Chapter 161 — General Provisions

ORS 161.375. Escape of person placed at hospital or facility; authority to order arrest. (1) When a patient, who has been placed at a state hospital for evaluation, care, custody and treatment under ORS 161.315 to 161.351 or by court order under ORS 161.315,
ORS Chapter 161 — General Provisions

ORS 161.387. Board to implement policies; rulemaking. (1) The Psychiatric Security Review Board, by rule pursuant to ORS 183.325 to 183.410 and not inconsistent with law, may implement its policies and set out its procedure and practice requirements and may promulgate such interpretive rules as the board deems necessary or appropriate to carry out its statutory responsibilities. (2) Administrative meetings of the board are not deliberations for the purposes of ORS 192.690. [1981 c.711 10,11; 2011 c.708 11b] Note:
ORS Chapter 161 — General Provisions

ORS 161.390. Rules for assignment of persons to state mental hospitals or secure intensive community inpatient facilities; release plan prepared by Oregon Health Authority. (1) The Oregon Health Authority shall adopt rules for the assignment of persons to state mental hospitals or secure intensive community inpatient facilities after commitment under ORS 161.365 and 161.370 and for establishing standards for evaluation and treatment of persons committed to a state hospital or a secure intensive community inpatient facility or ordered to a community mental health program under ORS 161.315 to 161.351. (2) When the Psychiatric Security Review Board requires the preparation of a predischarge or preconditional release plan before a hearing or as a condition of granting discharge or conditional release for a person committed under ORS
ORS Chapter 161 — General Provisions

ORS 161.392. Certification of psychiatrists and licensed psychologists; rules; fees. (1) The Oregon Health Authority shall adopt rules necessary to certify psychiatrists and licensed psychologists for the purpose of performing evaluations and examinations described in ORS 161.309, 161.355 to 161.371 and 419C.524. The rules must include a description of the standards and qualifications necessary for certification. The authority may charge a fee for certification under this section in an amount determined by rule. (2) The authority shall consult with the Psychiatric Security Review Board about proposed rules described in subsection (1) of this section before issuing the proposed rules for public comment and before adopting the rules. [2011 c.724 9; 2021 c.395 11] Note:
ORS Chapter 161 — General Provisions

ORS 161.395. Subpoena power. (1) Upon request of any party to a hearing before the Psychiatric Security Review Board under ORS 161.315 to 161.351, the board shall issue, or on its own motion may issue, subpoenas requiring the attendance and testimony of witnesses. (2) Upon request of any party to the hearing before the board and upon a proper showing of the general relevance and reasonable scope of the documentary or physical evidence sought, the board shall issue, or on its own motion may issue, subpoenas duces tecum. (3) Witnesses appearing under subpoenas, other than the parties or state officers or employees, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (2). If the board certifies that the testimony of a witness was relevant and material, any person who has paid fees and mileage to that witness shall be reimbursed by the board. (4) If any person fails to comply with a subpoena issued under subsections (1) or (2) of this section or any party or witness refuses to testify regarding any matter on which the party or witness may be lawfully interrogated, the judge of the circuit court of any county, on the application of the board or of the party requesting the issuance of the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued by the court. (5) If any person, agency or facility fails to comply with an order of the board issued pursuant to subsection (2) of this section, the judge of a circuit court of any county, on application of the board, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of an order issued by the court. Contempt for disobedience of an order of the board shall be punishable by a fine of $100.
ORS Chapter 161 — General Provisions

ORS 161.397. Psychiatric Security Review Board Account. The Psychiatric Security Review Board Account is established separate and distinct from the General Fund. All moneys received by the Psychiatric Security Review Board, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the board to carry out the duties, functions and powers of the board.
ORS Chapter 161 — General Provisions

ORS 161.398. Restorative justice program; rules. (1)(a) The Psychiatric Security Review Board may develop a restorative justice program to assist the recovery of crime victims when a person is found guilty except for insanity of a crime or responsible except for insanity for an act. (b) The board may enter into a contract with a nonprofit educational institution or other nonprofit organization that provides for the administration of the restorative justice program by the institution or organization. (2) Any documents or oral communications created, submitted or provided for use in the restorative justice program are confidential, exempt from public disclosure and: (a) May not be disclosed to or used by board members. (b) May not be used or disclosed by restorative justice program staff, volunteers or participants for any purpose unrelated to the program. (c) Are not admissible as evidence in any subsequent administrative or judicial proceeding, including board proceedings and deliberations. (3) The board may adopt rules to carry out the provisions of this section.
ORS Chapter 161 — General Provisions

ORS 161.400. Leave of absence; notice to board. If, at any time after the commitment of a person to a state hospital or a secure intensive community inpatient facility under ORS 161.315 to 161.351, the superintendent of the hospital or the director of the facility is of the opinion that a leave of absence from the hospital or facility would be therapeutic for the person and that such leave would pose no substantial danger to others, the superintendent or director may authorize such leave for up to 48 hours in accordance with rules adopted by the Psychiatric Security Review Board. However, the superintendent or director, before authorizing the leave of absence, shall first notify the board for the purposes of ORS 161.326.
ORS Chapter 161 — General Provisions

