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

ORS 161.249. Use of physical force by private person assisting an arrest. (1) Except as provided in subsection (2) of this section, a person who has been directed by a peace officer to assist the peace officer to make an arrest or to prevent an escape from custody is justified in using physical force when and to the extent that the person reasonably believes that force to be necessary to carry out the peace officers direction. (2) A person who has been directed to assist a peace officer under circumstances specified in subsection (1) of this section may use deadly physical force to make an arrest or to prevent an escape only when: (a) The person reasonably believes that force to be necessary for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of deadly physical force; or (b) The person is directed or authorized by the peace officer to use deadly physical force unless the person knows that the peace officer is not authorized to use deadly physical force under the circumstances.
ORS Chapter 161 — General Provisions

ORS 161.250. [Repealed by 1971 c.743 432]
ORS Chapter 161 — General Provisions

ORS 161.255. Use of physical force by private person making citizens arrest. (1) Except as provided in subsection (2) of this section, a private person acting on the persons own account is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to make an arrest or to prevent the escape from custody of an arrested person whom the person has arrested under ORS 133.225. (2) A private person acting under the circumstances prescribed in subsection (1) of this section is justified in using deadly physical force only when the person reasonably believes it necessary for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of deadly physical force.
ORS Chapter 161 — General Provisions

ORS 161.260. Use of physical force in resisting arrest prohibited. A person may not use physical force to resist an arrest by a peace officer who is known or reasonably appears to be a peace officer, whether the arrest is lawful or unlawful.
ORS Chapter 161 — General Provisions

ORS 161.265. Use of physical force by guard or peace officer employed in correctional facility. (1) Except as provided in ORS 161.237, a guard or other peace officer employed in a correctional facility, as that term is defined in ORS 162.135, is justified in using physical force, including deadly physical force, upon another person if the person poses an imminent threat of physical injury to the guard or peace officer or to a third person or the guard or peace officer reasonably believes it necessary to prevent the escape of a prisoner from a correctional facility. The guard or peace officer may use physical force under this subsection only to the degree that the guard or peace officer reasonably believes necessary to prevent the physical injury or escape. (2) Notwithstanding subsection (1) of this section, a guard or other peace officer employed by the Department of Corrections may not use deadly physical force in the circumstances described in ORS 161.267 (3).
ORS Chapter 161 — General Provisions

ORS 161.267. Use of physical force by corrections officer or official employed by Department of Corrections. (1) As used in this section: (a) Colocated minimum security facility means a Department of Corrections institution that has been designated by the Department of Corrections as a minimum security facility and has been located by the department on the grounds of a medium or higher security Department of Corrections institution. (b) Department of Corrections institution has the meaning given that term in ORS 421.005. (c) Stand-alone minimum security facility means a Department of Corrections institution that has been designated by the department as a minimum security facility and that has been located by the department separate and apart from other Department of Corrections institutions. (2) Subject to ORS 161.237 and 421.107, a corrections officer or other official employed by the Department of Corrections is justified in using physical force, including deadly physical force, when and to the extent that the officer or official reasonably believes it necessary to: (a) Prevent the escape of an adult in custody from a Department of Corrections institution, including the grounds of the institution, or from custody; (b) Maintain or restore order and discipline in a Department of Corrections institution, or any part of the institution, in the event of a riot, disturbance or other occurrence that threatens the safety of adults in custody, department employees or other persons; or (c) Prevent serious physical injury to or the death of the officer, official or another person. (3) Notwithstanding subsection (2)(a) of this section, a corrections officer or other official employed by the department may not use deadly physical force to prevent the escape of an adult in custody from: (a) A stand-alone minimum security facility; (b) A colocated minimum security facility, if the corrections officer or other official knows that the adult in custody has been classified by the department as minimum custody; or (c) Custody outside of a Department of Corrections institution: (A) While the adult in custody is assigned to an adult in custody work crew; or (B) During transport or other supervised activity, if the adult in custody is classified by the department as minimum custody and the adult in custody is not being transported or supervised with an adult in custody who has been classified by the department as medium or higher custody. (4) Nothing in this section limits the authority of a person to use physical force under ORS 161.205 (2) or 161.265.
ORS Chapter 161 — General Provisions

