Opinion

Hamilton v. Psychiatric Security Review Board

  • 97 Or. App. 388
  • 776 P.2d 581
  • 1989 Ore. App. LEXIS 763
Court
Court of Appeals of Oregon
Filed
Jun 28, 1989
Status
Published
On the bench
Buttler, Rossman, Warren
Cited by
0 cases
Authority
More cited than 17.1%

The opinion

PER CURIAM

This is a petition for review of an order of the Psychiatric Security Review Board (PSRB) denying petitioner’s request to be discharged or conditionally released and committing him to the Oregon State Hospital. Petitioner argues that he suffers primarily from pedophilia and that pedophilia is a personality disorder. He contends that, because a personality disorder does not constitute a “mental disease or defect” under ORS 161.295(2), PSRB must release him from its jurisdiction. In the alternative, he argues that the record does not contain substantial evidence to support PSRB’s finding that petitioner could not adequately be controlled on conditional release. We affirm.

Although ORS 161.295(2) excludes personality disorders as a basis for exoneration from criminal responsibility, that statute did not take effect until January 1, 1984, and it does not apply to offenses committed before that date. Baldwin v. PSRB, 97 Or App 367 , 776 P2d 577 (1989). Petitioner was committed to PSRB’s jurisdiction in 1982. Therefore, even if pedophilia is a personality disorder, petitioner is not entitled to release on that basis. Moreover, there was substantial evidence in the record to support PSRB’s finding that petitioner could not be adequately controlled on conditional release.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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