ORS 161.403. [1983 c.800 14; repealed by 1993 c.77 1] INCHOATE CRIMES
ORS Chapter 161 — General Provisions

ORS 161.405. Attempt described. (1) A person is guilty of an attempt to commit a crime when the person intentionally engages in conduct which constitutes a substantial step toward commission of the crime. (2) An attempt is a: (a) Class A felony if the offense attempted is any degree of murder, aggravated murder or treason. (b) Class B felony if the offense attempted is a Class A felony. (c) Class C felony if the offense attempted is a Class B felony. (d) Class A misdemeanor if the offense attempted is a Class C felony or an unclassified felony. (e) Class B misdemeanor if the offense attempted is a Class A misdemeanor. (f) Class C misdemeanor if the offense attempted is a Class B misdemeanor. (g) Violation if the offense attempted is a Class C misdemeanor or an unclassified misdemeanor.
ORS Chapter 161 — General Provisions

ORS 161.425. Impossibility not a defense. In a prosecution for an attempt, it is no defense that it was impossible to commit the crime which was the object of the attempt where the conduct engaged in by the actor would be a crime if the circumstances were as the actor believed them to be.
ORS Chapter 161 — General Provisions

ORS 161.430. Renunciation as a defense to attempt. (1) A person is not liable under ORS
ORS Chapter 161 — General Provisions

ORS 161.435. Solicitation. (1) A person commits the crime of solicitation if with the intent of causing another to engage in specific conduct constituting a crime punishable as a felony or as a Class A misdemeanor or an attempt to commit such felony or Class A misdemeanor the person commands or solicits such other person to engage in that conduct. (2) Solicitation is a: (a) Class A felony if the offense solicited is murder or treason. (b) Class B felony if the offense solicited is a Class A felony. (c) Class C felony if the offense solicited is a Class B felony. (d) Class A misdemeanor if the offense solicited is a Class C felony. (e) Class B misdemeanor if the offense solicited is a Class A misdemeanor.
ORS Chapter 161 — General Provisions

ORS 161.440. Renunciation as defense to solicitation. (1) It is a defense to the crime of solicitation that the person soliciting the crime, after soliciting another person to commit a crime, persuaded the person solicited not to commit the crime or otherwise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of the criminal intent. (2) The defense of renunciation is an affirmative defense.
ORS Chapter 161 — General Provisions

ORS 161.450. Criminal conspiracy described. (1) A person is guilty of criminal conspiracy if with the intent that conduct constituting a crime punishable as a felony or a Class A misdemeanor be performed, the person agrees with one or more persons to engage in or cause the performance of such conduct. (2) Criminal conspiracy is a: (a) Class A felony if an object of the conspiracy is commission of murder, treason or a Class A felony. (b) Class B felony if an object of the conspiracy is commission of a Class B felony. (c) Class C felony if an object of the conspiracy is commission of a Class C felony. (d) Class A misdemeanor if an object of the conspiracy is commission of a Class A misdemeanor.
ORS Chapter 161 — General Provisions

ORS 161.455. Conspiratorial relationship. If a person is guilty of conspiracy, as defined in ORS 161.450, and knows that a person with whom the person conspires to commit a crime has conspired or will conspire with another person or persons to commit the same crime, the person is guilty of conspiring with such other person or persons, whether or not the person knows their identity, to commit such crime.
ORS Chapter 161 — General Provisions

ORS 161.460. Renunciation as defense to conspiracy. (1) It is a defense to a charge of conspiracy that the actor, after conspiring to commit a crime, thwarted commission of the crime which was the object of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of the criminal purpose of the actor. Renunciation by one conspirator does not, however, affect the liability of another conspirator who does not join in the renunciation of the conspiratorial objective. (2) The defense of renunciation is an affirmative defense.
ORS Chapter 161 — General Provisions

ORS 161.465. Duration of conspiracy. For the purpose of application of ORS 131.125: (1) Conspiracy is a continuing course of conduct which terminates when the crime or crimes which are its object are completed or the agreement that they be committed is abandoned by the defendant and by those with whom the defendant conspired. (2) Abandonment is presumed if neither the defendant nor anyone with whom the defendant conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation. (3) If an individual abandons the agreement, the conspiracy is terminated as to the individual only if and when the individual advises those with whom the individual conspired of the abandonment or the individual informs the law enforcement authorities of the existence of the conspiracy and of the participation of the individual therein.
ORS Chapter 161 — General Provisions