ORS 161.270. Duress. (1) The commission of acts which would otherwise constitute an offense, other than murder, is not criminal if the actor engaged in the proscribed conduct because the actor was coerced to do so by the use or threatened use of unlawful physical force upon the actor or a third person, which force or threatened force was of such nature or degree to overcome earnest resistance. (2) Duress is not a defense for one who intentionally or recklessly places oneself in a situation in which it is probable that one will be subjected to duress. (3) It is not a defense that a spouse acted on the command of the other spouse, unless the spouse acted under such coercion as would establish a defense under subsection (1) of this section.
ORS Chapter 161 — General Provisions

ORS 161.275. Entrapment. (1) The commission of acts which would otherwise constitute an offense is not criminal if the actor engaged in the proscribed conduct because the actor was induced to do so by a law enforcement official, or by a person acting in cooperation with a law enforcement official, for the purpose of obtaining evidence to be used against the actor in a criminal prosecution. (2) As used in this section, induced means that the actor did not contemplate and would not otherwise have engaged in the proscribed conduct. Merely affording the actor an opportunity to commit an offense does not constitute entrapment. [1971 c.743 35] RESPONSIBILITY
ORS Chapter 161 — General Provisions

ORS 161.290. Incapacity due to immaturity. (1) A person who is tried as an adult in a court of criminal jurisdiction is not criminally responsible for any conduct which occurred when the person was under 12 years of age. (2) Incapacity due to immaturity, as defined in subsection (1) of this section, is a defense.
ORS Chapter 161 — General Provisions

ORS 161.295. defendant fails to file a complete report before trial, the defendant may not introduce evidence for the establishment of a defense under ORS 161.295 unless: (a) The court, in its discretion, permits the evidence to be introduced when just cause for failure to file the report is shown; and (b) If the defendant is charged with a felony, the defendant is tried by a jury. (5)(a) A court may not accept a plea of guilty except for insanity to a felony unless a report described in subsection (4) of this section is filed with the court. If the report has not been filed, the court may order that a psychiatric or psychological evaluation of the defendant be conducted by a certified evaluator and a report of the evaluation be filed with the court. (b) When the court orders an evaluation of a financially eligible person under this subsection, the court shall order the executive director of the Oregon Public Defense Commission to pay a reasonable fee for the evaluation from funds available for that purpose. (c) A certified evaluator performing an evaluation of a defendant on the issue of insanity under this subsection is not obligated to evaluate the defendant for fitness to proceed unless, during the evaluation, the certified evaluator determines that the defendants fitness to proceed is drawn in question. (6) Prior to accepting a plea of guilty except for insanity to a felony, the court shall inform the defendant of the possibility that the court may order commitment or conditional discharge after entry of judgment, and of the maximum total period of commitment or conditional discharge under ORS 161.327 (7). (7) As used in this section, certified evaluator means a psychiatrist or psychologist who holds a valid certification under the provisions of ORS
ORS Chapter 161 — General Provisions

ORS 161.300. introduced where just cause for failure to file the notice is shown. (4) A defendant who is required under subsection (1) of this section to file a report of a psychiatric or psychological evaluation shall file the report before trial. The report must be based on an evaluation conducted after the date of the alleged offense and must address the issue of insanity under ORS
ORS Chapter 161 — General Provisions

ORS 161.305. Qualifying mental disorder as affirmative defense. Qualifying mental disorder constituting insanity under ORS 161.295 is an affirmative defense.
ORS Chapter 161 — General Provisions

ORS 161.309. licensed psychologist of its selection examine the defendant. The state shall file notice with the court of its intention to have the defendant examined. (2)(a) Upon filing of the notice, the court, in its discretion, may order the defendant committed to a state mental hospital or any other suitable facility, if the defendant is 18 years of age or older, for observation and examination, which may include treatment as permitted by law. (b) If the defendant is under 18 years of age, upon filing of the notice, the court, in its discretion, may order the defendant committed to a secure intensive community inpatient facility designated by the Oregon Health Authority for examination. (c) The state mental hospital or other facility may retain custody of a defendant committed under this subsection only for the duration necessary to complete the observation and examination of the defendant, not to exceed 30 days. (3) If the defendant objects to the examiner chosen by the state, the court for good cause shown may direct the state to select a different examiner. (4) An examiner performing an examination on the issue of insanity of a defendant under this section is not obligated to examine the defendant for fitness to proceed unless, during the examination, the examiner determines that the defendants fitness to proceed is drawn in question. If, during the examination, the examiner determines that the defendants fitness to proceed is in doubt, the examiner shall report the issue to the court and to the superintendent of the state mental hospital or the superintendents designee, or to the director of the facility to which the defendant is committed. The superintendent or director may: (a) Return the defendant to the facility from which the defendant was transported; or (b) Inform the court and the parties that the defendant should remain at the state mental hospital or other facility for the purpose of an examination under ORS
ORS Chapter 161 — General Provisions

