OAR Chapter 859 — Psychiatric Security Review Board

Division 1 ADULT PSYCHIATRIC SECURITY REVIEW BOARD RULEMAKING PROCEDURE

Or. Admin. R. 859-001-0005 Notice

Prior to the adoption, amendment or repeal of any rule, the Psychiatric Security Review Board shall give notice of the intended action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule;

(2) By mailing a copy of the notice to persons on the PSRB's mailing list established pursuant to ORS 183.335(8) at least 28 days before the rule takes effect;

(3) By mailing or furnishing a copy of the notice to Designated Legislators in accordance with ORS 183.335(15) at least 49 days before the rule takes effect;

(4) By mailing or furnishing a copy of the notice to:

(a) Associated Press;

(b) Attorney General;

(d) DHS/AMH PSRB Liaisons;

(e) Disability Rights Oregon (DRO);

(f) Oregon Association of Chiefs of Police

(g) Oregon Criminal Defense Lawyers Association;

(h) Oregon District Attorneys Association;

(i) Oregon Psychiatric Association

(j) Oregon Psychological Association

(k) Oregon State Sheriff’s Association

(l) OSH Consumer and Family Services;

(m) PSRB Community Case Managers;

History

Statutory/Other Authority: ORS 161.387(1)
Statutes/Other Implemented: ORS 161.387
PSRB 1-2018, minor correction filed 04/16/2018, effective 04/16/2018
PSRB 2-2014, f. & cert. ef. 12-18-14
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-001-0010 Cost of Administrative Rules

Copies of administrative rules are available electronically at no charge on the Secretary of State’s website: http://sos.oregon.gov/archives/pages/oregon_administrative_rules.aspx. PSRB staff can also email copies of proposed administrative rules to interested parties.

History

Statutory/Other Authority: ORS 161 & 183
Statutes/Other Implemented: ORS 161.387
PSRB 2-2014, f. & cert. ef. 12-18-14
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1987, f. & ef. 2-4-87

Division 10 ADULT PSYCHIATRIC SECURITY REVIEW BOARD DEFINITIONS

Or. Admin. R. 859-010-0005 Definitions

(1) "Administrative Hearing" means a meeting of the Board where a quorum is present and a matter is reviewed (e.g. an outpatient supervisor request for modification to a client's conditional release plan). The Board shall consider information in the written record only and no oral testimony shall be received; If an objection is made to the administrative hearing, the client or the state has the right to request a full hearing. On its own motion, the Board may require further information, testimony or the presence of the client and therefore, set the matter for a full hearing.

(2) "Administrative Meeting" is any meeting of the Board where a quorum is present for the purpose of considering matters relating to Board policy and administration. Minutes shall be taken during an administrative meeting and distributed to Board members and interested persons. Minutes shall be voted on and approved at subsequent administrative meetings;

(3) "Case Monitors" are individuals designated in the conditional release order who are responsible for ensuring clients on conditional release receive the services and support they need and reporting to the PSRB a client's progress, activities and compliance with conditions of release or lack thereof.

(4) "Client" refers to any person under the jurisdiction of the Board and may be used interchangeably with "person," "patient," or "outpatient."

(5) “Community Evaluation” is a written report ordered by the Board or other court and conducted by a qualified mental health professional from a local mental health program designated by the Board to determine if an individual can be adequately controlled with supervision and treatment if conditionally released and that appropriate supervision and treatment are available.

(6) "Conditional Release" is a grant by the court or the Board for a client, patient or defendant to reside outside a state hospital in the community under conditions mandated by the court or Board for monitoring and treatment of mental and physical health.

(7) “Consultation” is a screening completed on a PSRB template, ordered by a court and conducted by a qualified mental health professional from a local mental health program designated by the Board, to determine whether the necessary supervision and treatment for the individual are available in the community and appropriate for the individual and informs the court as to whether a community evaluation is necessary to determine whether the person can be adequately controlled with supervision and treatment if conditionally released.

(8) "Danger"; "Substantial Danger"; or "Dangerousness" means a risk that the person will inflict injury or harm to others. Evidence may include information about historical patterns of behavior, recent behavior, or verbal or physical threats, which have caused injury or harm or would place a reasonable person in fear of sustaining injury or harm. This determination does not require an imminent risk of injury or harm to others.

(9) “Escape” means:

(a) A client committed to a state hospital:

(A) Leaves the supervision of hospital staff without permission;

(B) Leaves the hospital without permission; or

(b) Any client who leaves the State of Oregon without authorization of the Board;

(10) "Full Hearing" is a meeting of the Board where parties are present, testimony is taken and written findings on the issue(s) before the Board are made.

(11) “Incident Report” means a report completed by the case monitor that describes any significant behavioral or mental health changes, serious violations of conditional release requirements, psychotropic medication refusals, or any other information that is relevant to an individual’s ability to be safely managed in a community setting. The incident report shall contain the following information:

(a) A description of incident;

(b) A summary of the interventions that were used by community mental health provider staff;

(d) Any recommendations on how to mitigate future incidents, including but not limited to modifications to the individual’s conditional release plan.

(12) "Insanity Defense", also known as "GEI", refers to a plea or finding of "Guilty Except for Insanity". Nomenclature. For offenses committed on or after January 1, 1984, a person is guilty except for insanity if, as a result of a qualifying mental disorder (formerly "mental disease or defect") at the time of engaging in criminal conduct, the person lacked substantial capacity either to appreciate the criminality of the conduct or to conform the conduct to the requirements of law. The name of the insanity defense from January 1, 1978, through December 31, 1983, was "not responsible due to mental disease or defect." From January 1, 1971, through December 31, 1977, the insanity defense was known as "not guilty by reason of mental disease or defect." The name of the insanity defense prior to 1971 was "not guilty by reason of insanity."

(13) “Jurisdictional Report” means a report completed by a psychiatrist, psychiatric mental health nurse practitioner, or licensed psychologist that assists the Board in making the determinations described in ORS 161.341(1), ORS 161.346(1), or ORS 161.336(5)(a) and includes an analysis of the following information:

(a) An opinion as to the mental condition of the person;

(b) Whether the person presents a substantial danger to others; and

(14) “Monthly Progress Report” means a template report available on the PSRB’s website that is required to be completed for all individuals who are on conditional release by the individual’s case monitor each month that includes the following information attached, if applicable:

(a) Prescriber and specialty progress notes that occurred within the reporting month of the monthly progress report; and

(b) Any incident reports that that occurred within the reporting month of the monthly progress report.

(15) "Qualifying Mental Disorder" (formerly "Mental disease or defect") means:

(a) a developmental or intellectual disability, traumatic brain injury, brain damage or other biological dysfunction that is associated with distress or disability causing symptoms or impairment in at least one important area of an individual's functioning and is defined in the current Diagnostic and Statistical Manual of Mental Disorders (DSM 5-TR) of the American Psychiatric Association; or

(b) any diagnosis of a psychiatric condition which is a significant behavioral or psychological syndrome or pattern that is associated with distress or disability causing symptoms or impairment in at least one important area of an individual's functioning and is defined in the Diagnostic and Statistical Manual of Mental Disorders (DSM 5-TR) of the American Psychiatric Association.

(c) “Qualifying Mental Disorder," described in subsections (a) and (b), excluding those conditions described in subsection (d) includes:

(A) A disorder in a state of remission which could with reasonable medical probability occasionally become active; or

(B) A disorder that could become active as a result of a non-qualifying mental disorder.

(d) “Non-Qualifying Mental Disorder” is defined as a mental disorder in which the condition is:

(A) A diagnosis solely constituting the ingestion of substances (e.g., chemicals or alcohol), including but not limited to alcohol-induced psychosis;

(B) An abnormality manifested solely by repeated criminal or otherwise antisocial conduct; or

(16) "Party" means the State, which includes the Oregon Department of Justice or, if representing the State's interest, the District Attorney from the county where the GEI was adjudicated, client and client's counsel.

(17) "PSRB” or “Board" means the Oregon Psychiatric Security Review Board.

(18) "Quorum" means the presence of at least three members, in person or on the telephone, of the Adult Panel of the Board.

(19) "State Hospital" means any state institution or facility operated by the Oregon Health Authority.

(20) “Unauthorized Departure” means a person who is under the jurisdiction of the Board who is conditionally released to the community that:

(a) Leaves the supervision of the community mental health program staff without permission;

(b) Leaves the authorized placement listed on the conditional release order without permission;

(d) Leaves the State of Oregon without authorization of the Board; or

(e) Fails to return to the State of Oregon as directed by the Board.

(21) "Victim" means the person or persons who have suffered financial, social, psychological or physical harm as a result of a crime that brought the client under the Board's jurisdiction. In the case of a homicide or abuse of a corpse, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the PSRB client be considered a victim of his/her own GEI case.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.387 & ORS 161.295 - 161.400
PSRB 1-2024, amend filed 04/03/2024, effective 04/05/2024
PSRB 3-2023, temporary amend filed 10/09/2023, effective 10/09/2023 through 04/05/2024
PSRB 1-2023, amend filed 04/19/2023, effective 04/21/2023
PSRB 3-2022, temporary amend filed 09/07/2022, effective 09/12/2022 through 03/10/2023
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 2-2018, amend filed 06/14/2018, effective 07/01/2018
PSRB 7-2017, amend filed 12/07/2017, effective 01/01/2018
PSRB 9-2016, f. & cert. ef. 11-18-16
PSRB 8-2016, f. & cert. ef. 10-5-16
Reverted to PSRB 2-2014, f. & cert. ef. 12-18-14
PSRB 2-2015(Temp), f. & cert. ef. 12-3-15 thru 5-29-16
PSRB 2-2014, f. & cert. ef. 12-18-14
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1987, f. & ef. 2-4-87
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Division 20 ORGANIZATION OF THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD

Or. Admin. R. 859-020-0005 Membership

The Adult Panel of the PSRB, as stated in ORS 161.385, consists of 5 members with the experience and terms as defined in the statute. The Adult Panel includes a psychiatrist, a psychologist, a member with substantial experience in the processes of parole and probation, a lawyer with substantial experience in criminal trial practice, and a public member.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.385
PSRB 1-2016, f. & cert. ef. 3-17-16
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-020-0010 Chairperson of the Adult Panel

(1) Selection: The Board will select one or more of its members as chairperson or as co-chairpersons to serve for a one year term. The chair person(s) may be re-elected for subsequent terms.

(2) Duties:

(a) The duties of the Adult Panel Chairperson(s), or Acting Chairperson(s), include, but are not limited to:

(A) Presiding at administrative meetings, administrative hearings, full hearings and other matters requiring Adult Panel decisions;

(B) Rulings on procedural matters;

(D) Hiring and terminating the Executive Director with the approval of the majority of the Board; and

(E) Assist Executive Director with personnel matters (e.g. consulting regarding termination, discipline and hiring of PSRB employees)

(b) Designating an Acting Chair when the Chairperson is not present or available or when otherwise appropriate or necessary.

(3) Acting Chairperson. The Chairperson may appoint for temporary purposes any Adult Panel member to be designated as Acting Chairperson.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.385
PSRB 1-2016, f. & cert. ef. 3-17-16
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-020-0015 Executive Director; Powers and Duties

The executive director will officially represent the Board and will perform other duties including but not limited to:

(1) Supervising work operations of the Board's staff, including taking corrective action regarding employees;

(2) Preparing and managing the biennial budget;

(3) Implementing Board policies and decisions;

(4) Informing the Board of the status of persons under its jurisdiction;

(5) Presenting to the Board all matters requiring Board action;

(6) Hiring and terminating employees;

(7) Providing community outreach such as training for the public, licensed mental health providers, practitioners, attorneys, judges and certified evaluators as well as education, presentations and site visits of licensed residential facilities;

(8) Tracking legislation applicable to Board operations, advising the Legislature on concepts and representing the Board at legislative hearings and meetings;

(9) Communicating regularly with hospital and community providers about persons under the Board’s jurisdiction, in order to ensure that services are maintained at the proper level.

(10) Sitting on relevant task forces and boards to improve the criminal responsibility system.

(11) Attending Board deliberations and offering procedural/administrative guidance.

(12) Performing other duties as authorized or requested by the Board, such as approving out-of-state pass requests and requests for community evaluations.

History

Statutory/Other Authority: ORS 161.385
Statutes/Other Implemented: ORS 161.385
PSRB 1-2016, f. & cert. ef. 3-17-16
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Division 30 RESPONSIBILITIES OF THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD

Or. Admin. R. 859-030-0005 PSRB Adult Panel Responsibilities

Purpose: The Board's Adult Panel monitors the psychiatric and physical health and treatment of all persons placed under its jurisdiction and performs other duties as assigned by the Legislature. The Board will have as its primary concern the protection of society. In addition, the Board's responsibilities will include, but not be limited to:

(1) Holding hearings as required by law to determine the appropriate status of persons under its jurisdiction;

(2) Overseeing the supervision of persons placed on conditional release in the community;

(3) Modifying or terminating conditional release plans;

(4) Maintaining and keeping current medical, social and criminal histories of all persons under the Board's jurisdiction;

(5) Observing the confidentiality of records as required by law.

History

Statutory/Other Authority: ORS 161.387, Or Law 2011, ch 708 & § 33(2) (SB 420)
Statutes/Other Implemented: ORS 161.315 - ORS 161.351, Or Law 2011, ch 708, §§ 33, 41 (SB 420) & ORS 161.390
PSRB 2-2018, amend filed 06/14/2018, effective 07/01/2018
PSRB 3-2016, f. & cert. ef. 3-17-16
PSRB 2-2012, f. & cert. ef. 4-16-12
PSRB 1-2012(Temp), f. & cert. ef. 2-3-12 thru 7-31-12
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-030-0010 Jurisdiction of Persons under the PSRB/Length of Jurisdiction

(1) In accordance with ORS 161.325, the Board will take jurisdiction over persons adjudged by the court to be guilty except for insanity and who present a substantial danger to others.

(2) The period of jurisdiction of under the Board will be that sentence ordered by the court that places the person under PSRB jurisdiction.

(3) The Board will maintain jurisdiction over persons who are legally placed under its jurisdiction by any court of the State of Oregon and who continue to meet the following jurisdictional criteria:

(a) The person is affected by a qualifying mental disorder, which may include one that is not currently active, but with reasonable medical probability, may occasionally become active.

(b) The person’s qualifying mental disorder, when active, renders them a substantial danger to others.

(A) A qualifying mental disorder may be the sole factor that renders a person a substantial danger to others; or

(B) A qualifying mental disorder may combine with another condition to render the person a substantial danger to others and need not be sufficient on its own to render the person a substantial danger to others.

(4) Judgment orders placing individuals under Board jurisdiction must:

(a) Indicate whether the court finds the individual is a proper subject for conditional release, and if so, that the procedures outlined in OAR 859-070-0005 and ORS 161.327 have been completed.

(b) Identify the length of Board jurisdiction over the individual;

(5) If the court’s order is unclear or is missing information required by ORS 161.325 or ORS 161.327, the Board may seek clarification on the matter from the court.

(6) The Board will not retain jurisdiction over persons if the court order places the person under the Board only because of a judgment of guilty except for insanity for a probation violation. In order for the Board to retain jurisdiction, the person must be placed under the Board's jurisdiction for the initial offense.

