(1) After any right to appeal has been exhausted, a final judgment of conviction of felonious and intentional killing is conclusive for purposes of ORS 112.455 to 112.555. In the absence of a conviction of felonious and intentional killing the court may determine by a preponderance of evidence whether the killing was felonious and intentional for purposes of ORS 112.455 to 112.555.
(2) After any right to appeal has been exhausted, a final judgment finding a defendant guilty except for insanity under ORS 161.295 or a final order finding a youth responsible except for insanity under ORS 419C.411 is conclusive for purposes of ORS 112.455 to 112.555.