2021 Oregon Revised Statutes
Chapter 161 - General Provisions
Section 161.385 - Psychiatric Security Review Board; composition, term, qualifications, compensation, appointment, confirmation and meetings.


(2) The membership of the board may not include any district attorney, deputy district attorney or public defender. The Governor shall appoint:
(a) A psychiatrist experienced in the criminal justice system and not otherwise employed on a full-time basis by the Oregon Health Authority or a community mental health program;
(b) A licensed psychologist experienced in the criminal justice system and not otherwise employed on a full-time basis by the authority or a community mental health program;
(c) A member with substantial experience in the processes of parole and probation;
(d) A lawyer with substantial experience in criminal trial practice;
(e) A psychiatrist certified, or eligible to be certified, by the Oregon Medical Board in child psychiatry who is experienced in the juvenile justice system and not employed on a full-time basis by the authority or a community mental health program;
(f) A licensed psychologist who is experienced in child psychology and the juvenile justice system and not employed on a full-time basis by the authority or a community mental health program;
(g) A member with substantial experience in the processes of juvenile parole and probation;
(h) A lawyer with substantial experience in juvenile law practice; and
(i) Two members of the general public.
(3) The term of office of each member is four years. The Governor at any time may remove any member for inefficiency, neglect of duty or malfeasance in office. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
(4) A member of the board not otherwise employed full-time by the state shall be paid on a per diem basis an amount equal to $289.22, adjusted according to the executive pay plan for the biennium, for each day during which the member is engaged in the performance of official duties, including necessary travel time. In addition, subject to ORS 292.220 to 292.250 regulating travel and other expenses of state officers and employees, the member shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties.
(5) Subject to any applicable provision of the State Personnel Relations Law, the board may hire employees to aid it in performing its duties.
(6) The board consists of two five-member panels. The adult panel is responsible for persons placed under the board’s jurisdiction under ORS 161.315 to 161.351 and 419C.544 and consists of those members appointed under subsection (2)(a) to (d) of this section and one of the public members. The juvenile panel is responsible for young persons placed under the board’s jurisdiction under ORS 419C.529 and consists of those members appointed under subsection (2)(e) to (h) of this section and the other public member.
(7)(a) Each panel shall select one of its members as chairperson to serve for a one-year term with such duties and powers as the panel determines.
(b) A majority of the voting members of a panel constitutes a quorum for the transaction of business of the panel.
(8) Each panel shall meet at least twice every month, unless the chairperson determines that there is not sufficient business before the panel to warrant a meeting at the scheduled time. The panel shall also meet at other times and places specified by the call of the chairperson or of a majority of the members of the panel. [1977 c.380 §8; 1979 c.867 §7; 1979 c.885 §6; 1981 c.711 §15; 1981 s.s. c.3 §132; 1983 c.740 §26; 1983 c.800 §12; 1987 c.133 §1; 2001 c.962 §70; 2005 c.843 §20; 2009 c.595 §109; 2011 c.708 §8]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 04 - Criminal Procedure, Crimes

Chapter 161 - General Provisions

Section 161.015 - General definitions.

Section 161.025 - Purposes; principles of construction.

Section 161.035 - Application of Criminal Code.

Section 161.045 - Limits on application.

Section 161.055 - Burden of proof as to defenses.

Section 161.067 - Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations.

Section 161.085 - Definitions with respect to culpability.

Section 161.095 - Requirements for criminal liability.

Section 161.105 - Culpability requirement inapplicable to certain violations and offenses.

Section 161.115 - Construction of statutes with respect to culpability.

Section 161.125 - Drug or controlled substance use or dependence or intoxication as defense.

Section 161.155 - Criminal liability for conduct of another.

Section 161.160 - Exclusion of defenses to criminal liability for conduct of another.

Section 161.165 - Exemptions to criminal liability for conduct of another.

Section 161.170 - Criminal liability of corporations.

Section 161.195 - "Justification" described.

Section 161.200 - Choice of evils.

Section 161.205 - Use of physical force generally.

Section 161.215 - Limitations on use of physical force in defense of a person.

Section 161.219 - Limitations on use of deadly physical force in defense of a person.

Section 161.225 - Use of physical force in defense of premises.

Section 161.233 - Use of physical force by peace officer.

Section 161.237 - Use of physical force involving pressure on throat or neck by peace officer or corrections officer.

Section 161.242 - Use of deadly physical force by peace officer.

Section 161.245 - "Reasonable belief" described; status of unlawful arrest.

Section 161.249 - Use of physical force by private person assisting an arrest.

Section 161.255 - Use of physical force by private person making citizen’s arrest.

Section 161.265 - Use of physical force by guard or peace officer employed in correctional facility.

