(a) Gives notice of intent to do so in the manner provided in subsection (2) of this section; and
(b) Files with the court a report of a psychiatric or psychological evaluation, conducted by a certified evaluator, in the manner provided in subsection (5) of this section.
(2) A youth who is required under subsection (1) of this section to give notice must do so by filing a written notice of intent. A youth who is not in detention must file the notice of intent no later than 60 days after the petition is filed unless the court finds good cause to extend the time. If the youth fails to file notice timely, the youth may not introduce evidence for the establishment of the defense set forth in ORS 419C.522 unless the court permits the evidence to be introduced when just cause for failure to file the notice is shown.
(3) Just cause for failure to file notice timely exists if the youth was not represented by counsel until after the filing period.
(4) The filing of a notice of intent under this section by a youth in detention constitutes express consent of the youth for continued detention under ORS 419C.150.
(5) A youth 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 act and must address the issue of insanity under ORS 419C.411 (2) and the dispositional determinations described in ORS 419C.411 (7) and 419C.529. If the youth fails to file a complete report before trial, the youth may not introduce evidence for the establishment of the defense set forth in ORS 419C.522 unless the court permits the evidence to be introduced when just cause for failure to file the report is shown.
(6) As used in this section, "certified evaluator" means a psychiatrist or psychologist who holds a valid certification under the provisions of ORS 161.392. [2005 c.843 §5; 2011 c.724 §6]
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 419C - Juvenile Code: Delinquency
Section 419C.001 - Purposes of juvenile justice system in delinquency cases; audits.
Section 419C.005 - Jurisdiction.
Section 419C.010 - Extradition.
Section 419C.020 - Notice to parents or guardian of youth; when given; contents.
Section 419C.025 - Appearance by telephone or closed-circuit television.
Section 419C.053 - Transfer to court of county of youth’s residence.
Section 419C.056 - Transfer of jurisdiction by court in county of youth’s residence.
Section 419C.058 - Transfer of jurisdiction to tribal court.
Section 419C.080 - Custody; when authorized.
Section 419C.091 - Custody not arrest.
Section 419C.097 - Notice to parents, victim.
Section 419C.100 - Release of youth taken into custody; exceptions.
Section 419C.106 - Report required when youth is taken into custody.
Section 419C.109 - Initial disposition of youth taken into custody.
Section 419C.142 - Notice of detention hearing.
Section 419C.145 - Preadjudication detention; grounds.
Section 419C.150 - Time limitations on detention; exceptions.
Section 419C.153 - Detention review or release hearing.
Section 419C.156 - Detention of runaway from another state.
Section 419C.173 - Evidentiary hearing.
Section 419C.200 - Court-appointed counsel for youth; waiver.
Section 419C.220 - Appointment of surrogate.
Section 419C.223 - Duties and tenure.
Section 419C.225 - Authorized diversion programs.
Section 419C.226 - Youth courts.
Section 419C.230 - Formal accountability agreements; when appropriate; consultation with victim.
Section 419C.239 - Requirements of agreement; disclosure.
Section 419C.242 - Revocation and modification of agreement.
Section 419C.245 - Right to counsel; waiver.
Section 419C.250 - Who may file petition; form.
Section 419C.255 - Facts to be pleaded.
Section 419C.261 - Amendment and dismissal of petition.
Section 419C.270 - Application of criminal procedure laws.
Section 419C.273 - Right of victim to be present at proceedings; advice of rights; notice.
Section 419C.274 - Notification of victim regarding waiver hearing or second look hearing.
Section 419C.280 - Consolidation.
Section 419C.285 - Parties to delinquency proceeding; rights of limited participation; interpreters.
Section 419C.303 - Form of summons; content.
Section 419C.306 - Effect of summons; to whom issued.
Section 419C.312 - Alternate service.
Section 419C.323 - Proceeding when summoned party not before court.
Section 419C.343 - Depositions.
Section 419C.349 - Grounds for waiving youth to adult court.
Section 419C.352 - Grounds for waiving youth under 15 years of age.
Section 419C.358 - Consolidation of nonwaivable and waivable charges.
Section 419C.361 - Disposition of nonwaivable consolidated charges and lesser included offenses.
Section 419C.370 - Waiver of motor vehicle, boating, game, violation and property cases.
Section 419C.372 - Handling of motor vehicle, boating or game cases not requiring waiver.
Section 419C.374 - Alternative conduct of proceedings involving traffic, boating and game cases.
Section 419C.378 - Motion for finding that youth is unfit to proceed.
Section 419C.380 - Evaluation; payment for evaluation.
Section 419C.382 - Duties of Oregon Health Authority; rules.
Section 419C.386 - Filing of report.
Section 419C.388 - Objection to report; hearing; findings.
Section 419C.392 - Effect of findings.
Section 419C.394 - Program to provide restorative services.
Section 419C.396 - Provision of restorative services; report; review hearing.
Section 419C.398 - Removal of youth from placement for purpose of receiving restorative services.
Section 419C.400 - Conduct of hearings.
Section 419C.405 - Witnesses; subpoena.
Section 419C.446 - Probation; requirements.
Section 419C.450 - Restitution.
Section 419C.453 - Detention; when authorized.
Section 419C.460 - Process for unlawful possession of controlled substances.
Section 419C.461 - Disposition for graffiti related offenses.
Section 419C.472 - Suspension of driving privileges.
Section 419C.473 - Authority to order blood or buccal samples.
Section 419C.475 - Authority to order blood-borne infection testing.
Section 419C.478 - Commitment to Oregon Youth Authority or Department of Human Services.
Section 419C.486 - Consideration of recommendations of committing court; case planning.
Section 419C.495 - When commitment to youth correction facility authorized.
Section 419C.501 - Duration of disposition.
Section 419C.510 - Advisory committee to study dispositions; recommendations.
Section 419C.520 - Definitions.
Section 419C.524 - Notice and filing report prerequisite to defense; timing.
Section 419C.531 - Notice to victim; opportunity to be heard; request for reconsideration.
Section 419C.535 - Appointed counsel; representation of state in contested hearings before panel.
Section 419C.538 - Conditional release.
Section 419C.540 - Discharge or conditional release after commitment.
Section 419C.542 - Hearings before juvenile panel of Psychiatric Security Review Board.
Section 419C.550 - Duties and authority.
Section 419C.558 - Duties and authority of guardian.
Section 419C.570 - Parent or guardian summoned subject to jurisdiction of court; probation contract.
Section 419C.573 - Court may order education or counseling.
Section 419C.610 - Authority to modify or set aside orders.
Section 419C.613 - Notice of modification.
Section 419C.615 - Grounds for setting aside order; procedure; appeal.
Section 419C.616 - Effect of prior proceeding on petition under ORS 419C.615.
Section 419C.617 - Time limitation for certain adults seeking relief under ORS 419C.615.
Section 419C.620 - Circumstances requiring report.
Section 419C.623 - Frequency and content of report.
Section 419C.626 - Review hearing by court; findings; appeal.