(7) The Board’s Adult Panel will accept jurisdiction of remanded youth who are found Guilty Except for Insanity (GEI) in adult court and placed under the Board’s Adult Panel Jurisdiction. For rules regarding adjudicated youth who are found Responsible Except for Insanity (REI) in juvenile court and placed under the Board’s Juvenile Panel, see OAR 859, Divisions 501 through 600.

(8) Upon receipt of the judgment order placing individuals under Board jurisdiction the individual shall have their end of jurisdiction date calculated by Board staff within 30 days of receipt of the judgment order.

(a) Board staff shall apply any credit for time served that is indicated in the judgment order.

(b) If the judgment order states that credit for time served shall be applied but does not indicate the amount, Board staff shall apply credit for time served for:

(A) Time spent in any correctional facility or jail for the offense or conduct for which the person was placed under the Board’s jurisdiction, verified by a law enforcement agency; and

(B) Time spent in custody of the Oregon Health Authority at a state mental hospital or on a mental health hold at a secure facility.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.387 & ORS 161.325 - ORS 161.351
PSRB 2-2025, amend filed 07/31/2025, effective 07/31/2025
PSRB 1-2025, temporary amend filed 03/10/2025, effective 03/10/2025 through 09/05/2025
PSRB 2-2024, amend filed 04/03/2024, effective 04/05/2024
PSRB 2-2023, temporary amend filed 10/09/2023, effective 10/09/2023 through 04/05/2024
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 3-2016, f. & cert. ef. 3-17-16
PSRB 2-2012, f. & cert. ef. 4-16-12
PSRB 1-2012(Temp), f. & cert. ef. 2-3-12 thru 7-31-12
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 2-1987, f. 9-30-87, ef. 10-1-87
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-030-0015 Victim's Rights

(1) The Board shall make reasonable efforts to notify victims identified in a jurisdictional order or victims who have requested to be notified of any of the following regarding a person under the Board’s jurisdiction:

(a) Any order;

(b) Hearings;

(b) Conditional release;

(d) Move to a temporary placement due to an emergency; and

(e) Escape or unauthorized departure of the person.

(2) Victims may provide oral or written victim impact statements at a person’s full hearing and written victim impact statements at a person’s administrative hearing. Victim impact statements are not considered testimony and will not be taken under oath by the Board.

(3) Victims may provide a written request for a copy of a person’s recorded hearing on a removeable media storage device at no charge.

(4) Victims are given priority seating at all in-person hearings.

(a) Victims are encouraged to notify Board staff immediately of hearings-day time constraints. The Board considers reasonable scheduling restrictions from victims.

(b) The Board may permit victims to appear by remote means for full hearings.

(c) Victims are entitled to due dignity and respect. This may include prohibiting the recording of a victim impact statement or other portions of the hearing that include graphic depictions of the instant offense.

(5) Victims may request to be added to the notification list and provide updated contact information at any time by emailing PSRB staff: psrb@psrb.oregon.gov. The Board uses this notification list as its primary means to notify a victim of the circumstances outlines in section (1) of this rule.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.387 & ORS 161.326
PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022

Or. Admin. R. 859-030-0020 Diversity, Equity, and Inclusion

The PSRB will engage in rulemaking and hearing processes consistent with the priorities of the Governor and the policies implemented by the Oregon Office of Diversity, Equity, and Inclusion/Affirmative Action.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.387
PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022

Division 40 ADULT PSYCHIATRIC SECURITY REVIEW BOARD ADMINISTRATIVE MEETINGS

Or. Admin. R. 859-040-0005 Administrative Meetings

(1) The Adult Panel of the Board will hold administrative meetings to consider matters relating to Board policy and administration. Generally, these administrative meetings are held on a quarterly basis unless there is business that warrants meeting more or less frequently.

(2) The agenda for administrative meetings will be developed by the Executive Director and the Chairperson(s) prior to the meeting. Public notice will be given in accordance with the Public Meetings Law.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.385 & ORS 161.387
PSRB 2-2016, f. & cert. ef. 3-17-16
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-040-0010 Quorum and Decisions

The presence of at least three members of the Board—in person or by remote means—constitutes a quorum: Three concurring votes (affirmative or negative) are required for the Board’s Adult Panel to make a decision.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.385
PSRB 2-2016, f. & cert. ef. 3-17-16
PSRB 1-2009, f. & cert. ef. 5-5-09
PSRB 1-2008(Temp), f. & cert. ef. 12-17-08 thru 6-2-09
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-040-0015 Public Meetings Law

All meetings of the PSRB are open to the public in accordance with the Public Meetings Law; the deliberations of the Board are not open to the public. For the purposes of this rule, the term “public” does not include employees of the PSRB.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.387
PSRB 2-2016, f. & cert. ef. 3-17-16
PSRB 1-2009, f. & cert. ef. 5-5-09
PSRB 1-2008(Temp), f. & cert. ef. 12-17-08 thru 6-2-09
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-040-0020 Records

Written minutes will be kept of Board action taken at administrative meetings and adopted at the subsequent administrative meeting.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.345 & 161.346
PSRB 2-2016, f. & cert. ef. 3-17-16
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-040-0025 Public Participation

(1) The Adult Panel of the Board will allocate a public comment period during its Administrative meetings. The Adult Panel Chairperson or Acting Chairperson may set a time limit for participants electing to speak during that period.

(2) The public may not participate in the discussion during Administrative meetings unless invited by the Board Chairperson.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.385, ORS 192.630, ORS 192.690 & ORS 192.672
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 2-2016, f. & cert. ef. 3-17-16
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Division 45 PUBLIC RECORDS

Or. Admin. R. 859-045-0005 Written Records

(1) Pursuant to Oregon public records law, Board orders and information releasable to the public within the Public Records Law will be made available upon request within a reasonable time.

(2) All requests will be made in writing and final determination on disclosure will be made by the Board or Board staff. Delays in releasing written material may occur when consultation with counsel is necessary to determine whether a record falls under the exemption from disclosure laws.

(3) At a minimum, public records requests will be reviewed by PSRB staff to determine whether any of the records are exempt under the Public Records Law including, but not limited to, the following provisions:

(a) Information of a personal nature such as that kept in a personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance; or

(b) Medical records, health information, individually identifiable health information and protected health information will be withheld from public inspection if the Board determines that the disclosure would interfere with the rehabilitation of the person and if the public interest in confidentiality clearly outweighs the public interest in disclosure.

(4) PSRB will charge a fee of $0.25 per hard copy page for copying material, unless the request is voluminous, in which case the requested materials will be placed on a compact disc (CD) at a charge of $5.00 per CD. For all requests for one hundred (100) pages or more, PSRB may provide the requestor with a written estimate of the associated copying fees. Appeals of determinations on disclosure may be made by petition to the Attorney General in accordance with statutory requirements.

History

Statutory/Other Authority: ORS 192.501, 192.502, 192.440, 192.496(3), 179.505, 192.556 & 161.387
Statutes/Other Implemented: ORS 192.501, 192.502, 192.496(3), 179.505, 192.556 & 161.387
PSRB 6-2016, f. & cert. ef. 3-17-16

Or. Admin. R. 859-045-0010 Public Records Use and Disclosure; Confidentiality

(1) Definitions: In addition to the definitions in OAR 859-010-0005, the following terms apply to this rule:

(a) “Authorization” means written permission form from a patient or patient’s representative giving the Board, and others named on the form, authorization to obtain, release, or use information about the patient from third parties for specified purposes or to disclose information to a third party specified by the patient.

(b) “Disclosure” means the release, transfer, relay, provision of access to, or conveying of protected patient information to any individual or entity outside the Board.

(c) “Non-Protected Patient Information” means patient information that the Board may have in its records or files that is not protected or otherwise exempt from disclosure under state or federal law.

(d) “Protected Patient Information” means patient information that the Board may have in its records or files that is exempt from disclosure under state or federal law, including, but not limited to, individually identifiable health information relating to mental health records, alcohol and drug treatment records, and genetic information.

(e) “Re-disclosure” means the disclosure of information to a person or other entity other than the person or entity to whom disclosure was originally authorized.

(f) “Representative” means a person who has authority to act on behalf of a patient, including, but not limited to, the patient’s attorney or legal guardian.

(2) Use and disclosure of non-protected patient information. Non-protected patient information is subject to disclosure under the Public Records Law. All requests for patient information must be made in writing. The Board will determine whether the requested information is non-protected patient information or protected patient information. The Board may charge a reasonable fee to cover the actual costs of making the public records available to the requestor.

(3) Use and disclosure of protected patient information with patient authorization:

(a) The Board may disclose protected patient information to an identified individual or entity in accordance with the signed, written authorization of the patient or the patient’s representative.

(b) A patient or patient representative may revoke an authorization at any time. No revocation will apply to information released while the authorization was valid and in effect.

(4) Use and disclosure of protected patient information without authorization. The Board may use or disclose protected patient information without authorization under the following circumstances:

(a) The Board may use or disclose protected patient information without authorization to notify those whose immediate need to know preserves or protects public safety. Individuals with a need to know include, but are not limited to, first responders and victims.

(b) The Board may use or disclose protected patient information without authorization if required to or permitted to disclose the information under state and federal law, including but not limited to mandatory abuse reporting laws, offender reporting requirements under ORS chapter 163A, and court orders. The Board’s use or disclosure of the protected patient information must comply with, and be limited in scope to, the requirements of the applicable state and federal laws.

(c) The Board will disclose relevant protected patient information to the parties (the state and the patient) in a pending or scheduled PSRB hearing for the sole purpose of representing the parties in the hearing. Persons other than the patient or the patient’s representative who are granted access under this rule may not re-disclose protected patient information for any other purpose or use, unless it is otherwise authorized under state or federal law.

(d) The Board may use or disclose protected patient information without authorization in connection with the performance of its official duties, or in defense of the Board in a legal action or other proceeding against the Board brought by the patient or patient representative.

(e) The Board may use or disclose protected patient information without authorization as necessary to protect potential victims from specific threats made by the patient against one or more named persons. If the Board receives information indicating that an individual has been threatened directly, the Board will respond as appropriate and as consistent with state law, including the need to protect the public.

(f) The Board may use or disclose protected patient information without authorization as necessary to ensure continuity of care, conditional release evaluation, monitoring and supervision of those being considered for or placed on conditional release.

(5) The Board will protect and will not release personally identifiable information including, but not limited to, home addresses, telephone numbers, and e-mail addresses about the victims of the patients under the Board’s jurisdiction. Under these rules, victims have the same protections from disclosure as do those under Board jurisdiction.

History

Statutory/Other Authority: ORS 161.387 & 179.505(14)
Statutes/Other Implemented: ORS 161.336, 161.390, 179.505, 192.496 & 192.502
PSRB 6-2016, f. & cert. ef. 3-17-16

Division 50 ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES

Or. Admin. R. 859-050-0001 Hearings

(1) PSRB Hearings are open to the public, except Board deliberations.

(2) The Board, Board staff, or the security staff at the hearings’ location may limit physical items or persons permitted inside the hearings room to ensure safety and hearing decorum. This may include limiting personal items such as cell phones and weapons, as well as restricting access to persons who are disruptive to the decorum of the hearing or limiting numbers of persons when the number of attendees in the hearings room exceeds the fire marshal’s safety code. Victims, treatment team members and patient’s guests will be given priority seating.

(3) When PSRB hearings are held at any branch or part of Oregon State Hospital (OSH), OSH security policies will be followed.

(4) For protocol for media participation in hearings, see OAR 859-050-0105.

(5) A copy of a recorded hearing on CD may be obtained by written request. A charge of $5.00 per CD will be assessed unless the requestor is the patient, employed by an agency that is providing treatment to a patient, a victim of the instant offense, or a party.

History

Statutory/Other Authority: ORS 161.387, 192.501, 192.502 & 192.610 et seq.
Statutes/Other Implemented: ORS 161.387, 192.501, 192.502 & 192.610
PSRB 5-2016, f. & cert. ef. 3-17-16

Or. Admin. R. 859-050-0005 Notice

Written notice of hearings will be given to those indicated in ORS 161.346(5) and 161.326.

(1) Those given notice under ORS 161.346(5) and 161.326 include the:

(a) Person about whom the hearing is being conducted;

(b) Attorney representing the person under PSRB jurisdiction;

(d) Community supervisor or case monitor;

(e) Court or department of the county from which the person was committed;

(f) The victim, if the court or Board finds the victim requests notification;

(g) Any other interested person requesting notification;

(h) Forensic unit of Oregon State Hospital;

(2) The written notice of hearings will contain the information specified in ORS 161.346, as follows:

(a) The time, place, and location of the hearing;

(b) The nature of the hearing and the specific action for which a hearing has been requested, the issues to be considered at the hearing and a reference to the particular sections of the statutes and rules involved;

(d) A statement outlining the following additional rights:

(A) To appear at all proceedings held pursuant to this section, except for deliberations;

(B) To cross-examine all witnesses appearing to testify at the hearing;

(D) To be represented by suitable legal counsel possessing skills and experience commensurate with the nature and complexity of the case, to consult with counsel prior to the hearing and, if financially eligible, to have suitable counsel appointed at state expense; and

(E) To examine all information, documents and reports that the agency considers. If available to the agency at that time, the information, documents and reports will be disclosed to the person so as to allow examination prior to the hearing.

(3) In order to reduce the waste associated with unnecessary paper use, the Board will deliver its hearings notices electronically. Those with a need for hard copies may request them from Board staff.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.346, ORS 161.326 & ORS 161.336
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0010 Scheduling of Hearings

(1) The scheduling of hearings will be driven by the statutory timelines found in ORS Chapter 161.

(2) Hospital requests for conditional release hearings will generally be prioritized over other types of hearings.

(3) Frequent docketing changes are common. For the most up-to-date information, Board staff should be contacted at least one day before the scheduled hearing.

(4) The order of hearings on a given hearings day is generally not available until at least two (2) days before the hearing and is subject to change.

(5) Victims, witnesses and interested parties are encouraged to notify Board staff immediately of hearings-day time constraints. The Board considers reasonable scheduling restrictions from victims, witnesses and the parties.

History

Statutory/Other Authority: ORS 161.387 & 161.341
Statutes/Other Implemented: ORS 161.341
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1988, f. & cert. ef. 4-1-88
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0015 Time of Hearings

Hearings will be held within the following time frames:

(1) Initial hearing under ORS 161.341(6)(a). After a person has been placed under the Board's jurisdiction and committed to a state hospital designated by the Oregon Health Authority—90 days from the date of admission to the state hospital.

(2) Initial review hearing for individual’s conditionally released by the court under ORS 161.327(1)(b). After an individual has been placed under the Board’s jurisdiction and conditionally released by the court – 90 days from the date listed on the court order.

(3) Revocation hearing, ORS 161.336(4)(c). After return to the state hospital as a result of an Order of Revocation for violation of the conditional release—20 days.

(4) Patient request for conditional release or discharge, ORS 161.341(3)(4)(5). A patient is eligible to request a hearing six months after last hearing. Hearing to be held within 60 days after filing request.

(5) Hospital request, ORS 161.341(1), or outpatient supervisor request, ORS 161.336(5)(b), for conditional release, modification of conditional release or discharge. Request may be made at any time. Hospital requests will be scheduled within 60 days of receiving a completed application for hearing. Outpatient supervisor requests do not have statutory time frame.

