161.309, 161.355 to 161.371 and 419C.524. The rules must include a description of the standards and qualifications necessary for certification. The authority may charge a fee for certification under t

161.309, 161.355 to 161.371 and 419C.524. The rules must include a description of the standards and qualifications necessary for certification. The authority may charge a fee for certification under this section in an amount determined by rule.

����� (2) The authority shall consult with the Psychiatric Security Review Board about proposed rules described in subsection (1) of this section before issuing the proposed rules for public comment and before adopting the rules. [2011 c.724 �9; 2021 c.395 �11]

����� Note: 161.392 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 161 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 161.395 Subpoena power. (1) Upon request of any party to a hearing before the Psychiatric Security Review Board under ORS 161.315 to 161.351, the board shall issue, or on its own motion may issue, subpoenas requiring the attendance and testimony of witnesses.

����� (2) Upon request of any party to the hearing before the board and upon a proper showing of the general relevance and reasonable scope of the documentary or physical evidence sought, the board shall issue, or on its own motion may issue, subpoenas duces tecum.

����� (3) Witnesses appearing under subpoenas, other than the parties or state officers or employees, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (2). If the board certifies that the testimony of a witness was relevant and material, any person who has paid fees and mileage to that witness shall be reimbursed by the board.

����� (4) If any person fails to comply with a subpoena issued under subsections (1) or (2) of this section or any party or witness refuses to testify regarding any matter on which the party or witness may be lawfully interrogated, the judge of the circuit court of any county, on the application of the board or of the party requesting the issuance of the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued by the court.

����� (5) If any person, agency or facility fails to comply with an order of the board issued pursuant to subsection (2) of this section, the judge of a circuit court of any county, on application of the board, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of an order issued by the court. Contempt for disobedience of an order of the board shall be punishable by a fine of $100. [1977 c.380 �9; 1989 c.980 �8; 2011 c.708 �10; 2017 c.442 �9]

����� 161.397 Psychiatric Security Review Board Account. The Psychiatric Security Review Board Account is established separate and distinct from the General Fund. All moneys received by the Psychiatric Security Review Board, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the board to carry out the duties, functions and powers of the board. [2001 c.716 �3]

����� 161.398 Restorative justice program; rules. (1)(a) The Psychiatric Security Review Board may develop a restorative justice program to assist the recovery of crime victims when a person is found guilty except for insanity of a crime or responsible except for insanity for an act.

����� (b) The board may enter into a contract with a nonprofit educational institution or other nonprofit organization that provides for the administration of the restorative justice program by the institution or organization.

����� (2) Any documents or oral communications created, submitted or provided for use in the restorative justice program are confidential, exempt from public disclosure and:

����� (a) May not be disclosed to or used by board members.

����� (b) May not be used or disclosed by restorative justice program staff, volunteers or participants for any purpose unrelated to the program.

����� (c) Are not admissible as evidence in any subsequent administrative or judicial proceeding, including board proceedings and deliberations.

����� (3) The board may adopt rules to carry out the provisions of this section. [2017 c.442 �1]

����� 161.400 Leave of absence; notice to board. If, at any time after the commitment of a person to a state hospital or a secure intensive community inpatient facility under ORS 161.315 to 161.351, the superintendent of the hospital or the director of the facility is of the opinion that a leave of absence from the hospital or facility would be therapeutic for the person and that such leave would pose no substantial danger to others, the superintendent or director may authorize such leave for up to 48 hours in accordance with rules adopted by the Psychiatric Security Review Board. However, the superintendent or director, before authorizing the leave of absence, shall first notify the board for the purposes of ORS 161.326. [1981 c.711 �12; 2005 c.685 �9; 2011 c.708 �11; 2017 c.442 �10]

����� 161.403 [1983 c.800 �14; repealed by 1993 c.77 �1]

INCHOATE CRIMES

����� 161.405 �Attempt� described. (1) A person is guilty of an attempt to commit a crime when the person intentionally engages in conduct which constitutes a substantial step toward commission of the crime.

����� (2) An attempt is a:

����� (a) Class A felony if the offense attempted is any degree of murder, aggravated murder or treason.

����� (b) Class B felony if the offense attempted is a Class A felony.

����� (c) Class C felony if the offense attempted is a Class B felony.

����� (d) Class A misdemeanor if the offense attempted is a Class C felony or an unclassified felony.

����� (e) Class B misdemeanor if the offense attempted is a Class A misdemeanor.

����� (f) Class C misdemeanor if the offense attempted is a Class B misdemeanor.

����� (g) Violation if the offense attempted is a Class C misdemeanor or an unclassified misdemeanor. [1971 c.743 �54; 2019 c.635 �15a]

����� 161.425 Impossibility not a defense. In a prosecution for an attempt, it is no defense that it was impossible to commit the crime which was the object of the attempt where the conduct engaged in by the actor would be a crime if the circumstances were as the actor believed them to be. [1971 c.743 �55]

����� 161.430 Renunciation as a defense to attempt. (1) A person is not liable under ORS 161.405 if, under circumstances manifesting a voluntary and complete renunciation of the criminal intent of the person, the person avoids the commission of the crime attempted by abandoning the criminal effort and, if mere abandonment is insufficient to accomplish this avoidance, doing everything necessary to prevent the commission of the attempted crime.

