IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR Name Of County COUNTY
THE STATE OF OREGON,Plaintiff,
v.
Defendant's Name, / )
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JUDGMENT UPON FINDING OF GUILTY EXCEPT FOR INSANITY AND PLACEMENT UNDER OREGON HEALTH AUTHORITY
This matter came before the above entitled Court on Court Date, before the Honorable Judge's Name, Court Judge; defendant appearing in court in person and with his/her attorney, Defendant's Attorney, and the State of Oregon appearing by Deputy District Attorney's Name (Deputy) District Attorney for Name Of County County; and
IT APPEARING TO THE COURT that prior hereto, the defendant entered a plea of not guilty to the charge(s) of List Charge(s); and
IT FURTHER APPEARING TO THE COURT that the defendant has given notice of intent to rely on evidence of qualifying mental disorder as an affirmative defense; and
IT FURTHER APPEARING TO THE COURT that based upon the report of Certified Evaluator's Name, who is certified by the Oregon Health Authority to conduct such an evaluation, the stipulation of counsel, and the records and files herein; and the court being fully advised in the premises, finds the above named defendant able to understand the nature of the charge(s) against him/her and to assist and cooperate with counsel and participate in his/her defense; and
IT FURTHER APPEARING TO THE COURT that on Trial Date, the matter came to trial before the court, the defendant having waived his/her right to trial by jury in writing; and the court having heard the evidence of the State and the defendant by stipulation , and being fully advised in the premises
THE COURT HEREBY FINDS:
That the defendant, Defendant's Name, committed the act(s) alleged in count(s) Indictment Counts of the information/indictment constituting the crime(s) of Crimes found GEI for;
That the above crime(s) is/are not a Tier I offense;
That, based on the report of Dr. Name of .315 Evaluator, dated Date of 161.315 Evaluation, that the defendant is affected by a qualifying mental disorder, to wit Diagnosis(es);
That as a result of qualifying mental disorder at the time of engaging in criminal conduct, the defendant lacked substantial capacity either to appreciate the criminality of the conduct or to conform his/her conduct to the requirements of law;
That the defendant would have been guilty of a felony during a criminal episode;
That because of the defendant’s qualifying mental disorder, he/she presents a substantial danger to others, requiring commitment to a state mental hospital designated by the Oregon Health Authority, and is not a proper subject for conditional release at this time.
That the victim(s) of the crime(s), Name(s) of Victim(s), at Address(es) of Victim(s), does / does not desire notification of any Oregon Health Authority/Oregon State Hospital Review Panel hearings and any subsequent Psychiatric Security Review Board (PSRB) hearings, conditional release, discharge or escape of the defendant.
[If applicable, add no contact of victims] That, the defendant shall not have direct, indirect or third party contact with Name(s) or Initial(s) of Victim(s) .
IT IS HEREBY ORDERED AND ADJUDGED that the defendant, Defendant's Name, is guilty except for insanity of the crime(s) of Crimes found GEI for; and
IT IS FURTHER ORDERED AND ADJUDGED that the defendant be placed under the jurisdiction of the Oregon Health Authority for care, custody and treatment while hospitalized and the PSRB while on conditional release for a maximum period of time not to exceed Sentence Length and
IT IS FURTHER ORDERED AND ADJUDGED that the defendant be, and he/she hereby is, committed to the custody of the state mental hospital designated by the Oregon Health Authority and that the Name Of County County Sheriff shall transport said defendant to said hospital forthwith.
ORS 161.325 - Blood or Buccal Sample Required. The defendant has been found Guilty except for Insanity (GEI) as to offenses described in ORS 137.076 and shall provide blood or buccal samples at the request of the designated agency – OREGON HEALTH AUTHORITY.
As a result of the adjudication of mental illness the defendant is prohibited from purchasing or possessing a firearm, shipping, transporting, receiving or possessing any ammunition under ORS 181.740 and 18 USC section 922(g)(4).
Firearms prohibition to be entered in LEDS/NICS by the Sheriff pursuant to 18 USC 922 (g) and OAR 257-010-0060 and 257-010-0015.
It is further ORDERED that any and all requested documents from government bodies or agencies be released to the Oregon State Hospital for the purpose of, and use in, necessary treatment and examination.
IT IS SO ORDERED this ____ day of Month, 20Last two digits of year.
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(Judge’s Name)
Name of County Court Judge
cc:
Oregon State Hospital
Legal Affairs Department
2600 Center St. NE
Salem, OR 97301
1 – JUDGMENT UPON FINDING OF GUILTY EXCEPT FOR INSANITY – Tier II Offender
Revised 12/27/17