(6) Outpatient request for modification of conditional release or discharge, ORS 161.336(5)(a). Outpatients on conditional release are eligible to request a hearing six months after last hearing—scheduling priority will be given to the requests of patients in the hospital.

(7) Two-year hearing, ORS 161.341(6)(b). A hearing is mandatory for persons committed to a state hospital when no other hearing has been held within two years.

(8) Five-year hearing, ORS 161.336(6). Any person who is under the jurisdiction of the Board and who has spent five years on conditional release will be brought before the Board for a hearing within 30 days of the expiration of the five year period.

(9) The Board will hold administrative hearings to expedite modifications of conditional release requests supported by the case monitor. Either party may request that the Board hold an administrative hearing. The Board may deny such a request if too limited by time or other resources to grant it.

(10) Notice of administrative hearings is given to the parties and the district attorney in the county where the GEI was adjudicated, persons who have requested notice and known victims who have requested hearing notice and have a current address on file with the Board. For purposes of this rule, the parties will receive a complete exhibit file containing a minimum of:

(a) Recent monthly progress reports;

(b) A report or correspondence with the treatment provider; and

(11) Either party may request a full hearing on the proposed modification up to the day prior to a scheduled administrative hearing.

(12) When a patient or outpatient’s mental health status has changed or he or she can no longer be safely managed under the existing conditional release order, the Board or community provider may issue modifications without notice.

(a) A copy of the new Board order will be distributed to those specified in ORS 161.346(10).

(b) If either party objects to the new order, that party may request a full hearing on the matter.

(13) If a request for discharge will be made at a full hearing, the Board shall be notified of the request as soon as practicable before the scheduled hearing to provide reasonable notice, per ORS 161.346(4) or ORS 161.336(5)(a). If a request for discharge is not made prior to this date, either party may request a continuance or the Board may, of its own motion, continue the matter.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.336, ORS 161.341, ORS 161.351, ORS 161.327, ORS 161.346, ORS 161.326 & ORS 161.327
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 2-2020, amend filed 03/20/2020, effective 03/20/2020
PSRB 1-2020, minor correction filed 02/19/2020, effective 02/19/2020
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1989, f. & cert. ef. 10-20-89
PSRB 2-1988, f. & cert. ef. 11-16-88
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0020 Chairperson Conducting Hearing

During Board hearings, the Chairperson or acting Chairperson will preside. The Chairperson will designate the order of presentation and questioning. The Chairperson will also determine the scope of questioning and may set time limits and cut off irrelevant questions and irrelevant or unresponsive answers.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.385
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0025 Patient’s Right to Review Record; Exceptions

Patients will receive written notice of hearings and directly, or through their attorneys, a statement of their rights in accordance with ORS 161.346. All exhibits to be considered by the Board will be disclosed to the patient attorney or the patient, if proceeding pro se, as soon as they are available:

(1) Exhibits not available prior to the hearing will be made available to the patient's attorney or the patient, if not represented, at the hearing.

(2) All material relevant and pertinent to the patient and issues before the Board will be made a part of the record.

(3) Only evidence deemed admissible becomes part of the patient’s exhibit file.

(4) Material that is not part of the patient’s exhibit file may not be releasable to the patient or to the parties unless authorized by the Board for good cause. The Board will review the material to determine if any administrative rule or law prohibits disclosure.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.346
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0030 Evidence Considered; Admissibility

The Board will consider all material, relevant, and reliable evidence available to it. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs will be admissible, including, but not limited to, the following:

(1) The record of trial.

(2) Information supplied by the state's attorney or any interested party, including the patient.

(3) Information concerning the patient’s mental condition, incident reports and monthly progress reports.

(4) The patient’s entire psychiatric and criminal history, including motor vehicle records.

(5) Jurisdictional reports ordered by the Board under ORS 161.346(3).

(6) Jurisdictional reports under ORS 161.341(2), written by a person chosen by the state or the patient to examine the patient.

(7) Testimony of witnesses.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.336, ORS 161.341 & ORS 161.346
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0035 Motion Practice

Any party bringing a motion before the Board will submit it to the Board and the opposing party one week prior to the scheduled hearing date. This rule does not apply to requests for set-overs for good cause, or to requests for continuation.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.346
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0040 Objections

(1) Evidentiary objections: The Chairperson or acting Chairperson will rule on questions of evidence. Hearsay evidence will not be excluded unless the Chairperson or acting Chairperson determines the evidence is not material, relevant or reliable.

(a) In determining whether the evidence is material, relevant or reliable, the Board will consider the following:

(A) The age and source of the documents;

(B) The ability of the witness to have observed and had personal knowledge of the incidents;

(b) The person, the person's attorney or attorney representing the state may object to any evidence. The Board may decide the following:

(A) To sustain the objection and deny the admission and consideration of the evidence on the grounds that it is not material, relevant or reliable;

(B) To overrule the objection and admit the evidence and in considering the weight given to that evidence, consider the reason for the objection; or

(C) To grant a continuance for a period of time not to exceed 60 days to allow a witness to appear or be subpoenaed to testify about the evidence under consideration.

(2) Board member objections. If an objection for good cause is made as determined by the Chairperson or Acting Chairperson, to a specific member of the Board sitting on the panel considering a specific case, that member will recuse him/herself and, if necessary, the hearing will be postponed and rescheduled.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.346 & 161.385
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0045 Witnesses and Documents; Subpoena

Witnesses or documents may be subpoenaed as provided in ORS 161.395 upon request of any party to the hearing or on the Board's own motion, upon a proper showing of the general relevance and reasonable scope of the documentary or physical evidence sought:

(1) Witnesses with a subpoena other than parties or state officers or employees will receive fees and mileage, as prescribed by law.

(2) The Legislature has provided that a judge of the Circuit Court of the county in which the hearing is held will compel obedience by proceeding for contempt for failure of any person to comply with the subpoena issued.

(3) Board staff will prepare subpoenas duces tecum and subpoenas for testimony requested by either party. However, the party requesting the subpoena is responsible for serving the subpoena.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.346 & ORS 161.395
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0050 Testimony Given on Oath

The Board will take testimony of a witness upon oath or affirmation of the witness administered by the Chairperson or acting Chairperson at the hearing.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.346 & ORS 161.385
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0055 Burdens

(1) The standard of proof on all issues at hearings of the Board will be the preponderance of the evidence.

(2) The party with the burden of proof will also have the burden of going forward with the evidence (call and examine witnesses, propose conditions of release, etc.).

(3) The burden of proof will depend on the type of hearing, as follows:

(a) Initial 90-day hearing under ORS 161.341(6)(a): The state has the burden to show the person continues to be affected by a mental disease or defect and continues to be a substantial danger to others.

(b) Initial review hearing under ORS 161.327(10): The state has the burden of proving that the current court conditional release, modification of conditional release, or a proposed plan is appropriate.

(c) Revocation hearing under ORS 161.336(4)(c): The state has the burden to show that the revocation of conditional release was appropriate and that jurisdiction of the Board should continue.

(d) Conditionally released outpatient's request for modification of a conditional release or discharge under ORS 161.336(5)(a): The patient has the burden of proving his or her fitness for modification of a conditional release or discharge.

(e) Hospital patient's request for conditional release or discharge under ORS 161.341(3): The person has the burden of proving his or her fitness for conditional release or discharge unless it has been more than 2 years since the State had the burden of proof in which case the burden is on the State.

(f) Request for conditional release or discharge of the patient by the State Hospital under ORS 161.341(1): the state must prove the person is not appropriate for conditional release or discharge.

(g) Request for conditional release or discharge of the outpatient by an outpatient supervisor under ORS 161.336(5)(b): the State has the burden.

(h) At a status review hearing (5 year hearing) under ORS 161.336(6): The state has the burden of proving that the current conditional release, modification of conditional release, or a proposed plan is appropriate.

(i) If at any hearing the hospital staff agrees with the patient on the issue of mental disease or defect, dangerousness or fitness for conditional release but no advance notice is given to the Board that the hospital requests discharge or conditional release, the burden of proof remains with the patient.

(j) The testimony of hospital staff will be considered as evidence to assist the Board in deciding whether the patient has met his/her burden.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.336, ORS 161.341, ORS 161.346 & ORS 161.327
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0060 Deliberations

Board deliberations are confidential and not open to the public. For purposes of this rule, “the public” does not include PSRB employees. PSRB staff may attend Board deliberations.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.346
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0065 Continuance of Hearing

Upon the request of any party or on its own motion, the Board may, for good cause, continue a hearing for a reasonable period, up to 60 days to obtain additional information, psychiatric reports or testimony or to accommodate a witness’s schedule. The patient may waive the 60-day time period for good cause.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.346
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0070 Cancellation of Hearing

(1) The requestor of a hearing may request cancellation of that hearing. The request should be in writing and state the basis for the cancellation request.

(2) If a patient/outpatient requests cancellation of a hearing after notices for that hearing have been mailed by the Board, the person will not be able to request another hearing for six months from the date of the canceled hearing.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.346
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0075 Use of Restraints

(1) The Board prefers to have patients appear at hearings without physical restraints. If, in the judgment of the patient's physician, the patient might need restraining, the Board prefers to have staff attending the hearing with the patient rather than to use physical restraints. However, the final decision on use of restraints lies with the physician.

(2) Any attorney objecting to the patient appearing with restraints at the hearing may raise the issue and ask for testimony from the physician or request a continuance of that hearing until the patient can appear safely without restraints.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.346
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0080 Board Decisions

(1) The Board will provide findings and notify the parties and other interested individuals and organizations, as appropriate.

(2) The board may issue its decisions orally on the record at the hearing, and will do so unless the Board has reason to delay issuing its findings.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.346
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0083 Split Votes at Hearings

(1) When three members cannot agree during deliberations about a hearing outcome, the hearing may be continued for no longer than 60 days. The recording of the hearing and the exhibits will be reviewed by the remaining member(s) and a decision by the majority of the members will be the finding and order of the Board. Before making a decision, the Board may deliberate any time it has a quorum.

(2) If the party objects for good cause to the remaining member's or members' review as set forth in section (1) of this rule, the Board may reschedule the matter for a hearing before the entire Board.

(3) Board staff will electronically notice both parties and the victim advocate of the split shortly after the deciding vote(s) are known to staff.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.346
PSRB 5-2016, f. & cert. ef. 3-17-16

Or. Admin. R. 859-050-0085 Notification of Right to Appeal

(1) At the conclusion of a Board hearing, the Board Chair or acting Chair will provide the person and his or her attorney with written notification advising of the right to appeal on an adverse decision within 60 days from the date an order is signed and the right to an attorney is indigent.

(2) If the person refuses to sign the Notification of Appeal, the person’s attorney/PSRB staff will sign the Notification of Appeal attesting that the person refuses to sign it.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.385
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0090 Patient/Outpatient Appearing Pro Se

(1) When a patient/outpatient waives the right to be represented by an attorney, the Board will take written or oral testimony and decide whether the patient/outpatient is capable of understanding the proceedings.

(2) After considering evidence about the competency of a patient/outpatient to represent his or her own interests at the hearing, the Board will rule on whether the patient/outpatient will be allowed to represent himself/herself pro se or whether the Board will appoint counsel to represent the patient/outpatient over his or her objection.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.346
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0095 Examination of Person Under Jurisdiction of the Board

(1) The Board may appoint a psychiatrist, psychiatric mental health nurse practitioner, or licensed psychologist to examine the person and submit a jurisdictional report to the Board, including an opinion as to the mental condition of the person, whether the person presents a substantial danger to others and whether the person could be adequately controlled on conditional release with treatment and supervision:

(2) The attorney representing the state may choose, at the state's expense, a psychiatrist or licensed psychologist to examine the person.

(a) The jurisdictional report will include a written opinion as to the mental condition of the person, whether the person presents a substantial danger to others and whether the person could be adequately controlled on conditional release with treatment and supervision.

(b) The attorney for the state will file a written notice of intent to conduct an examination. This notice may include a request for a continuance of the scheduled hearing in order to allow time for the requested examination.

(3) The attorney for the patient/outpatient may file a written request for the Board to appoint a psychiatrist or licensed psychologist to examine the patient/outpatient at the Public Defense Services Commission’s expense. The attorney may request a continuance of the scheduled hearing in order to allow time for the requested examination.

(4) The Board, regardless of whether a request for examination is made by the Board, the State, the person’s attorney or the patient, may order the person placed in temporary custody of any state hospital or suitable facility for purposes of examination.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.346
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-050-0100 Appearance at Hearings by Remote Means

(1) Participation via telephone, other two-way electronic communication device, or simultaneous electronic transmission (collectively hereafter, “by remote means”) is permitted at PSRB Hearings.

(a) All participants appearing by remote means, even if solely listening in, are expected to identify who they are or have a designated person, such as the Victim Advocate or patient family member, identify that they are participating. Victims who prefer to attend the hearing anonymously may do so but must contact the PSRB prior to the start of the hearing.

(b) Participants appearing by remote means will be recorded, even if they are muted, by the recording equipment. Therefore, participants are expected to listen to the hearings in a location that will minimize any noise interference, such as television, wind/rain/weather background noise, and conversations with others. When there are multiple participants on the conference line, it is expected that there will be professional decorum.

(c) If Board staff is given prior notice by a participant appearing by remote means with a hearing day contact phone number or e-mail, staff will call or email participants approximately fifteen (15) minutes prior to the start of the hearing if the hearing is not scheduled to occur in-person.

(2) Appearance at hearings by remote means may be used by the Board, persons under the jurisdiction of the PSRB, witnesses or victims when the hearings recording equipment allows for its use. All hearings before the Board will be conducted by remote means unless there is a basis for in-person attendance that cannot be accommodated by remote means.

(a) Either party must request in-person attendance in writing no later than ten (10) business days prior to the scheduled hearing.

(b) Requests for in-person attendance shall contain a basis for the request and some description as to why appearing by remote means is not appropriate for the hearing.

(3) If a hearing is scheduled to occur in-person any party may request the Board order in-person attendance of a witness or person under the jurisdiction of the Board if the written request is made at least 10 business days prior to notice of the hearing. A party needs to give notice to the Board if the party wants in-person presence rather than appearing by remote means of other parties or witnesses. The request shall include the basis or reason for in-person attendance that cannot otherwise be achieved through appearing by remote means.

(4) PSRB Board members may appear by remote means.

(5) Board staff shall ensure that defense counsel can consult with the individual person under the jurisdiction of the Board at any time during a remote hearing in a setting where the attorney-client privilege is not compromised.

(6) The Board will make reasonable accommodations for the known disability of any participant in Board hearings.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.326 - 161.351
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 5-2017, amend filed 12/07/2017, effective 12/07/2017
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 2-2014, f. & cert. ef. 12-18-14

Or. Admin. R. 859-050-0105 Protocol for Media at Hearings

(1) Public Access Coverage Defined. As used in this rule:

(a) “Public access coverage” means coverage by means of any public access coverage equipment.

(b) “Public access coverage equipment” means any of the following in the possession of persons other than the PSRB or the PSRB staff: television equipment; still photographer equipment; audio, video, or other electronic recording equipment.

(2) Notification to Record Hearings. The news media must notify the PSRB of their request to record video, still photography, or audio of a PSRB proceeding by submitting a request for media or other public access coverage of PSRB at least one business day (24 hours) prior to the scheduled hearing day. Notice of media or public access coverage requests given to the PSRB less than twenty-four (24) hours prior to a scheduled hearing will be taken under advisement by the Board and may result in coverage access being denied directly in the hearings room. PSRB rules require that an original be filed with the PSRB. Submissions will be emailed to PSRB at: psrb@oregon.gov.