ORS 161.310. [Repealed by 1971 c.743 432]
ORS Chapter 161 — General Provisions

ORS 161.313. Jury instructions; insanity. When the issue of insanity under ORS
ORS Chapter 161 — General Provisions

ORS 161.315. inpatient facility for custody, care and treatment, the authority is responsible for and shall prepare the plan. (3) In carrying out a conditional release plan prepared under subsection (2) of this section, the authority may contract with a community mental health program, other public agency or private corporation or an individual to provide supervision and treatment for the conditionally released person. (4)(a) The board shall maintain and keep current the medical, social and criminal history of all persons committed to its jurisdiction. The confidentiality of records maintained by the board shall be determined pursuant to ORS 192.338, 192.345, 192.355 and 192.398. (b) Except as otherwise provided by law, upon request of the board, a state hospital, a community mental health program and any other health care service provider shall provide the board with all medical records pertaining to a person committed to the jurisdiction of the board. (5) The evidentiary phase of a hearing conducted by the board under ORS 161.315 to
ORS Chapter 161 — General Provisions

ORS 161.319. (1) The court finds that the person is no longer affected by a qualifying mental disorder, or, if so affected, no longer presents a substantial danger to others and is not in need of care, supervision or treatment; or (2)(a) Each offense for which the person is found guilty except for insanity is a misdemeanor; and (b) The court finds that the person does not present a substantial danger to others that requires commitment.
ORS Chapter 161 — General Provisions

ORS 161.320. [Repealed by 1971 c.743 432]
ORS Chapter 161 — General Provisions

ORS 161.325. Finding of guilty except for insanity; dispositional order. (1) After the defendant is found guilty except for insanity, the court shall, on the basis of the evidence given at the trial or at a separate hearing, if requested by either party, order a disposition as provided in ORS 161.327, 161.328 or
ORS Chapter 161 — General Provisions

ORS 161.326. Notice to victim. (1) If the trial court or the Psychiatric Security Review Board determines that a victim desires notification as described in ORS 161.325 (2), the board shall make a reasonable effort to notify the victim of hearings and orders, conditional release, discharge or escape. Nothing in this subsection authorizes the board to disseminate information that is otherwise privileged by law. (2) When the board conducts a hearing involving a person found guilty except for insanity of a crime for which there is a victim, the board shall afford the victim an opportunity to be heard, either orally or in writing, at the hearing. (3)(a) If the board fails to make a reasonable effort to notify the victim of a hearing under subsection (1) of this section or fails to afford the victim an opportunity to be heard at the hearing under subsection (2) of this section, the victim may request that the board reconsider the order of the board. (b) If the board determines that the board failed to make a reasonable effort to notify the victim or failed to afford the victim an opportunity to be heard, except as provided in paragraph (c) of this subsection, the board shall grant the request for reconsideration. Upon reconsideration, the board shall consider the statement of the victim and may consider any other information that was not available to the board at the previous hearing. (c) The board may not grant a request for reconsideration that is made: (A) After the person has been discharged from the jurisdiction of the board; (B) After the board has held a subsequent hearing involving the person; or (C) If the board failed to make a reasonable effort to notify the victim of a hearing, more than 30 days after the victim knew or reasonably should have known of the hearing. [1981 c.711 9; 2010 c.89 6; 2011 c.708 6; 2017 c.442 7] Note:
ORS Chapter 161 — General Provisions

ORS 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.
ORS Chapter 161 — General Provisions

ORS 161.329. (2) If the court enters an order as provided in ORS 161.327, it shall also: (a) Determine on the record the offense of which the person otherwise would have been convicted; (b) State on the record the qualifying mental disorder on which the defendant relied for the guilty except for insanity defense; (c) State on the record the maximum total period of commitment or conditional discharge under ORS 161.327 (7); and (d) Make specific findings on whether there is a victim of the crime for which the defendant has been found guilty except for insanity and, if so, whether the victim wishes to be notified, under ORS 161.326, of any hearings and orders concerning the defendant and of any conditional release, discharge or escape of the defendant. (3) The court shall include in its order the information described in subsection (2) of this section. (4) Except under circumstances described in ORS 137.076 (4), whenever a defendant charged with any offense listed in ORS 137.076 (1) has been found guilty of that offense except for insanity, the court shall, in any order entered under ORS 161.327, 161.328 or 161.329, direct the defendant to submit to the obtaining of a blood or buccal sample in the manner provided in ORS 137.076.
ORS Chapter 161 — General Provisions