Section 161.267 - Use of physical force by corrections officer or official employed by Department of Corrections.

Section 161.270 - Duress.

Section 161.275 - Entrapment.

Section 161.290 - Incapacity due to immaturity.

Section 161.295 - Effect of qualifying mental disorder; guilty except for insanity.

Section 161.309 - Notice of mental defense; when report required; contents of report; plea.

Section 161.315 - Right of state to obtain mental examination of defendant; limitations; report.

Section 161.325 - Finding of guilty except for insanity; dispositional order.

Section 161.326 - Notice to victim.

Section 161.327 - Commitment or conditional release of person found guilty except for insanity of felony; consultation; evaluation; appeal; rules.

Section 161.328 - Commitment of person found guilty except for insanity of misdemeanor.

Section 161.329 - Order of discharge.

Section 161.336 - Conditional release by board; order for return; termination or modification of conditional release; hearing.

Section 161.341 - Application for discharge or conditional release; release plan; examination; right to hearing.

Section 161.346 - Hearings on discharge, conditional release, commitment or modification; psychiatric reports; notice of hearing.

Section 161.348 - Judicial review.

Section 161.349 - Person committed under ORS 161.315 to 161.351 sentenced to term of incarceration.

Section 161.351 - Discharge by board; effect of remission; protection of society.

Section 161.355 - Definitions.

Section 161.360 - Qualifying mental disorder affecting fitness to proceed.

Section 161.362 - Requirements for recommendations, determinations and orders; confidentiality; electronic appearance.

Section 161.365 - Procedure for determining issue of fitness to proceed; consultation; examination; report; rules.

Section 161.367 - Gaining or regaining fitness; credit for time served; firearm prohibition.

Section 161.370 - Determination of fitness to proceed; proceedings upon finding of unfitness; commitment; rules.

Section 161.371 - Procedures upon commitment of defendant; maximum term of commitment.

Section 161.372 - Involuntary administration of medication for fitness to proceed; hearing; court order; confidentiality.

Section 161.373 - Records for fitness to proceed examination; compliance with court order.

Section 161.375 - Escape of person placed at hospital or facility; authority to order arrest.

Section 161.385 - Psychiatric Security Review Board; composition, term, qualifications, compensation, appointment, confirmation and meetings.

Section 161.387 - Board to implement policies; rulemaking.

Section 161.390 - Rules for assignment of persons to state mental hospitals or secure intensive community inpatient facilities; release plan prepared by Oregon Health Authority.

Section 161.392 - Certification of psychiatrists and licensed psychologists; rules; fees.

Section 161.395 - Subpoena power.

Section 161.398 - Restorative justice program; rules.

Section 161.405 - "Attempt" described.

Section 161.430 - Renunciation as a defense to attempt.

Section 161.435 - Solicitation.

Section 161.440 - Renunciation as defense to solicitation.

Section 161.450 - "Criminal conspiracy" described.

Section 161.460 - Renunciation as defense to conspiracy.

Section 161.465 - Duration of conspiracy.

Section 161.475 - Defenses to solicitation and conspiracy.

Section 161.485 - Multiple convictions barred in inchoate crimes.

Section 161.515 - "Crime" described.

Section 161.535 - Classification of felonies.

Section 161.555 - Classification of misdemeanors.

Section 161.566 - Misdemeanor treated as violation; prosecuting attorney’s election.

Section 161.568 - Misdemeanor treated as violation; court’s election.

Section 161.570 - Felony treated as misdemeanor.

Section 161.585 - Classification of certain crimes determined by punishment.

Section 161.605 - Maximum terms of imprisonment for felonies.

Section 161.610 - Enhanced penalty for use of firearm during commission of felony; pleading; minimum penalties; suspension or reduction of penalty.

Section 161.615 - Maximum terms of imprisonment for misdemeanors.

Section 161.620 - Sentences imposed upon waiver.

Section 161.625 - Fines for felonies.

Section 161.635 - Fines for misdemeanors.

Section 161.645 - Standards for imposing fines.

Section 161.655 - Fines for corporations.

Section 161.665 - Costs.

Section 161.675 - Time and method of payment of fines, restitution and costs.

Section 161.685 - Effect of nonpayment of fines, restitution or costs; report to consumer reporting agency; rules.

Section 161.705 - Reduction of certain felonies to misdemeanors.

Section 161.710 - Reduction of certain felony driving offenses after completion of sentence.

Section 161.715 - Standards for discharge of defendant.

Section 161.725 - Standards for sentencing of dangerous offenders.

Section 161.735 - Procedure for determining whether defendant dangerous.

Section 161.737 - Sentence imposed on dangerous offender as departure from sentencing guidelines.

Section 161.740 - Sentencing of juvenile offenders.