(3) Equipment and Operators

(a) Only one television camera and/or one still camera each with a single camera operator will be permitted in the PSRB proceeding. Cameras and operators must be in designated locations. Interviews may only be conducted in the area designated by the Board, or Health Systems, if hearings are conducted at OSH.

(b) It is up to the PSRB Board Chair, or Acting Chair, typically through its staff, to decide where cameras and microphones may be placed in the hearings room. Each hearings room is different and PSRB Board members may differ on this so operators must ask for assistance to determine camera placement on the day of the hearing.

(c) Equipment and camera operators must be in place prior to the PSRB hearing. Equipment must not be installed, moved or removed from the hearings room while the PSRB hearing is in session. Camera operators may not move around the hearings room while hearings are in session.

(d) News media must arrange any pooling of footage, photographs or audio among themselves. Typically, the first camera to arrive at the hearings room will be allowed to set up in the hearings room. The PSRB will not participate in any pooling agreement. The PSRB will not mediate in the event of disagreements about pooling arrangements. Disagreements about pooling arrangements will not result in additional media equipment being allowed into the hearings room and they will not cause a delay in the hearing start time. In the absence of agreement on pooling issues by persons seeking public access coverage, the PSRB Chair or Acting Chair may exclude any or all public access coverage.

(e) No public access coverage device will be operated by more than one person.

(f) No person will use public access coverage equipment that interferes or distracts from proceedings in the hearings room.

(g) The video camera must be mounted on a tripod or other device or installed in the hearings room. The tripod or other device must not be moved while the proceedings are in session. Video equipment must be screened where practicable or located and operated as directed by the Board Chair.

(h) No artificial lighting devices of any kind will be allowed.

(4) Limitations on Access: Media will not record:

(a) Any notes or conversations intended to be private including, but not limited to counsel, victims, Board members and members of the public attending hearings.

(b) Portions of the hearing that would interfere with the rights of the parties to a fair hearing or would affect the presentation of evidence or outcome of the hearing. This may include if public access coverage affects the PSRB patient’s ability to effectively participate in his/her hearing.

(c) Any portion of the hearing that would interfere with a victim’s entitlement to due dignity and respect. This may include prohibiting the recording of a victim impact statement or other portions of the hearing that include graphic depictions of the instant offense.

(d) If any cost or increased burden resulting from the public access coverage would interfere with the efficient administration of justice.

(5) Recording equipment may not be used in the visitor area.

(6) A Board Chair may summarily prohibit public access coverage of particular hearing attendees or witnesses, if the attendee or witness so requests.

(7) Violations. Any violation of this rule may result in sanctions including but not limited to the termination of media coverage privileges.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.295 - 161.400
PSRB 4-2017, minor correction filed 11/16/2017, effective 11/16/2017
PSRB 3-2017, minor correction filed 10/20/2017, effective 10/20/2017
PSRB 5-2016, f. & cert. ef. 3-17-16
PSRB 2-2014, f. & cert. ef. 12-18-14

Or. Admin. R. 859-050-0110 Records of Hearings

All Board hearings, except Board deliberations, will be recorded by electronic means which can be transcribed. All documents considered will be included in the file and kept as part of the record:

(1) Audio recordings capable of being transcribed will be kept by the Board for a minimum period of five years from the hearing date;

(2) Any material to which an objection is sustained will be removed from the exhibit file and will not be considered in future Board hearings; the objection and ruling of the Board will be noted on the record.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.295-161.400
PSRB 5-2017, adopt filed 12/07/2017, effective 12/07/2017

Division 60 PRINCIPAL ISSUES BEFORE THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD

Or. Admin. R. 859-060-0005 Issues

At any hearing before the Board issues considered shall be limited to those relevant to the purposes of the hearing. Notice of intent to raise new issues shall be given to the Board in writing prior to the hearing. If new issues are raised, the Board may continue the hearing to consider the issues and give the parties an opportunity to submit additional evidence.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.346
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-060-0010 Primary Concern: Protection of Society

In determining whether a person should be committed to a state hospital, conditionally released or discharged, the Board shall have as its primary concern the protection of society. The Board shall not discharge a person whose qualifying mental disorder may, with reasonable medical probability, occasionally become active, and when active, render the person a danger to others.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.336, 161.341, 161.346 & 161.351
PSRB 7-2017, amend filed 12/07/2017, effective 01/01/2018
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-060-0015 Initial Hearing

(1) After being placed under the jurisdiction of the Board and committed to a state hospital, the person shall have an initial hearing before the Board to determine whether the person should be committed, conditionally released, or discharged:

(a) At an initial hearing, the Board shall make a finding on the issue of presence of qualifying mental disorder and dangerousness and may base it on the court’s findings and any additional information received.

(b) If the Board finds at its initial hearing that the person is affected by a qualifying mental disorder, presents a substantial danger to others and is not a proper subject for conditional release, the Board shall order the person committed to, or retained in, a state hospital designated by the Oregon Health Authority for custody, care, and treatment.

(c) If the Board finds the person is still affected by a qualifying mental disorder and is a substantial danger to others but can be adequately controlled with treatment and supervision if conditionally released, the Board shall find the person appropriate for conditional release and shall follow procedures set forth in Division 70.

(d) If the Board makes a finding that the person is no longer affected by a qualifying mental disorder or is no longer a substantial danger to others, the Board shall order the discharge of the person from jurisdiction.

(2) After being placed under the jurisdiction of the Board and conditionally released by the court, the person shall have an initial review hearing before the Board to determine whether the person should be committed to a state hospital, continued on conditional release, or discharged.

(a) If the Board finds at its initial review hearing that the person is affected by a qualifying mental disorder, presents a substantial danger to others and is not a proper subject for conditional release, the Board shall order the person committed to a state hospital designated by the Oregon Health Authority for custody, care and treatment.

(b) If the Board finds the person is still affected by a qualifying mental disorder and is a substantial danger to others but can be adequately controlled with treatment and supervision, the Board shall find the person appropriate for continued conditional release.

(c) The Board may issue a modification of the court order of conditional release when, upon review, elements of the plan have changed, have not been set out in sufficient detail or additional conditions are needed.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.336, ORS 161.341, ORS 161.346 & ORS 161.327
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 7-2017, amend filed 12/07/2017, effective 01/01/2018
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-060-0020 Revocation Hearing

At a revocation hearing the Board shall consider whether the revocation was appropriate and whether the person can be continued on conditional release or should be committed to a state hospital designated by the Mental Health and Developmental Disability Services Division. The Board may consider a request for discharge at a revocation hearing or make that finding after considering the evidence before the Board:

(1) If the Board finds the person is affected by a qualifying mental disorder and presents a substantial danger to others and cannot be safely controlled in the community while on conditional release, the person shall be committed to a state hospital designated by the Mental Health and Developmental Disability Services Division.

(2) If the Board finds the person could be controlled in the community but no conditional release plan has been approved by the Board, the Board shall order the person committed but find the person appropriate for conditional release. The Board shall specify what conditions the plan should include and may approve the conditional release plan submitted by the staff of the hospital, by the patient or someone on the patient’s behalf, at an administrative hearing.

(3) If the Board finds the person can be controlled in the community and a verified conditional release plan is approved by the Board, the Board shall order the person placed on conditional release in accordance with procedures set forth in Division 70.

(4) If the person has been charged with a new crime or is serving time in the corrections system, the Board shall not hold a revocation hearing until such time as the person is returned to the Mental Health and Developmental Disability Services Division or upon an appropriate request to hold a hearing.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.336
PSRB 7-2017, amend filed 12/07/2017, effective 01/01/2018
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-060-0025 Patient Request for Conditional Release

(1) In a hearing before the Board on a person under the jurisdiction of the PSRB’s request for conditional release, the Board shall consider whether, although still affected by a qualifying mental disorder, the person can be adequately controlled in the community with treatment and supervision, and shall determine whether the person is a proper subject for conditional release in accordance with procedures set forth in Division 70.

(2) A jurisdictional report is required to schedule this hearing type.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.341
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 7-2017, amend filed 12/07/2017, effective 01/01/2018
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-060-0030 Patient Request for Discharge

(1) In a hearing before the Board on a patient request for discharge, the Board shall determine whether the patient continues to be affected by a qualifying mental disorder and is a substantial danger to others:

(a) If the Board finds the person is no longer affected by a qualifying mental disorder or if so affected, no longer presents a substantial danger to others, the person shall be discharged.

(b) If the Board finds the person is not appropriate for discharge, the Board may consider whether the patient is appropriate for conditional release even if not requested previously by the patient.

(2) A jurisdictional report is required to schedule this hearing type.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.341
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 7-2017, amend filed 12/07/2017, effective 01/01/2018
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-060-0035 Hospital Request for Conditional Release

(1) At any time while a patient is committed to a state hospital designated by the Mental Health and Developmental Disability Services Division, the superintendent of the hospital or designee shall apply to the Board for conditional release if it is the opinion of the treating physician that the patient continues to be affected by a qualifying mental disorder and continues to be a danger to others but can be controlled in the community with proper care, medication, supervision and treatment.

(2) A jurisdictional report is required to schedule this hearing type.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.341
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 7-2017, amend filed 12/07/2017, effective 01/01/2018
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-060-0040 Hospital or Outpatient Supervisor Request for Discharge

(1) At any time while a patient is committed to a state hospital designated by the Oregon Health Authority the superintendent of the hospital or designee shall apply to the Board for discharge if, in the opinion of the hospital superintendent or designee the person is no longer affected by a qualifying mental disorder or, if so affected, the person no longer presents a substantial danger to others.

(2) At any time while an individual is on conditional release, the case monitor shall apply to the Board for discharge if, in the opinion of the case monitor, the person is no longer affected by a qualifying mental disorder or, if so affected, the person no longer presents a substantial danger to others.

(3) A jurisdictional report is required to schedule this hearing type.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.341
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 7-2017, amend filed 12/07/2017, effective 01/01/2018
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-060-0045 Mandatory Two-Year, Five-Year Hearings

The Board shall have periodic mandatory hearings for all patients:

(1) Two-year hearing:

(a) In no case shall a person be committed and held in a state hospital under the Board’s jurisdiction for a period of time exceeding two years without a hearing before the Board to determine whether the person should be conditionally released or discharged;

(b) The Board shall consider whether the person continues to be affected by a qualifying mental disorder, whether the person presents a substantial danger to others, and if the person is affected by a qualifying mental disorder and is a substantial danger to others, whether the person could be adequately controlled if conditionally released.

(2) Five-year hearing. Any person who has been under the jurisdiction of the Board and who has resided in the community on conditional release status for five years shall be brought before the Board for a hearing within 30 days of the expiration of the five-year period:

(a) The hearing shall be set as close to the five-year date as possible and shall be combined with any other scheduled hearing for the person;

(3) A jurisdictional report is required to schedule these hearing types.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.341 & ORS 161.351
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 7-2017, amend filed 12/07/2017, effective 01/01/2018
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1990, f. & cert. ef. 1-16-90
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-060-0050 Status Hearing

The Board may hold a hearing at any time to review the status of the patient to determine whether modification of a conditional release order is appropriate, whether a revocation is appropriate or any other change in status as allowed by law.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.336
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Division 70 CONDITIONAL RELEASE OF ADULTS

Or. Admin. R. 859-070-0005 Court Conditional Release

(1) If the court finds the person presents a substantial danger to others but may be adequately controlled with supervision and treatment if conditionally released, and that necessary supervision and treatment are available, the court, instead of ordering the person committed to a state hospital, may order the person conditionally released.

(2) To make the finding above, the court must:

(a) Order a consultation to the local mental health program designated by the Board to determine whether the necessary supervision and treatment for the person are available in the community and appropriate for the person.

(A) A consultation must be ordered by the court when the person’s most serious offense in the charging instrument is a Class C felony.

(B) A consultation may be ordered by the court when the person’s most serious offense in the charging instrument is a Class A or Class B felony.

(b) Order a community evaluation if the local mental health program determines through the consultation that the necessary supervision and treatment for the person are available in the community and appropriate for the person.

(3) All orders conditionally releasing a person must include:

(a) The agency designated by the Board to supervise the person upon release;

(b) The address where the person shall reside; and

(c) Those conditions as outlined on the Summary of Conditional Release Plan template available on the PSRB’s website, including, but not limited to mandated treatment type and frequency and other special conditions that the court finds are in the best interests of justice, the protection of society and the welfare of the person.

(4) The court must notify the Board within one judicial day of a conditional release order and provide to the Board an electronic copy of the conditional release order.

(5) The Board shall hold an initial review hearing within 90 days from the date an individual is ordered to be placed on a court conditional release. The Board may issue an order continuing the court order of conditional release when all the elements of the conditional release plan are in accordance with procedures set forth in Division 70.

(6) The Board may issue a modification of the court order of conditional release when, upon review, elements of the plan have changed, have not been set out in sufficient detail or additional conditions are needed.

(7) The Board may issue an order of revocation in accordance with provisions set forth in Division 80.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.327
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-070-0010 Board Order of Conditional Release

In determining whether an order of conditional release is appropriate, the Board shall have as its goals the protection of the public, the best interests of justice, and the welfare of the individual. The Board may consider the testimony and exhibits at the hearing regarding the patient's behavior in the hospital including the patient's progress, insight and responsibility taken for the patient's own behavior:

(1) If the Board finds the person may be controlled in the community and a verified conditional release plan is approved by the Board, the Board may order the person placed on conditional release. If a person has a DOC detainer, the Board may order conditional release to that agency if the Board finds that the patient no longer needs a hospital level of care and that the patient could be adequately controlled and treated and the supervision and treatment necessary are available in that DOC setting.

(2) If the Board finds the person could be controlled in the community or DOC but no conditional release plan has been approved by the Board, the Board may order the person committed but find the person appropriate for conditional release pending submission of a conditional release plan signed by either a mental health community provider or DOC. The Board may specify what conditions the plan should include and may approve the conditional release plan submitted by the staff of the hospital, by the patient or someone on the patient's behalf at an administrative hearing.

(3) If a verified conditional release plan has not been approved and the conditions need further examination and approval of the Board, the Board may commit the patient, find the patient appropriate for conditional release or continue the hearing.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.336 & 161.646
PSRB 2-2013, f. & cert. ef. 6-20-13
PSRB 1-2013(Temp), f. 2-22-13, cert. ef. 3-1-13 thru 8-26-13
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-070-0015 Elements of Conditional Release Order

The Board shall consider any or all of the following elements of a conditional release plan and determine which are appropriate and necessary to insure the safety of the public:

(1) Housing: Housing must be available for the patient. The Board may require 24-hour supervised housing, a supervised group home, foster care, housing with relatives or independent housing.

(2) Mental health treatment: Mental health treatment must be available in the community or at DOC. The Board-approved provider of the treatment must have had an opportunity to evaluate the patient and the proposed conditional release plan and to be heard before the Board. The Board shall not require an evaluation be performed by DOC staff prior to consideration of conditional release due to the nature of that state agency, its security and its resources for the provision of mental health services. The provider must have agreed to provide the necessary mental health treatment to the patient. The treatment may include: individual counseling, group counseling, home visits, prescription of medication or any other treatment recommended by the provider(s) and approved by the Board.

