Oregon Statutes 161.326 – Notice to victim
(1) If the trial court or the Psychiatric Security Review Board determines that a victim desires notification as described in ORS § 161.325 (2), the board shall make a reasonable effort to notify the victim of hearings and orders, conditional release, discharge or escape. Nothing in this subsection authorizes the board to disseminate information that is otherwise privileged by law.
Terms Used In Oregon Statutes 161.326
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) When the board conducts a hearing involving a person found guilty except for insanity of a crime for which there is a victim, the board shall afford the victim an opportunity to be heard, either orally or in writing, at the hearing.
(3)(a) If the board 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 board reconsider the order of the board.
(b) If the board determines that the board 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 board shall grant the request for reconsideration. Upon reconsideration, the board shall consider the statement of the victim and may consider any other information that was not available to the board at the previous hearing.
(c) The board may not grant a request for reconsideration that is made:
(A) After the person has been discharged from the jurisdiction of the board;
(B) After the board has held a subsequent hearing involving the person; or
(C) If the board 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. [1981 c.711 § 9; 2010 c.89 § 6; 2011 c.708 § 6; 2017 c.442 § 7]
161.326 was enacted into law by the Legislative Assembly but was not added to or made a part of 161.290 to 161.373 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.