ORS 161.475. Defenses to solicitation and conspiracy. (1) Except as provided in subsection (2) of this section, it is immaterial to the liability of a person who solicits or conspires with another to commit a crime that: (a) The person or the person whom the person solicits or with whom the person conspires does not occupy a particular position or have a particular characteristic which is an element of such crime, if the person believes that one of them does; or (b) The person whom the person solicits or with whom the person conspires is irresponsible or has an immunity to prosecution or conviction for the commission of the crime, or, in the case of conspiracy, has feigned the agreement; or (c) The person with whom the person conspires has not been prosecuted for or convicted of the conspiracy or a crime based upon the conduct in question, or has previously been acquitted. (2) It is a defense to a charge of solicitation or conspiracy to commit a crime that if the criminal object were achieved, the actor would not be guilty of a crime under the law defining the offense or as an accomplice under ORS 161.150 to 161.165.
ORS Chapter 161 — General Provisions

ORS 161.485. Multiple convictions barred in inchoate crimes. (1) It is no defense to a prosecution under ORS 161.405, 161.435 or 161.450 that the offense the defendant either attempted to commit, solicited to commit or conspired to commit was actually committed pursuant to such attempt, solicitation or conspiracy. (2) A person shall not be convicted of more than one offense defined by ORS
ORS Chapter 161 — General Provisions

ORS 161.505. Offense described. An offense is conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law or ordinance of a political subdivision of this state. An offense is either a crime, as described in ORS 161.515, or a violation, as described in ORS 153.008.
ORS Chapter 161 — General Provisions

ORS 161.515. Crime described. (1) A crime is an offense for which a sentence of imprisonment is authorized. (2) A crime is either a felony or a misdemeanor.
ORS Chapter 161 — General Provisions

ORS 161.525. Felony described. Except as provided in ORS 161.585, 161.705 and 161.710, a crime is a felony if it is so designated in any statute of this state or if a person convicted under a statute of this state may be sentenced to a maximum term of imprisonment of more than one year.
ORS Chapter 161 — General Provisions

ORS 161.535. Classification of felonies. (1) Felonies are classified for the purpose of sentence into the following categories: (a) Class A felonies; (b) Class B felonies; (c) Class C felonies; and (d) Unclassified felonies. (2) The particular classification of each felony defined in the Oregon Criminal Code, except murder in any degree under ORS 163.107 or 163.115 and treason under ORS 166.005, is expressly designated in the section defining the crime. An offense defined outside this code which, because of the express sentence provided is within the definition of ORS 161.525, shall be considered an unclassified felony.
ORS Chapter 161 — General Provisions

ORS 161.545. Misdemeanor described. A crime is a misdemeanor if it is so designated in any statute of this state or if a person convicted thereof may be sentenced to a maximum term of imprisonment of not more than one year.
ORS Chapter 161 — General Provisions

ORS 161.555. Classification of misdemeanors. (1) Misdemeanors are classified for the purpose of sentence into the following categories: (a) Class A misdemeanors; (b) Class B misdemeanors; (c) Class C misdemeanors; and (d) Unclassified misdemeanors. (2) The particular classification of each misdemeanor defined in the Oregon Criminal Code is expressly designated in the section defining the crime. An offense defined outside this code which, because of the express sentence provided is within the definition of ORS 161.545, shall be considered an unclassified misdemeanor. (3) An offense defined by a statute of this state, but without specification as to its classification or as to the penalty authorized upon conviction, shall be considered a Class A misdemeanor.
ORS Chapter 161 — General Provisions

ORS 161.566. Misdemeanor treated as violation; prosecuting attorneys election. (1) Except as provided in subsection (4) of this section, a prosecuting attorney may elect to treat any misdemeanor as a Class A violation. The election must be made by the prosecuting attorney orally at the time of the first appearance of the defendant or in writing filed on or before the time scheduled for the first appearance of the defendant. If no election is made within the time allowed, the case shall proceed as a misdemeanor. (2) If a prosecuting attorney elects to treat a misdemeanor as a Class A violation under this section, the court shall amend the accusatory instrument to reflect the charged offense as a Class A violation and clearly denominate the offense as a Class A violation in any judgment entered in the matter. Notwithstanding ORS 153.021, the fine that a court may impose upon conviction of a violation under this section may not: (a) Be less than the presumptive fine established by ORS 153.019 for a Class A violation; or (b) Exceed the maximum fine established by ORS 153.018 for a Class A violation. (3) If a prosecuting attorney elects to treat a misdemeanor as a Class A violation under this section, and the defendant fails to make any required appearance in the matter, the court may enter a default judgment against the defendant in the manner provided by ORS 153.102. Notwithstanding ORS 153.021, the fine that the court may impose under a default judgment entered pursuant to ORS 153.102 may not: (a) Be less than the presumptive fine established by ORS 153.019 for a Class A violation; or (b) Exceed the maximum fine established by ORS 153.018 for a Class A violation. (4) A prosecuting attorney may not elect to treat misdemeanors created under ORS 811.540 or 813.010 as violations under the provisions of this section. (5) The election provided for in this section may be made by a city attorney acting as prosecuting attorney in the case of municipal ordinance offenses, a county counsel acting as prosecuting attorney under a county charter in the case of county ordinance offenses, and the Attorney General acting as prosecuting attorney in those criminal actions or proceedings within the jurisdiction of the Attorney General.