(3) Reporting responsibility: An individual must be available to be designated by the Board as having primary reporting responsibility and must have agreed to:

(a) Notify the Board in writing of the patient's progress at least once a month unless the patient is housed at DOC in which case progress reports will be submitted upon request of the Board;

(b) Notify the Board promptly of any grounds for revocation under OAR 859-080-0010;

(d) Coordinate and monitor all elements of the conditional release plan.

(4) Special conditions: Special conditions may be imposed, including, but not limited to, the following: no consumption of alcohol, taking of antabuse, observation by designated individual of each ingestion of medication, submitting to drug screen tests, no driving, vocational activities, day treatment, attending school, working, or sex offender assessment and treatment.

(5) Parole and probation: Parole and probation supervision may be ordered.

(6) Agreement to conditional release: Patients shall agree to and sign a form promising to comply with the general conditions of release. This signed form shall be made a part of the conditional release plan. The conditions shall include notice that if the person leaves the state without authorization of the Board, the person may be charged with a new crime of escape. This subsection does not apply to a patient who is conditionally released to DOC.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.336 & 161.646
PSRB 2-2013, f. & cert. ef. 6-20-13
PSRB 1-2013(Temp), f. 2-22-13, cert. ef. 3-1-13 thru 8-26-13
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-070-0020 Mental Health and Developmental Disability Services Division Responsibility to Prepare Plan

(1) When the state hospital staff feels that a patient may be ready for conditional release, the staff may request that the Board order an evaluation for community placement.

(2) The Mental Health and Developmental Disability Services Division is responsible for and shall prepare the conditional release plan. In order to carry out the conditional release plan, the Mental Health and Developmental Disability Services Division may contract with a community mental health program, other public agency or private corporation or an individual to provide evaluations for community placement, supervision and treatment.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.336 & 161.390
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-070-0022 Victim-Safety Considerations in Community Evaluations, Conditional Release Plans, and Conditional Release Modifications

(1) Any victim-related provision contained in the judgment placing the client under the PSRB’s jurisdiction is the baseline victim-safety condition for conditional release and shall be included in the PSRB conditional release order unless otherwise ordered or modified by the PSRB.

(2) When preparing a community evaluation and proposed conditional release plan, or a modification of a conditional release plan, the outpatient supervisor must consider whether any additional or modified conditions are necessary to address victim-safety considerations for victims defined in OAR 859-010-0005.

(3) Victim-safety considerations may include, but are not limited to:

(a) No-contact provisions;

(b) Geographic restrictions;

(d) Restrictions on communication or visitation with a victim;

(e) Restrictions involving specific locations; or

(f) Procedures for addressing inadvertent or unavoidable contact.

(4) In determining whether to recommend a victim-safety condition, the outpatient supervisor may review information from the PSRB’s exhibit file and staff, Department of Justice victim advocate, the client’s current treatment team, or the parties to inform recommendations regarding proposed conditions.

(5) Nothing in this rule requires or authorizes disclosure of privileged, confidential, or otherwise protected information, except as permitted by law. Any information shared, reviewed, or included under this rule should be limited to what is reasonably necessary to identify, explain, or support a recommended victim-safety condition.

(6) The identification of a victim-safety consideration does not, by itself, determine whether a client can be conditionally released to the proposed placement. The outpatient supervisor must consider whether the victim-safety consideration can be addressed through treatment, supervision, or conditions of release. If so, the outpatient supervisor should recommend conditions necessary to address the consideration.

(7) When victim-safety considerations are identified, the conditional release plan or modification request must either:

(a) Recommend any special conditions related to victim safety; or

(b) State that no such special conditions are recommended and briefly explain why.

(8) The Board shall determine whether to approve or deny the requested or recommended victim-safety condition.

History

Statutory/Other Authority: 161.387
Statutes/Other Implemented: 161.336
PSRB 3-2026, adopt filed 08/26/2026, effective 09/02/2026

Or. Admin. R. 859-070-0025 Modification or Termination of Conditional Release

Modification or termination of an order of conditional release may be proposed by the patient, supervising person, mental health facility or any other interested party, or by the staff or the Board on its own motion upon a review of the status of the patient:

(1) Modifications of conditional release may be considered by the Board at any time.

(2) As an alternative to termination of conditional release, a patient may return voluntarily to a state hospital.

(3) Termination of conditional release may be effected by preparation of a revocation order in accordance with procedures set forth in Division 80.

(4) The individual designated as having primary reporting responsibility shall provide the Board with a written summary of the person’s progress, recommendations on future action to be taken and, if possible, shall be present to testify on these issues at the Board hearing.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.336
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-070-0027 State Requests for Victim-Safety Modifications of Conditional Release

(1) This rule applies when the State requests the PSRB add or modify a condition of release to address victim-safety considerations for victims defined in OAR 859-010-0005.

(2) A request under this rule must identify a proposed condition, the reason the condition is requested, and the victim-safety consideration the condition is intended to address. The request must include enough information for the outpatient supervisor to understand what would be required to implement and supervise the proposed condition.

(3) The State must submit the request to the PSRB by email and copy the client’s attorney of record, and the Board.

(4) Upon receipt of the request, the PSRB shall provide the request to the outpatient supervisor without unreasonable delay. The outpatient supervisor may consult the client and their attorney of record as well as the Department of Justice victim advocate as appropriate in reviewing the request.

(5) Within fourteen (14) days after receiving the request from PSRB, the outpatient supervisor shall submit a written position to the Board addressing whether the proposed condition can be implemented and supervised. The outpatient supervisor may recommend different or additional language as necessary to make the condition capable of implementation and supervision.

(6) Upon receipt of the outpatient supervisor’s position, PSRB shall provide the position by email to the State and the client’s attorney of record without unreasonable delay.

(7) The State and the client, through the client’s attorney of record, may each submit a written response to the outpatient supervisor’s position within fourteen (14) days after PSRB provides the position. Each response must state whether the parties agree with the proposed condition or object to the proposed condition, or it may propose modified language.

(8) If the State, the client, through the client’s attorney of record, and the outpatient supervisor agree to the proposed condition, or to different agreed-upon language, the Executive Director may approve the agreed modification under delegated authority and authorize preparation of a modified conditional release order.

(9) If agreement is not reached and the State wants to proceed with its request, the Executive Director shall refer the request to the Board for administrative review. If the State does not want to proceed, the request will be closed without further action.

History

Statutory/Other Authority: 161.387
Statutes/Other Implemented: 161.336
PSRB 3-2026, adopt filed 08/26/2026, effective 09/02/2026

Or. Admin. R. 859-070-0030 Evaluation and Reports

(1) All reports and evaluations received on the person’s fitness for conditional release, modification of conditional release or revocation, and monthly progress shall be made a part of the record.

(2) All serious incidents must be communicated through an immediate phone call to the PSRB executive director or designee and followed-up with a written incident report. A serious incident includes, but is not limited to:

(a) Unauthorized departure;

(b) Arrest;

(d) Repeated refusals to take psychotropic medications or other medications prescribed to manage the person’s mental health;

(e) Psychiatric or medical hospitalization;

(f) Violent or dangerous behaviors; or

(g) Other circumstances deemed to be serious by the reporting party.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.336
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-070-0035 Out-of-State Conditional Release Order

The Board may consider and approve a conditional release plan to have the patient reside out of state.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.336
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Division 80 ADULT PSYCHIATRIC SECURITY REVIEW BOARD ORDER OF REVOCATION

Or. Admin. R. 859-080-0005 Affidavit Recommending Revocation

(1) Affidavit Recommending Revocation. Upon the recommendation of the staff of the Psychiatric Security Review Board and receipt of an affidavit based on noncompliance with an order of the Board or a change in the patient’s conditions of release or mental status, a Board member may order the person returned to a state hospital for evaluation and treatment through an order of revocation.

(2) Emergency Revocation. When a Board member is not available and time is of the essence, the executive director of the Psychiatric Security Review Board may issue and execute an order of revocation subject to review by a Board member within 72 hours of the execution of the order.

(3) If the executive director is unavailable due to paid or health care-related leave, the PSRB’s deputy director may issue orders for the return of PSRB patients on conditional release, as provided in Chapter 120, Or. Laws 2018, §5(4)(a)(A), and subsection (2) of this section.

History

Statutory/Other Authority: ORS 161.387 & Chapter 120, 2018 Or. Laws, §5
Statutes/Other Implemented: ORS 161.336
PSRB 1-2019, amend filed 09/30/2019, effective 09/30/2019
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1987, f. & ef. 2-4-87
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-080-0010 Reasonable Grounds for Revocation

Reasonable grounds for revocation of a conditional release include:

(1) The person has violated terms of the conditional release plan;

(2) The person’s mental health has changed;

(3) The person has absconded from jurisdiction;

(4) The community resources required by the conditional release order are no longer available.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.336
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-080-0015 Procedure for Revocation

(1) After an order of revocation has been signed by a Board member, the written order is sufficient warrant for any law enforcement officer to take the patient into custody and transport the patient as directed by the order. A sheriff, municipal police officer, constable, parole or probation officer, prison official or, other peace officer shall execute the order.

(2) A community mental health program director shall contact the PSRB’s executive director as soon as is safe and practicable after discovering that a law enforcement officer has contacted a PSRB patient for whom the mental health program director has responsibility.

(3) When a law enforcement officer contacts a PSRB patient who has absconded from conditional release, a written or electronic order from the patient’s assigned community mental health program director shall serve as sufficient warrant for the officer to take the patient into custody and to transport the patient to an appropriate facility as outlined in ORS 161.336.

(4) Any Psychiatric Security Review Board patient whose conditional release is revoked under this chapter is entitled to a hearing under ORS 161.336(4)(c).

(5) For purposes of this section, “other facility” means a residential facility that provides mental health treatment and is licensed, certified, contracted, or operated by the Oregon Health Authority.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.336
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2019, amend filed 09/30/2019, effective 09/30/2019
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Division 90 RECONSIDERATION OF ADULT PSYCHIATRIC SECURITY REVIEW BOARD FINDINGS; JUDICIAL REVIEW; ENFORCEMENT

Or. Admin. R. 859-090-0005 Reconsideration

A party to the hearing may request reconsideration of a Board finding in writing or, on its own motion, the Board can reconsider the finding:

(1) If an issue is appropriately raised, the matter shall be remanded to the Board for hearing on that issue. A reconsideration may be upheld if:

(a) The written findings are found to be inaccurate or do not support the action taken by the Board; or

(b) Substantial information material to the issues which was not known or which could not have been known at the time of the hearing is received; or

(d) The Board decision is contrary to the rules or statutes governing the Board.

(2) If the issues are not appropriately raised, the person shall receive written notification of the reasons for denial of reconsideration.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.346
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-090-0010 Judicial Review

(1) The Legislature has provided that a final Board order shall be subject to review by the Court of Appeals upon petition to the court within 60 days of the issuance of the order in accordance with ORS 161.385(8).

(2) The Board shall provide the attorney for the patient and the court with the record of proceedings.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.385
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-090-0015 Enforcement of Board Orders

The Board may apply to the circuit court of the appropriate county for contempt proceedings under ORS 161.395(5) when its directive to an agency or person is not followed.

History

Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS 161.395
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Division 100 RESPONSIBILITY OF STATE AND COMMUNITY MENTAL HEALTH PROGRAMS FOR ADULTS

Or. Admin. R. 859-100-0005 Compliance

State or local mental health programs shall comply with any order of the Board.

History

Statutory/Other Authority: ORS 137, 161, 192 & 428
Statutes/Other Implemented: ORS 161.336 & 161.346
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-100-0010 Custody of Person Who is a Substantial Danger to Others

The Legislature has provided that the community mental health program director, the director of the facility providing treatment to a person on conditional release, any peace officer or any individual responsible for the supervision of the person on conditional release may take, or request that a person on conditional release be taken, into custody if there is reasonable cause to believe the person is a substantial danger to others because of a qualifying mental disorder and the person is in need of immediate care, custody, or treatment. The person shall be transferred to the state hospital designated by the Mental Health and Developmental Disabilities Services Division.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.346
PSRB 7-2017, amend filed 12/07/2017, effective 01/01/2018
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-100-0015 Temporary Custody of Patient in State Hospital

At any time, the Board may appoint a psychiatrist or licensed psychologist to examine the person and submit a report to the Board. In order to facilitate the examination, the person may be placed in the temporary custody of any state hospital or other suitable facility.

History

Statutory/Other Authority: ORS 137, 161, 192 & 428
Statutes/Other Implemented: ORS 161.346
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-100-0020 Mental Health and Developmental Disability Services Division Rules for Assignment and Treatment

The Legislature has provided that the Mental Health and Developmental Disability Services Division shall promulgate rules for assignment of persons to state mental hospitals under ORS 161.341, 161.365 and 161.370 and for establishing standards and methods for evaluation and treatment of persons committed to a state hospital designated by the division or ordered to a community mental health program under 137.540, 161.315 to 161.351, 192.690 and 428.210.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.390
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-100-0025 Discharge and Conditional Release Plans

The Legislature has provided that the Mental Health and Developmental Disability Services Division is responsible for preparation of discharge or conditional release plans.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.336 & 161.390
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-100-0030 Leaves and Passes

(1) Any overnight or out-of-town leave of absence or pass request for PSRB patients in a state hospital shall be signed by a physician and submitted to the PSRB on the Board’s pass request form no less than three days prior to the proposed pass or leave of absence date.

(2) Emergency pass requests may be made by telephone to the PSRB office by the physician or social worker.

(3) Written confirmation should be submitted to the Board in each case:

(a) A leave of absence or pass may be requested when the physician is of the opinion that a leave of absence or pass from the hospital would pose no substantial danger to others and would be therapeutic for the person;

(b) Hospital staff will be contacted by the PSRB only if there are any reservations about the pass.

History

Statutory/Other Authority: ORS 137.540, 161.315, 161.327, 161.332, 161.341, 161.346, 161.351, 161.365, 161.370, 161.390, 161.400, 192.690 & 428.210
Statutes/Other Implemented: ORS 161.400
PSRB 1-1995, f. & cert. ef. 1-11-95
PSRB 1-1985, f. 1-3-85, ef. 1-15-85

Or. Admin. R. 859-100-0035 Emergency Move Exceptions

(1) Nothing in Divisions 1 through 110 prohibits the Board, the community placement, and the Oregon Health Authority from entering into a mutually satisfactory agreement regarding the patient’s temporary placement in the community during an emergency.

(a) If the person is temporarily placed in a more restrictive setting during an emergency, they are not required to obtain a mental health evaluation before returning to the placement they had before the emergency temporary move occurred unless otherwise recommended by the PSRB case monitor.

(b) For the purposes of this rule, an emergency is defined as circumstances that could not be reasonably foreseen that create a substantial risk to the health and safety of the patient, including, but not limited to, a natural disaster, fire, or the unexpected closure of the patient’s residence.

(2) In the event of a person’s move to a temporary placement due to an emergency, the PSRB will notify the any victims of the person’s move as soon as practicable.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.387
PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022

Division 110 CONDITIONAL RELEASE AND DISCHARGE OF PERSONS WHOSE CRIMES WERE COMMITTED ON OR AFTER DECEMBER 5, 1996

Or. Admin. R. 859-110-0010 Conditional Release and Discharge of Persons Placed Under the Board’s Jurisdiction for Crimes Committed On or After December 5, 1996

(1) Based on advice of the Attorney General, the Board interprets ORS 137.750 as having no effect on the Board’s statutory authority to order the conditional release or discharge of persons placed under the Board’s jurisdiction by the courts for crimes committed on or after December 5, 1996.

