ORS 161.326 Notice to victim

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.

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.

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.

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.

The board may not grant a request for reconsideration that is made:

After the person has been discharged from the jurisdiction of the board;

After the board has held a subsequent hearing involving the person; or

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.