����� (2) The defense of renunciation is an affirmative defense. [1971 c.743 �56]

����� 161.435 Solicitation. (1) A person commits the crime of solicitation if with the intent of causing another to engage in specific conduct constituting a crime punishable as a felony or as a Class A misdemeanor or an attempt to commit such felony or Class A misdemeanor the person commands or solicits such other person to engage in that conduct.

����� (2) Solicitation is a:

����� (a) Class A felony if the offense solicited is murder or treason.

����� (b) Class B felony if the offense solicited is a Class A felony.

����� (c) Class C felony if the offense solicited is a Class B felony.

����� (d) Class A misdemeanor if the offense solicited is a Class C felony.

����� (e) Class B misdemeanor if the offense solicited is a Class A misdemeanor. [1971 c.743 �57]

����� 161.440 Renunciation as defense to solicitation. (1) It is a defense to the crime of solicitation that the person soliciting the crime, after soliciting another person to commit a crime, persuaded the person solicited not to commit the crime or otherwise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of the criminal intent.

����� (2) The defense of renunciation is an affirmative defense. [1971 c.743 �58]

����� 161.450 �Criminal conspiracy� described. (1) A person is guilty of criminal conspiracy if with the intent that conduct constituting a crime punishable as a felony or a Class A misdemeanor be performed, the person agrees with one or more persons to engage in or cause the performance of such conduct.

����� (2) Criminal conspiracy is a:

����� (a) Class A felony if an object of the conspiracy is commission of murder, treason or a Class A felony.

����� (b) Class B felony if an object of the conspiracy is commission of a Class B felony.

����� (c) Class C felony if an object of the conspiracy is commission of a Class C felony.

����� (d) Class A misdemeanor if an object of the conspiracy is commission of a Class A misdemeanor. [1971 c.743 �59]

����� 161.455 Conspiratorial relationship. If a person is guilty of conspiracy, as defined in ORS 161.450, and knows that a person with whom the person conspires to commit a crime has conspired or will conspire with another person or persons to commit the same crime, the person is guilty of conspiring with such other person or persons, whether or not the person knows their identity, to commit such crime. [1971 c.743 �60]

����� 161.460 Renunciation as defense to conspiracy. (1) It is a defense to a charge of conspiracy that the actor, after conspiring to commit a crime, thwarted commission of the crime which was the object of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of the criminal purpose of the actor. Renunciation by one conspirator does not, however, affect the liability of another conspirator who does not join in the renunciation of the conspiratorial objective.

����� (2) The defense of renunciation is an affirmative defense. [1971 c.743 �61]

����� 161.465 Duration of conspiracy. For the purpose of application of ORS 131.125:

����� (1) Conspiracy is a continuing course of conduct which terminates when the crime or crimes which are its object are completed or the agreement that they be committed is abandoned by the defendant and by those with whom the defendant conspired.

����� (2) Abandonment is presumed if neither the defendant nor anyone with whom the defendant conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation.

����� (3) If an individual abandons the agreement, the conspiracy is terminated as to the individual only if and when the individual advises those with whom the individual conspired of the abandonment or the individual informs the law enforcement authorities of the existence of the conspiracy and of the participation of the individual therein. [1971 c.743 �62; 1973 c.836 �340]

����� 161.475 Defenses to solicitation and conspiracy. (1) Except as provided in subsection (2) of this section, it is immaterial to the liability of a person who solicits or conspires with another to commit a crime that:

����� (a) The person or the person whom the person solicits or with whom the person conspires does not occupy a particular position or have a particular characteristic which is an element of such crime, if the person believes that one of them does; or

����� (b) The person whom the person solicits or with whom the person conspires is irresponsible or has an immunity to prosecution or conviction for the commission of the crime, or, in the case of conspiracy, has feigned the agreement; or

����� (c) The person with whom the person conspires has not been prosecuted for or convicted of the conspiracy or a crime based upon the conduct in question, or has previously been acquitted.

����� (2) It is a defense to a charge of solicitation or conspiracy to commit a crime that if the criminal object were achieved, the actor would not be guilty of a crime under the law defining the offense or as an accomplice under ORS 161.150 to 161.165. [1971 c.743 �63]

����� 161.485 Multiple convictions barred in inchoate crimes. (1) It is no defense to a prosecution under ORS 161.405, 161.435 or 161.450 that the offense the defendant either attempted to commit, solicited to commit or conspired to commit was actually committed pursuant to such attempt, solicitation or conspiracy.

����� (2) A person shall not be convicted of more than one offense defined by ORS 161.405, 161.435 and 161.450 for conduct designed to commit or to culminate in commission of the same crime.

����� (3) A person shall not be convicted on the basis of the same course of conduct of both the actual commission of an offense and an attempt to commit that offense or solicitation of that offense or conspiracy to commit that offense.

����� (4) Nothing in this section shall be construed to bar inclusion of multiple counts charging violation of the substantive crime and ORS 161.405, 161.435 and 161.450 in a single indictment or information, provided the penal conviction is consistent with subsections (2) and (3) of this section. [1971 c.743 �64]

CLASSES OF OFFENSES

����� 161.505 �Offense� described. An offense is conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law or ordinance of a political subdivision of this state. An offense is either a crime, as described in ORS