(2) Consistent with the Board’s interpretation of ORS 137.750 in subsection (1) of this rule, a person placed under the Board’s jurisdiction for crimes committed on or after December 5, 1996 may be placed on conditional release or discharged by the Board from its jurisdiction, pursuant to applicable law and divisions 60 and 70 of these rules, notwithstanding the following:

(a) The judgment states that the person may not be considered for conditional release or discharge from jurisdiction; or

(b) The judgment is silent regarding whether the person may be considered for conditional release or discharge from jurisdiction.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.325 - 161.400
PSRB 2-2017, minor correction filed 10/19/2017, effective 10/19/2017
PSRB 1-1999, f. & cert. ef. 4-12-99

Division 200 PSRB CIVIL COMMITMENT PROGRAM

Or. Admin. R. 859-200-0005 Background and Purpose of Extremely Dangerous Civil Commitment Program

(1) The Extremely Dangerous Person with Qualifying Mental Disorder statute, enacted by Senate Bill 421 in 2013, establishes a distinct civil commitment process under ORS 426.701 and ORS 426.702 for individuals whose qualifying mental disorders and past acts place others at extreme risk of grave or potentially lethal physical injury. The statute authorizes a district attorney or judge to initiate a commitment proceeding in circuit court when an individual with a qualifying mental disorder is alleged to have committed a qualifying act and the court determines, based on clear and convincing evidence, that the person committed such an act and is extremely dangerous and resistant to treatment. Once committed, the person is placed under the jurisdiction of the Psychiatric Security Review Board (Board) for an initial period of up to 24 months, with additional periods of commitment possible upon the Board’s certification or a hearing by the committing circuit court.

(2) The program is designed to provide individuals with structured supervision, treatment, and oversight by the Board, including the conduct of hearings to determine continued jurisdiction and placement. It establishes a process for conditional release when a person can be safely managed in the community and allows the Board to order a return to a state hospital if necessary. Discharge from the Board’s jurisdiction occurs only when the person no longer meets the statutory criteria. Under those circumstances, a district attorney may also seek further competency evaluation to pursue reindictment of the charges associated with the qualifying act.

History

Statutory/Other Authority: ORS 426.701
Statutes/Other Implemented: ORS 426.701 & ORS 426.702
PSRB 1-2026, amend filed 06/30/2026, effective 07/01/2026
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0010 Rules Applicability

OAR 859-200-0005 through 859-200-0320 apply to a person who a court has civilly committed as an extremely dangerous person with a qualifying mental disorder under ORS 426.701 and who is placed under the jurisdiction of the Psychiatric Security Review Board (PSRB).

History

Statutory/Other Authority: ORS 426.701
Statutes/Other Implemented: ORS 426.701 & ORS 426.702
PSRB 1-2026, amend filed 06/30/2026, effective 07/01/2026
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0015 Copies; Cost of Administrative Rules

State employees may receive a printed copy of Oregon Administrative Rules on request at no cost. Any person not employed by the State of Oregon shall pay $0.25 per page for a printed copy of the Extremely Dangerous Civil Commitments Program Administrative Rules. Oregon Administrative Rules are available electronically at no charge from the Oregon Secretary of State website or from the Psychiatric Security Review Board’s website.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0020 Definitions

(1) “Administrative hearing” means a meeting of the Board where a quorum is present and where the Board considers requests for conditional release, requests for community evaluations or modifications to a person's current conditional release plan. At these hearings, parties are not present and testimony is not taken.

(2) “Administrative meeting” means any public meeting of the Board where a quorum is present for the purpose of considering matters relating to Board policy and administration. Administrative meetings follow Public Meetings Law. Minutes shall be taken during an administrative meeting and distributed to Board members and interested persons. Minutes shall be voted on and approved at subsequent administrative meetings.

(3) “Community evaluation” is a written report ordered by the Board and conducted by a qualified mental health professional from a local mental health program designated by the Board to determine if an individual can be adequately controlled with supervision and treatment if conditionally released and that supervision and treatment are available.

(4) “Commitment county" means the county in which the district attorney filed the initial petition. This is the same as the county in which the person is initially committed as an extremely dangerous person with mental illness under the jurisdiction of the Board.

(5) “Conditional release” means a grant by the court or by the Board for the person to reside outside the state hospital in the community under conditions for monitoring and treatment of the mental disorder resistant to treatment and the mental and physical health of the person.

(6) “Discharge” means that the person is no longer under the jurisdiction of the Board because any of the following occurs:

(a) The Board or Court determines, after a hearing, that the person no longer suffers from affected by a qualifying mental disorder that is resistant to treatment or is no longer extremely dangerous; or

(b) The maximum 24-month period of commitment has expired, and the Board has not certified the person for continued treatment.

(7) "Hearing" means a hearing before the Board to consider any legal matter under its jurisdiction. The parties are provided with an opportunity to be heard, including the submission of evidence and the testimony of witnesses.

(8) “Incident Report” means a report completed by the outpatient supervisor that describes any significant behavioral or mental health changes, serious violations of conditional release requirements, psychotropic medication refusals, or any other information that is relevant to an individual’s ability to be safely managed in a community setting. The incident report should contain the following information:

(a) A description of incident;

(b) A summary of the interventions that were used by community mental health provider staff;

(d) Any recommendations on how to mitigate future incidents, including but not limited to modifications to the individual’s conditional release plan.

(9) “Qualifying Mental Disorder”

(a) Any diagnosis of mental disorder which is a significant behavioral or psychological syndrome or pattern that is associated with distress or disability causing symptoms or impairment in at least one important area of an individual’s functioning.

(b) The term “qualifying mental disorder” excludes an abnormality manifested solely by repeated criminal or otherwise antisocial conduct.

(d) The term "qualifying mental disorder" excludes a diagnosis of an intellectual disability or developmental disability as defined in ORS 427.005.

(10) “Parties” includes the extremely dangerous person with a qualifying mental disorder and the State of Oregon.

(11) “Psychiatric Security Review Board (PSRB)" or "Board" refers to the Senate confirmed members of the PSRB.

(12) “Quorum” means the presence of at least three Board members.

(13) "Outpatient supervisor" or " community case monitor" means the individual whom the Board has designated as supervising the person on conditional release and who is required to report to the Board regarding the person's status.

(14) “State hospital; hospital” means a state hospital operated by the Oregon Health Authority.

(15) “Victim” means the person or persons who have suffered financial, social, psychological or physical harm as a result of one of the acts articulated in ORS 426.701(3)(a)(C) and for whom the extremely dangerous mentally ill person who is under the Board’s jurisdiction. Victims include, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the extremely dangerous mentally ill person be considered a victim.

History

Statutory/Other Authority: ORS 426.701
Statutes/Other Implemented: ORS 426.701 & ORS 426.702
PSRB 1-2026, amend filed 06/30/2026, effective 07/01/2026
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 3-2021, temporary amend filed 06/18/2021, effective 06/21/2021 through 12/17/2021
PSRB 1-2021, amend filed 02/22/2021, effective 02/22/2021
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0025 Board Responsibilities for Extremely Dangerous Person Civil Commitments

The Board shall have as its primary concern the protection of society. In addition, the Board’s responsibilities shall include but not be limited to:

(1) Conducting hearings, as required by law, to determine jurisdictional status and appropriate placement of persons under its jurisdiction.

(2) Overseeing the supervision of persons on conditional release in the community, including approving conditional release and modifying release conditions, as appropriate.

(3) Facilitating the certification process at the conclusion of each commitment period, including making determinations regarding continued jurisdiction and placement.

(4) Developing criteria for the qualification and approval of examiners authorized to conduct evaluations for purposes of hearings before the Board.

(5) Establishing the required content and format of examination reports prepared for use in Board hearings.

History

Statutory/Other Authority: ORS 426.701 & ORS 426.110
Statutes/Other Implemented: ORS 426.701, ORS 426.110 & ORS 426.702
PSRB 1-2026, amend filed 06/30/2026, effective 07/01/2026
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0030 Jurisdictional Criteria

(1) The Board has jurisdiction over persons committed by a circuit court as extremely dangerous persons with a qualifying mental disorder that is resistant to treatment and who continue to meet the jurisdictional criteria set forth under ORS 426.701.

(2) To remain under the Board’s jurisdiction or be certified to a circuit court for another period of commitment, a person must meet all of the following criteria:

(a) The person is at least 18 years old.

(b) The person suffers from a qualifying mental disorder.

(c) The person continues to exhibit symptoms or behaviors of the qualifying mental disorder that are substantially similar to those that preceded the qualifying prior act for which they were committed. For the purposes of this rule, “substantially similar” refers to manifestations of the qualifying mental disorder that reflect a continuing risk to others of the same general nature as that associated with the qualifying act. The symptoms or behaviors need not be identical in form, intensity or presentation.

(d) The person’s qualifying mental disorder is resistant to treatment. A qualifying mental disorder is considered resistant to treatment when the following conditions are met:

(A) The person has received reasonable psychiatric or therapeutic care, including adequate treatment options appropriate to the disorder, or has refused such care; and

(B) Despite the care provided or treatment refusal, the person continues to exhibit significant impairment in their ability to:

(i) make competent decisions; and

(ii) be aware of and control extremely dangerous behavior; and

(e) Because of the qualifying mental disorder that is resistant to treatment:

(A) The person has committed one or more acts listed in ORS 426.701(3)(a)(C). For the purposes of this finding, the Board takes judicial notice of the committing court’s determination that the person committed a qualifying act; and

(B) The person presents a serious danger to the safety of other persons by reason of an extreme risk that the person will inflict grave or potentially lethal physical injury on other persons. For purposes of this rule, “extreme risk” means that, because of the person’s qualifying mental disorder, the risk of future physical harm to others exists in a very high degree; and

(C) Unless committed, the person will continue to represent an extreme risk to the safety of others in the foreseeable future. For purposes of this rule, “foreseeable future” is given its ordinary meaning as a period of time that can be reasonably foreseen based on the available evidence. It is not defined by a fixed duration, but by the period during which the person’s risk of engaging in behavior that poses an extreme risk to others can be anticipated if the person is not committed.

(3) Once committed, the circuit court places the person under the Board’s jurisdiction for 24 months. At the end of the 24-month commitment period, the Board may provide the following certification to the circuit court in the county of original commitment:

(a) The person continues to be extremely dangerous and suffer from a qualifying mental disorder that is resistant to treatment; and

(b) The person can or cannot be adequately controlled in the community with proper care, medication, supervision, and treatment.

History

Statutory/Other Authority: ORS 426.701
Statutes/Other Implemented: ORS 426.701 & ORS 426.702
PSRB 1-2026, amend filed 06/30/2026, effective 07/01/2026
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0035 Administrative meetings

Three concurring votes are needed to make any decision at an administrative meeting.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0040 Public Meetings Law

(1) All hearings and administrative meetings of the PSRB are open to the public in accordance with the Public Meetings Law; the deliberations of the Board are not open to the public. For the purposes of deliberations of the Board, the term “public” does not include employees of the PSRB.

(2) Administrative reviews consist of deliberations only and are therefore not open to the public.

History

Statutory/Other Authority: ORS 161.387, 192.690 & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387, 192.690 & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0045 Records

(1) A record shall be kept of all hearings conducted by the Board related to extremely dangerous persons with mental illness under its jurisdiction. The Board shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the Board.

(2) All PSRB hearings, except Panel deliberations, shall be recorded by manual and/or electronic means which can be transcribed. No other record of Panel hearings shall be made. All documents considered at hearings shall be included as exhibits and kept as part of the record. Any material to which an objection is sustained shall not be considered by the Panel. All objections, motions and rulings shall be noted on the record.

(3) Electronic recordings capable of being transcribed shall be kept by the Board for a minimum period of five years from the hearing date. Recordings shall be transcribed from the recording when an appeal is filed unless the Appeals Court authorizes submission of the hearing recording in lieu of a transcript. Once transcribed, the transcript may be substituted for the original record.

(4) Upon request by a party or a party's attorney, the copy of the electronic recording of the proceedings may be made available at a cost of $5.00. The Board’s Executive Director may waive this fee on a case-by-case basis.

(5) Electronic recordings of a hearing, exhibits, or other documents or other information related to the civil commitment of extremely dangerous persons with mental illness are subject to applicable state and federal confidentiality protections, including but not limited to ORS 192.501 through ORS 192.505.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0046 Appearance at Hearings by Remote Means

(1) Participation via telephone, other two-way electronic communication device, or simultaneous electronic transmission (collectively hereafter, “by remote means”) is permitted at PSRB Hearings.

(a) Either party must request in-person attendance in writing no later than ten (10) business days prior to the scheduled hearing.

(b) Requests for in-person attendance shall contain a basis for the request and some description as to why appearing by remote means is not appropriate for the hearing.

(4) If a hearing is scheduled to occur in-person any party may request the Board order in-person attendance of a witness or person under the jurisdiction of the Board if the written request is made at least 10 business days prior to notice of the hearing. A party needs to give notice to the Board if the party wants in-person presence rather than appearing by remote means of other parties or witnesses. The request shall include the basis or reason for in-person attendance that cannot otherwise be achieved through appearing by remote means.

(5) PSRB Board members may appear by remote means.

(6) Board staff shall ensure that defense counsel can consult with the individual person under the jurisdiction of the Board at any time during a remote hearing in a setting where the attorney-client privilege is not compromised.

(7) The Board will make reasonable accommodations for the known disability of any participant in Board hearings.

History

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022

Or. Admin. R. 859-200-0055 Notice of Hearings; Administrative Reviews

Written notice shall be given to the following persons or entities within a reasonable time prior to any hearing:

(1) The person;

(2) The person's attorney, if represented;

(3) The office of the district attorney of the committing county, or its designee;

(4) The community mental health provider or outpatient supervisor, if the person is on conditional release or being proposed for conditional release;

(5) The victim, if the court or Board finds the victim requests notification;

(6) Hospital staff, if the person resides at an Oregon Health Authority hospital; and

(7) The county mental health agency in the county where the person resides if the person is on conditional release.

History

Statutory/Other Authority: ORS 426.701
Statutes/Other Implemented: ORS 426.701 & ORS 426.702
PSRB 1-2026, amend filed 06/30/2026, effective 07/01/2026
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0060 Notification of state representation other than the District Attorney from the county of commitment

(1) The Board presumes that the district attorney from the county of commitment will represent the State at all PSRB hearings. If another representative or agency is appointed or designated by the district attorney, such as an Assistant Attorney General or the district attorney in the county of current residence, the district attorney of the county of commitment shall notify the Board within 7 days of that appointment.

(2) The district attorney from the county of commitment, or their designee, shall provide the Board with all court orders.

