2011 Oregon Revised Statutes
ORS Volume 4, Chapters 131 - 170
ORS Chapter 161
161.315 Right of state to obtain mental examination of defendant; limitations.


OR Rev Stat § 161.315 (through Leg Sess 2011) What's This?

Upon filing of notice or the introduction of evidence by the defendant as provided in ORS 161.309, the state shall have the right to have at least one psychiatrist or licensed psychologist of its selection examine the defendant. The state shall file notice with the court of its intention to have the defendant examined. Upon filing of the notice, the court, in its discretion, may order the defendant committed to a state institution or any other suitable facility, if the defendant is 18 years of age or older, for observation and examination as the court may designate for a period not to exceed 30 days. 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 observation and examination as the court may designate for a period not to exceed 30 days. 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. [1971 c.743 42; 1977 c.380 3; 2007 c.14 5; 2009 c.595 101; 2011 c.724 10]

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