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Oregon Revised Statutes Crimes and Punishments § 161.326

Current as of January 01, 2023 | Updated by Findlaw Staff

(1) If the trial court, the Psychiatric Security Review Board or the Oregon Health Authority determines that a victim desires notification as described in ORS 161.325 (2), the agency having jurisdiction over the person shall make a reasonable effort to notify the victim of hearings and orders, conditional release, discharge or escape. Nothing in this subsection authorizes the agency to disseminate information that is otherwise privileged by law.

(2) When the agency conducts a hearing involving a person found guilty except for insanity of a crime for which there is a victim, the agency shall afford the victim an opportunity to be heard, either orally or in writing, at the hearing.

(3)(a) If the agency 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 agency reconsider the order of the agency.

(b) If the agency determines that the agency 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 agency shall grant the request for reconsideration. Upon reconsideration, the agency shall consider the statement of the victim and may consider any other information that was not available to the agency at the previous hearing.

(c) The agency may not grant a request for reconsideration that is made:

(A) After the person has been discharged from the jurisdiction of the board and the authority;

(B) After the board or the authority has held a subsequent hearing involving the person; or

(C) If the agency 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.

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Cite this article: FindLaw.com - Oregon Revised Statutes Crimes and Punishments § 161.326 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-16-crimes-and-punishments/or-rev-st-sect-161-326/

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