History

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0065 Information Contained in Notice of Hearing

Written notice shall contain the following:

(1) The nature of the hearing and possible outcomes;

(2) The right to appear at the hearing and present evidence;

(3) The right to be represented by legal counsel and, if the person is without funds to retain legal counsel, the right to have the court appoint legal counsel;

(4) The right to subpoena witnesses

(5) The right to cross-examine witnesses who appear at the hearing; and

(6) The right to examine all reports, documents and information that the board considers, including the right to examine the reports, documents and information prior to the hearing if available.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0070 Board Hearing Types and Issues

(1) Initial Hearings

(a) The Board shall conduct an initial hearing following each period of civil commitment ordered by a circuit court under ORS 426.701, no earlier than six (6) months after the commencement of the commitment period, except as described in section (d) of this rule. For each subsequent period of commitment, the Board shall conduct further hearings only upon entry of a new judgment committing the person to the Board’s jurisdiction.

(b) An examiner described in OAR 859-200-0145 shall submit an examination report described in OAR 859-200-0147 no less than sixty (60) days prior to the hearing. If the examiner’s report indicates that the person does not meet the criteria for continued commitment, the district attorney from the committing county may concurrently request that the court in the county where the criminal charges were initiated order an evaluation to determine the person’s fitness to proceed in the criminal case.

(c) At an initial hearing, the Board shall determine whether the person continues to meet jurisdictional criteria. If the Board finds that jurisdictional criteria are not met, the person shall be discharged. If the Board finds that jurisdictional criteria are met, the Board shall determine the appropriate placement, including whether the person should remain in a state hospital, be conditionally released, or whether a community evaluation should be ordered.

(d) For subsequent periods of commitment only, the Board may conduct a hearing prior to the initial hearing upon receipt of a hospital request for conditional release or outpatient supervisor request for modification. If all parties agree, the Board may treat such hearing as the initial hearing and make determinations regarding both jurisdictional criteria and placement. In the absence of agreement by all parties, the hearing shall be limited to issues of placement only and shall not satisfy the requirement to conduct an initial hearing.

(2) Revocation Hearings

(a) A revocation hearing will be held within thirty (30) days of a person’s return to the state hospital as a result of a PSRB Order of Revocation.

(b) At a revocation hearing, the Board's review is limited to the appropriateness of the revocation. The Board shall determine whether the person can be continued on conditional release or should be committed to the state hospital. The Board may also consider a request for evaluation at a revocation hearing.

(3) Hospital Request for Conditional Release Hearings

(a) At any time while a person is committed to the state hospital, the hospital may apply to the Board for conditional release if it is the hospital’s opinion that the person continues to have a qualifying mental disorder that is resistant to treatment and makes the person extremely dangerous, but can be safely managed in the community with proper care, medication, supervision, and treatment.

(b) A hospital request for conditional release must be accompanied by a report from a member of the person’s treatment team outlining the facts supporting the request, as well as a verified conditional release plan. The report shall include relevant information consistent with the examination content requirements set forth in these rules, as necessary to assist the Board in making its determination.

(c) At a hearing on a hospital request for conditional release, the Board's review is limited to determining whether the person can be safely managed in the community and does not reconsider the person’s jurisdictional status, except when the hearing also qualifies as an initial hearing or the request is accompanied by a hospital request for discharge.

(4) Hospital Request for Discharge Hearings

(a) At any time while a person is committed to the state hospital, the hospital may apply to the Board for the person's discharge if it is the hospital’s opinion that the person no longer meets jurisdictional criteria.

(b) An examiner described in OAR 859-200-0145 shall submit an examination report described in OAR 859-200-0147 along with the hospital's request for discharge.

(c) Upon receipt of an examination for the purposes of this hearing type, the district attorney from the committing county may concurrently request that the court in the county where the criminal charges were initiated order an evaluation to determine the person’s fitness to proceed in the criminal case.

(d) At a hearing on a hospital request for discharge, the Board shall determine whether the person continues to meet jurisdictional criteria. If the Board finds that jurisdictional criteria are not met, the person shall be discharged. If the Board finds that jurisdictional criteria are met, the Board shall determine the appropriate placement, including whether the person should remain in a state hospital, be conditionally released, or whether a community evaluation should be ordered.

(5) Outpatient Supervisor Request for Conditional Release Modification Hearings

(a) At any time during the person’s conditional release, the outpatient supervisor may request a hearing to amend or modify the person’s conditions of release by submitting a completed Board Modification Request form.

(b) The request for the hearing shall be accompanied by a proposed Summary of Conditional Release Plan that reflects the requested modifications and new conditions.

(c) At a hearing on a request for conditional release modification, the Board's review is limited to modification(s) being requested and does not reconsider the person’s jurisdictional status, except when the hearing also qualifies as an initial hearing or the request is accompanied by an outpatient supervisor request for discharge. The Board shall determine whether the person can continue to be safely managed in the community with proper care, medication, supervision, and treatment if the proposed modifications are granted.

(d) Modifications to a person's conditional release plan may include: adding conditions to the plan, removing conditions from the plan, and/or changing existing conditions in the plan.

(e) If there is no objection to the outpatient supervisor's requested modification(s), the hearing may be handled by administrative review.

(f) At any time, if either the person or the State objects to the requested conditional release plan modification(s), the person or the State may request a full hearing regarding the requested modification(s) rather than an administrative review.

(6) Outpatient Supervisor Request for Discharge Hearings.

(a) At any time during a person's conditional release, the PSRB case monitor may apply to the Board for the person's discharge if it is the outpatient supervisor's opinion that the person no longer meets jurisdictional criteria.

(b) An examiner described in OAR 859-200-0145 shall submit an examination report described in OAR 859-200-0147 along with the outpatient supervisor's request for discharge.

(c) At the hearing, the Board shall determine whether the person continues to meet jurisdictional criteria. If the Board finds that jurisdictional criteria are not met, the person shall be discharged. If the Board finds that jurisdictional criteria are met, the Board shall determine the appropriate placement, including whether the person should remain conditionally released.

(7) Certification Hearing

(a) Within the last four (4) months of a person's 24-month period of commitment, the Board shall hold a certification hearing to determine whether to certify to the court in the county in which the person was originally committed that the person is still extremely dangerous and suffers from a qualifying mental disorder that is resistant to treatment.

(b) One hundred-twenty (120) days prior to the end of each commitment period, an examiner described in OAR 859-200-0145 with the Oregon State Hospital, or the outpatient supervisor if the person is on conditional release, shall submit an examination report as described in OAR 859-200-0147.

(c) The Board will provide the parties with the examiner's opinion ninety (90) days prior to the end of the commitment period and schedule an administrative review to determine whether to certify the person for a further period of commitment.

(d) If the examiner’s report recommends that the person is not appropriate for another period of commitment, the District Attorney in the commitment county may do either or both of the following:

(A) Request the Board schedule a full hearing and take testimony regarding the issue of certification.

(B) Request an order from the court in the county where the criminal charges were initiated for an evaluation to determine if the person is fit to proceed in the criminal proceeding.

(e) The Board retains the ultimate decision-making authority as to whether or not to certify the person for a further period of commitment.

(A) In a case where the examiner recommends, and the Board decides not to certify the person for a further period of commitment, the PSRB will notify the parties without unreasonable delay.

(B) A person who is not certified for another period of commitment will nonetheless complete their current period of commitment.

History

Statutory/Other Authority: ORS 426.701
Statutes/Other Implemented: ORS 426.701 & ORS 426.702
PSRB 2-2026, amend filed 08/26/2026, effective 09/15/2026
PSRB 1-2026, amend filed 06/30/2026, effective 07/01/2026
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 7-2016, f. & cert. ef 3-17-16
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0071 Discharge Recommendations from the State Hospital or Local Mental Health Facility

(1) If the person had unadjudicated criminal charges at the time of the person’s initial commitment under this section and the state hospital or the state or local mental health facility providing treatment to the person intends to recommend discharge of the person at an upcoming hearing, the superintendent of the state hospital or the director of the facility shall:

(a) Submit an application for hearing requesting a discharge from Board jurisdiction.

(b) The notice shall be accompanied by a written report describing how the person’s qualifying mental disorder is no longer resistant to treatment as defined ORS 426.701(1)(c).

(2) Upon notice to the district attorney of the commitment county that a discharge is being requested, the district attorney may request an order from the court in the commitment county for an evaluation to determine if the person is fit to proceed in the criminal proceeding.

(a) The court may order the state hospital or the state or local mental health facility providing treatment to the person to perform the evaluation. The hospital or facility shall provide copies of the evaluation to the district attorney, the person and the person’s legal counsel, if applicable.

(b) The person committed under this section may not waive an evaluation ordered by the court to determine if the person is fit to proceed with the criminal proceeding.

(3) The Board shall set a full hearing to determine the status of the person’s commitment under the jurisdiction of the Board.

History

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
PSRB 2-2026, amend filed 08/26/2026, effective 09/15/2026
PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022

Or. Admin. R. 859-200-0075 Chairperson Conducting Hearing

During all hearings of the Board, the chairperson or acting chairperson shall preside. The chairperson shall designate the order of presentation and questioning. The chairperson shall also determine the scope of questioning and may set time limits and cut off irrelevant questions and irrelevant or nonresponsive answers.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0080 Person's Right to Review Record; Exceptions

Persons shall receive written notice of the hearing and directly, or through their attorney, a statement of their rights in accordance with ORS 426.701(6)(a). All exhibits to be considered by the Board shall be disclosed to the person's attorney or the person, if proceeding pro se, as soon as they are available:

(1) Exhibits not available prior to the hearing shall be made available to the person's attorney or the person, if not represented, at the hearing.

(2) All material relevant and pertinent to the person and issues before the Board shall be made a part of the record.

(3) Any material not made part of the record shall be separated and a statement to that effect shall be placed in the record.

History

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0085 Evidence Considered; Admissibility

The Board shall consider all evidence available to it which is material, relevant and reliable. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible, including, but not limited to, the following:

(1) The record of civil commitment;

(2) Information supplied by the state's attorney or any interested party, including the person. This may include police reports;

(3) Information concerning the person's mental condition;

(4) The entire psychiatric and criminal history of the person, including motor vehicle records;

(5) Psychiatric or psychological reports;

(6) Jurisdictional reports; or

(7) Testimony of witnesses.

History

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0090 Motion Practice

(1) Prehearing motion practice. Any party bringing a motion before the Board shall submit the motion and memorandum of law to the Board and the opposing party 14 days prior to the hearing date in which the motion will be heard,

(2) During a Board hearing, either party may bring forth a motion to be ruled upon by the Board chairperson or his/her designee.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0095 Objections to Evidence

The chairperson or acting chairperson shall rule on questions of evidence. Hearsay evidence shall not be excluded unless the chairperson or acting chairperson determines the evidence is not material, relevant or reliable.

(1) In determining whether the evidence is material, relevant or reliable, the Board shall consider the following:

(a) The age and source of the documents;

(b) The ability of the witness to have observed and had personal knowledge of the incidents;

(2) The person, the person's attorney or attorney representing the State may object to any evidence. The Board may decide the following:

(a) To sustain the objection and deny the admission and consideration of the evidence on the grounds that it is not material, relevant or reliable;

(b) To overrule the objection and admit the evidence and in considering the weight given to that evidence, consider the reason for the objection; or

(c) To grant a continuance for a reasonable period of time to allow a witness to appear or be subpoenaed to testify about the evidence under consideration.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0100 Testimony Given under Oath

The Board shall take testimony of a witness upon oath or affirmation of the witness administered by the chairperson or acting chairperson at the hearing. Victims who wish to give a victim impact statement at a hearing do not need to be sworn in.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0105 Standards and Burdens of Proof

(1) The standard of proof on all issues at all hearings of the Board under Division 200 shall be preponderance of the evidence.

(2) The State always has the burden of proof for all PSRB hearings and the State has the burden of going forward with the evidence.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0110 Continuance of Hearing

Upon the request of any party or on its own motion, the Board may, for good cause, continue a hearing for a reasonable period of time. When either party requests a continuance, it shall be in writing. The request should also include the other party’s position on the request for continuance.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0115 Waiver of Appearance at Hearings

(1) An extremely dangerous person with mental illness may waive appearance at an initial hearing or certification hearing. The Board will still hold the hearing in the person’s absence.

(2) An extremely dangerous person with mental illness may not waive appearance at a conditional release hearing. If a person does not attend a conditional release hearing, the Board will cancel the hearing and will not consider the conditional release.

History

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0120 Use of Restraints

(1) The Board prefers to have patients appear at hearings without physical restraints. If, in the judgment of the person's physician, the patient might need restraining, the Board prefers to have staff attending the hearing with the patient rather than use of physical restraints. However, the final decision on use of restraints lies with the physician.

(2) Any attorney objecting to the patient appearing with restraints at the hearing may raise the issue and ask for testimony from the physician regarding the necessity for use of restraints.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0125 Quorum; Decisions; Board Member Conflicts

For any Board hearing:

(1) Three concurring votes (affirmative or negative) are required to make a Board decision.

(2) When three members cannot agree on the decision, the hearing may be continued for a reasonable time and the recording of the hearing and the exhibits shall be reviewed by the remaining member(s) and a decision by the majority of the members shall be the finding and order of the Board.

(3) If the attorney for the person objects to the remaining member's or members' review as set forth in section (2) of this rule, the Board may reschedule the matter for a hearing before the entire Board.

(4) If an objection for good cause is made to a specific member of the Board sitting on the panel considering a specific case, that member shall withdraw and, if necessary, the hearing shall be postponed and rescheduled.

(5) If an objection for good cause is made to a specific staff member of the Board being present during the panel’s deliberations in a specific case, and if the Board determines that good cause exists, that staff member shall not be present during deliberations in that case. The Board may, on its own motion, identify a Board member conflict with a case and exclude the Board member from considering any matter related to that case.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0130 Orders of the Board

(1) The Board shall provide a copy of any Board order to those persons listed in OAR 859-200-0055 within 30 days of the conclusion of the hearing or administrative review;

(2) The order of the Board shall be signed by a member of the panel present at the hearing or administrative review;

(3) At full hearings, the Board may issue its decision orally on the record at the hearing;

(4) At full hearings, the formal order of the Board shall contain the findings of fact, conclusions of law, reasons for the decision and notice of the right to appeal under ORS 426.135;

(5) All state, county and local mental health facilities providing treatment to the persons shall comply with Board orders.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0135 Notification of Right to Appeal

At the conclusion of a Board hearing, the chairperson or acting chairperson shall provide the person and attorney with written notification advising of the right to appeal on an adverse decision within 60 days from the date an order is signed.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0140 Patient Appearing Pro Se

(1) When a patient waives the right to be represented by an attorney, the Board may approve an individual’s appearance, pro se, after a record is established that the person is competent to represent himself/herself pro se.

(2) If the Board chair determines the person is not competent, the Board chair or his/her designee shall appoint an attorney to represent the person.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0145 Examiners for Board Proceedings

(1) For hearings before the Board that require an examination report, the Oregon State Hospital or, if on conditional release, the community provider responsible for the person’s care and supervision shall ensure that an examination is conducted and a written report is prepared by an examiner who meets the qualifications set forth in this rule.

(2) For purposes of hearings before the Board, an examiner shall be:

(a) A psychiatrist;

(b) A psychologist; or

(3) The examiner will typically be the licensed medical practitioner responsible for providing the person’s psychiatric care, including prescribing psychiatric medication. If that provider does not meet the qualifications in section (2) of this rule or is not reasonably available, another qualified examiner may be used.

(4) The examiner shall be sufficiently familiar with the person, the purpose of the hearing, and the statutory framework governing the Board’s determinations under ORS 426.701 and 426.702, including the terms and criteria relevant to those determinations, to provide clear and informed written and oral testimony at a hearing before the Board.

