ORS 161.329: Order of discharge.

After the defendant is found guilty except for insanity pursuant to ORS 161.319, the court shall order that the person be discharged from custody if:

      (1) The court finds that the person is no longer affected by a qualifying mental disorder, or, if so affected, no longer presents a substantial danger to others and is not in need of care, supervision or treatment; or

      (2)(a) Each offense for which the person is found guilty except for insanity is a misdemeanor; and

      (b) The court finds that the person does not present a substantial danger to others that requires commitment.