ORS 161.330. [Repealed by 1971 c.743 432]
ORS Chapter 161 — General Provisions

ORS 161.332. Conditional release defined. As used in ORS 161.315 to 161.351 and
ORS Chapter 161 — General Provisions

ORS 161.348. Judicial review. (1) When a person over whom the Psychiatric Security Review Board exercises jurisdiction under ORS 161.315 to 161.351 or 419C.544 is adversely affected or aggrieved by a final order of the board, the person is entitled to judicial review of the final order. The person is entitled on judicial review to suitable counsel possessing skills and experience commensurate with the nature and complexity of the case. If the person is financially eligible, suitable counsel shall be appointed by the reviewing court in the manner provided in ORS 138.500 (1). If the person is financially eligible, the executive director of the Oregon Public Defense Commission shall determine and pay, as provided in ORS 138.500, the cost of briefs, any other expenses of the person necessary to the review and compensation for counsel appointed for the person. The costs, expenses and compensation so allowed shall be paid as provided in ORS 138.500. (2) The order and the proceedings underlying the order are subject to review by the Court of Appeals upon petition to that court filed within 60 days of the order for which review is sought. The board shall submit to the court the record of the proceeding or, if the person agrees, a shortened record. The record may include a certified true copy of a tape recording of the proceedings at a hearing in accordance with ORS 161.346. A copy of the record transmitted shall be delivered to the person by the board. (3) The court may affirm, reverse or remand the order on the same basis as provided in ORS 183.482 (8). (4) The filing of the petition does not stay the order of the board, but the board or the Court of Appeals may order a stay upon application on such terms as are deemed proper.
ORS Chapter 161 — General Provisions

ORS 161.349. Person committed under ORS 161.315 to 161.351 sentenced to term of incarceration. (1) When a person who is committed to a state hospital or a secure intensive community inpatient facility under ORS 161.315 to 161.351 is convicted of a crime and sentenced to a term of incarceration and when the person is sentenced to a term of incarceration as a sanction for violating the conditions of probation, parole or post-prison supervision, the sentencing court shall stay execution of the sentence pending the conditional release or discharge of the person or the expiration of the period of time described in ORS 161.327 (7). When the person is conditionally released or discharged by the Psychiatric Security Review Board under ORS 161.315 to 161.351, or when the maximum period of jurisdiction described in ORS 161.327 (7) expires, the stay shall be lifted by operation of law and the person shall be delivered to the custody of the Department of Corrections or the supervisory authority to begin service of the sentence imposed. (2) When a person described in subsection (1) of this section is delivered to the custody of the department or the supervisory authority as described in this section, the board shall notify the department or the supervisory authority when the period of time described in ORS 161.327 (7) will expire. (3) The department or supervisory authority shall notify the board when the person has served the term of incarceration imposed by the court and the board shall resume exercising active jurisdiction over the person in accordance with ORS
ORS Chapter 161 — General Provisions

ORS 161.351. for which the person was found guilty except for insanity. (8) An order of the court under this section is a final order appealable by the person found guilty except for insanity in accordance with ORS 19.205 (5). Notwithstanding ORS 19.255, notice of an appeal under this section shall be served and filed within 90 days after the order appealed from is entered in the register. The person shall be entitled on appeal to suitable counsel possessing skills and experience commensurate with the nature and complexity of the case. If the person is financially eligible, suitable counsel shall be appointed in the manner provided in ORS 138.500 (1), and the compensation for counsel and costs and expenses of the person necessary to the appeal shall be determined and paid as provided in ORS 138.500. (9) Following the order described in subsection (1) of this section, the court shall notify the person of the right to appeal and the right to a hearing before the board in accordance with ORS 161.336 (5) and 161.341 (3). (10) The board shall hold a review hearing within 90 days for a person conditionally released under this section. (11) The board shall establish by rule standards for the consultations described in subsection (2)(b) of this section and the evaluations described in subsection (3)(a) of this section.