(5) The examiner provides professional opinions and may address statutory terms, but shall not make legal conclusions. The Board is responsible for applying the statutory criteria and making the ultimate legal determinations.

(6) The Board may establish minimum training requirements for examiners. Training requirements must be completed by an examiner prior to conducting an examination under these rules.

(7) The attorney representing the state may, at the state’s expense, choose a psychiatrist, psychologist, or psychiatric nurse practitioner to conduct an additional examination of the person for purposes of the proceedings.

History

Statutory/Other Authority: ORS 426.701 & ORS 426.110
Statutes/Other Implemented: ORS 426.701, ORS 426.110 & ORS 426.702
PSRB 1-2026, amend filed 06/30/2026, effective 07/01/2026
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0147 Content of Examination Reports for PSRB Hearings

(1) The requirements in this rule apply to examination reports prepared for use in hearings before the Psychiatric Security Review Board (Board). The examination is conducted to provide clinical and behavioral information to assist the Board in making determinations regarding jurisdiction, certification, placement, and supervision in proceedings before the Board under ORS 426.701 and 426.702. The examiner is not required to provide ultimate legal conclusions or use statutory terminology.

(2) The examination report shall be prepared using a format or template approved by the Board. The Board may prescribe the structure and content of the report to ensure consistency and completeness of information presented for Board review.

(3) The examination shall include information relevant to the person’s mental health condition and behavior in the foreseeable future if the person were not committed, including how the person may function without the structure, supervision, or treatment associated with civil commitment. To the extent possible, the examination will include the following:

(a) The nature, course, and current severity of the person’s qualifying mental disorder, including symptom presentation over time;

(b) The relationship between the qualifying mental disorder and the person’s prior qualifying act, as well as any subsequent serious incidents associated with the qualifying mental disorder;

(c) Whether the person continues to exhibit symptoms or behaviors of the qualifying mental disorder that are substantially similar to those that preceded the qualifying act, including consideration of the type, pattern, and severity of such symptoms or behaviors;

(d) The extent to which the qualifying mental disorder affects the person’s ability to make informed and safe decisions, recognize and understand the relationship between their mental disorder and potential for harmful behavior, and regulate behavior to avoid actions that may pose a risk to the safety of others;

(e) The person’s response to and engagement with treatment, including the type, duration, and outcome of treatment provided, and any history of accepting or refusing treatment;

(f) The extent to which symptoms or impairments associated with the qualifying mental disorder persist despite treatment or in the absence of treatment;

(g) The person’s history of stability or decompensation associated with the qualifying mental disorder under varying levels of supervision, structure, or treatment;

(h) Any conditions, structure, or supports that have affected the manifestation of the qualifying mental disorder, and the extent to which those conditions are expected to continue or be available if the person is not committed;

(i) The extent to which any progress made during commitment is likely to be sustained if the person is not committed;

(j) Protective, stabilizing, or mitigating factors relevant to the person’s behavior, including strengths, skills, insight, treatment gains, support systems, and environmental conditions that reduce the likelihood of behavior that may pose a risk to the safety of others.

(k) Any limitations in the available information or evaluation that may affect the examiner’s observations; and

(l) Any other information the examiner considers relevant to the relationship between the qualifying mental disorder and the person’s potential for behavior that may pose a risk to the safety of others.

(4) The examination shall include information relevant to the Board’s determination of whether the person can be adequately controlled in the community with proper care, medication, supervision, and treatment if conditionally released.

(5) To the extent available, the examination should include:

(a) Current placement, level of care, and privileges;

(b) Stability, compliance, and performance at the current level of care;

(d) Relevant clinical, treatment, or risk review recommendations and whether they have been incorporated;

(e) Risk assessment information supporting community management;

(f) Availability of supports, supervision, and treatment in the community;

(g) Dependence on current placement structure and supports.

(6) The examination shall also provide information relevant to determining whether the person could be controlled in the community with proper care, medication, supervision, and treatment.

(a) If the person currently resides at the Oregon State Hospital, the examination should incorporate information from the person's treatment team, the hospital risk review panel, the psychology department, and other relevant collateral contacts to provide an opinion as to whether the person should remain hospitalized or be considered for conditional release.

(b) If the person is on conditional release, the examination should incorporate information from the person's designated case monitor, treatment team, including residential team, as well as relevant collateral contacts, to assess whether the current level of care, supervision, and treatment remains appropriate or should be modified. Any specific proposed modifications to conditions must be submitted separately using a Board-approved template for modification requests.

History

Statutory/Other Authority: ORS 426.110 & ORS 426.701
Statutes/Other Implemented: ORS 426.110, ORS 426.701, ORS 426.120 & ORS 426.702
PSRB 1-2026, adopt filed 06/30/2026, effective 07/01/2026

Or. Admin. R. 859-200-0148 Examination Submission Requirements

(1) This rule governs the timing for submission of examination reports required for hearings before the Board.

(2) Unless otherwise specified, an examination report required for a hearing under OAR 859-200-0070 shall be submitted no later than fourteen (14) days prior to the scheduled hearing date.

(3) If an examination report includes an opinion that the person may no longer meet jurisdictional criteria, including in connection with a request for discharge under OAR 859-200-0071, the examination shall be submitted no later than forty-five (45) days prior to the hearing date.

(4) An examination report conducted for purposes of certification under ORS 426.702 shall be submitted no later than ninety (90) days prior to the end of the current term of commitment.

(5) If an examination is not submitted in accordance with this rule, the Board may:

(a) Continue the hearing; or

(b) Proceed with the hearing as necessary to comply with applicable time requirements.

History

Statutory/Other Authority: ORS 426.701
Statutes/Other Implemented: ORS 426.701, ORS 426.702 & ORS 426.120
PSRB 2-2026, repeal filed 08/26/2026, effective 09/15/2026
PSRB 1-2026, adopt filed 06/30/2026, effective 07/01/2026

Or. Admin. R. 859-200-0150 Victim's Rights

(1) The Board shall make reasonable efforts to notify victims identified in the commitment order or victims who have requested to be notified of any of the following regarding the extremely dangerous person with mental illness:

(a) Any order;

(b) Hearings;

(d) Discharge;

(e) Move to a temporary placement due to an emergency; and

(f) Escape or unauthorized departure of the extremely dangerous person with mental illness.

(2) Victims may provide oral or written victim impact statements at an individual’s full hearing and written victim impact statements at an individual’s administrative hearing.

(a) Victim impact statements are not considered testimony and will not be taken under oath by the Board.

(b) Victim impact statement are not considered evidence.

(3) Victims may provide a written request for a copy of a person’s recorded hearing on a removeable media storage device at no charge.

(4) Victims are given priority seating at all in-person hearings.

(a) Victims are encouraged to notify Board staff immediately of hearings-day time constraints. The Board considers reasonable scheduling restrictions from victims.

(b) The Board may permit victims to appear by remote means for full hearings.

History

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0200 Court Conditional Release

(1) If a court orders the conditional release of a person it is called a court conditional release.

(2) The Board may review a Court Conditional Release Order at an administrative review. The possible results of the hearing are as follows:

(a) The Board may issue an order continuing the Court Order of Conditional Release;

(b) The Board may issue a modification of the Court Order of Conditional Release when, upon review, elements of the plan have changed, have not been set out in sufficient detail or additional conditions are needed;

(c) The Board may issue an Order of Revocation in accordance with provisions set forth in the revocation rules subsequent hereto; or

(d) The Board may order the person to appear at a full hearing.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0205 Board Order for Evaluation for Conditional Release

(1) All inpatient and outpatient community evaluations must be approved by the Board.

(2) At any time the state hospital may request a community evaluation for community placement of the person. Prior to any such request, hospital staff shall consult with the Board's Executive Director to discuss current bed vacancies. Unlike other civil commitments, the community mental health agency of the commitment county does not identify and approve conditional release placements. All community placements are approved by the Board and its Executive Director.

(3) The request for community placement should identify the community provider and should be accompanied by an updated VRA (Violence Risk Assessment), START (Short Term Assessment of Risk and Treatability), Risk Review Hearing report that addresses conditional release planning privileges, and an updated M.D. Progress Note Update.

(4) If a person is already on conditional release, the PSRB case manager may request that another community provider evaluate the person for possible transfer.

(5) The Board may then consider the request and issue an Order of Evaluation at an administrative review.

(6) Once the Order for Evaluation is signed, PSRB staff will send an exhibit file to the community provider conducting the evaluation within 10 business days; and

(7) The community evaluation report shall be completed within 30 days of the community evaluation interview; and

(8) The community evaluation shall be completed and submitted to the Board within 45 days of receipt of the signed Order for Evaluation.

History

Statutory/Other Authority: ORS 161.387(1) & ORS 426.701
Statutes/Other Implemented: ORS 161.387(1) & 426.701
PSRB 6-2017, amend filed 12/07/2017, effective 12/07/2017
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0210 Responsibility to Prepare a Summary of Conditional Release Plan

(1) When the hospital determines that a person may be ready for conditional release, the hospital staff and the community provider will jointly prepare the conditional release plan and submit it to the Board.

(2) When a person is already on conditional release and there is a request to transfer the person, the receiving PSRB case manager shall prepare and submit the conditional release plan.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0215 Basis for a Finding of Conditional Release

(1) In determining whether an Order of Conditional Release is appropriate, the Board shall have as its goals the protection of the public, the best interests of justice, and the welfare of the individual. The Board may consider the testimony and exhibits at the hearing regarding the person's behavior in the hospital including the person's progress, insight and responsibility taken for the person's own behavior.

(2) If the Board finds the person may be controlled in the community and a verified conditional release plan is approved by the Board, the Board may order the person placed on conditional release.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0220 Elements of the Conditional Release Order

The Board shall consider any or all of the following elements of a conditional release plan and determine which are appropriate and necessary to ensure the safety of the public:

(1) Housing: Housing must be available for the person. The Board may require any type of housing it deems appropriate.

(2) Mental health treatment: Mental health treatment must be available in the community. The Board-approved provider of the treatment must have had an opportunity to evaluate the patient and the proposed conditional release plan and to be heard before the Board. The provider must have agreed to provide the necessary mental health treatment to the patient. The treatment may include: individual counseling, group counseling, home visits, prescription of medication or any other treatment recommended by the provider(s) and approved by the Board.

(3) Reporting responsibility (PSRB Case Manger): An individual must be available to be designated by the Board as having primary reporting responsibility and must have agreed to:

(a) Notify the Board in writing of the patient's progress at least once a month;

(b) Notify the Board promptly of any grounds for revocation;

(d) Coordinate and monitor all elements of the conditional release plan.

(4) Special conditions: Special conditions may be imposed upon recommendation by the individual having primary reporting responsibility and/or recommendation by the parties.

(5) Agreement to conditional release: The person shall agree to and sign a form promising to comply with the general conditions of release. This signed form shall be made a part of the conditional release plan.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0225 Modification or Termination of Conditional Release

(1) Modification or termination of an Order of Conditional Release may be proposed by the state hospital or state or local facility providing treatment to the person, PSRB case manager or his/her designee, a party, or by the Board on its own motion upon a review of the status of the person.

(2) Modifications that add conditions to the current Board order can be made by the PSRB case manager, if necessary, to adequately treat and control the person. The Board shall be notified of modifications that add conditions to the current Board order within one business day of those conditions being imposed on the person so that a modification order can be issued.

(3) The case manager or supervising person does not have the authority to lessen the conditions of release without Board approval.

(4) The individual designated as having primary reporting responsibility shall provide the Board with a written summary of the person's progress, recommendations on future action to be taken and, if possible, shall be present to testify on these issues at a Board full hearing.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0230 Conditional Release Evaluation and Reports

(1) All reports and evaluations received on the person’s fitness for conditional release, modification of conditional release or revocation, and monthly progress shall be made a part of the record in the hearing.

(a) Unauthorized departure;

(b) Arrest;

(d) Repeated refusals to take psychotropic medications or other medications prescribed to manage the person’s mental health;

(e) Psychiatric or medical hospitalization;

(f) Violent or dangerous behaviors; or

(g) Other circumstances deemed to be serious by the reporting party.

History

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0235 Monthly Reporting

(1) The person designated by the Board as having primary reporting responsibility shall submit monthly progress reports no later than the 10th day of the month for the previous month’s progress. These reports shall be submitted on the form provided by and prepared by Board staff.

(2) All serious incidents must be communicated as soon as possible via a phone call to the PSRB’s office during business hours or the PSRB emergency phone after business hours. Serious incidents must be followed-up with a written incident report. A serious incident includes, but is not limited to:

(a) Unauthorized leave;

(b) Arrest;

(d) Repeated refusals to take psychotropic medications or other medications prescribed to manage the person’s mental health;

(e) Psychiatric or medical hospitalization;

(f) Violent or dangerous behaviors; or

(g) Other circumstances deemed to be serious by the reporting party.

History

Statutory/Other Authority: ORS 161.387(1) & ORS 426.701
Statutes/Other Implemented: ORS 161.387(1), ORS 426.701 & ORS 426.702
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0300 Reasonable Grounds for Revocation

(1) If at any time while a person is conditionally released it appears that hospitalization is required, the Board may order the person returned to the state hospital for evaluation or treatment.

(2) The Board will explore all available treatment and supervision options in the community prior to ordering revocation. Reasonable grounds for revocation of a conditional release include, but are not limited to:

(a) The person has violated terms of the conditional release plan or is noncompliant with the conditional release plan;

(b) The person's mental health has changed and the person can no longer be managed in the community setting;

(d) The safety of the person or the public can no longer be managed in the community setting; or

(e) The community resources required by the Conditional Release Order are no longer available.

History

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0305 Order of Revocation; Emergency Order of Revocation; After Hours Revocation Process

(1) Upon the recommendation of the staff of the Psychiatric Security Review Board and receipt of an affidavit recommending revocation based on noncompliance with an order of the Board or a change in the person's conditions of release or mental status, a Board member may order the person returned to a state hospital for evaluation and treatment through an Order of Revocation.

(2) When a Board member is not available and time is of the essence, the executive director of the Psychiatric Security Review Board may issue and execute an emergency Order of Revocation subject to review by a Board member within 72 hours of the execution of the signed order.

(3) If the Board is unavailable to consider a revocation request, the community mental health program director, the director of the facility providing treatment to a person on conditional release, any peace officer, or any individual responsible for the supervision of the person on conditional release may take or request that a person on conditional release be taken into custody if there is reasonable cause to believe the person is an extremely dangerous person with mental illness and presents a serious danger to others because of a mental disorder that is resistant to treatment and the person is in need of immediate care, custody or treatment. The person shall be transferred to the state hospital.

History

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0310 Procedure for Transporting a Revoked Person

(1) After a written or electronic Order of Revocation has been signed by a Board member, the Board Executive Director, or the community mental health program director if the person has absconded from conditional release, the written or electronic order is sufficient warrant for any law enforcement officer to take the person into custody to transport the person as directed by the order.

(a) The written order is not required to be provided to the law enforcement officer taking the person into custody. In the alternative, a LEDS communication by Board staff is sufficient warrant for a law enforcement officer to return the person to the state hospital.

(b) The person shall be returned to the state hospital without undue delay.

(2) A sheriff, municipal police officer, constable, parole or probation officer, prison official or other peace officer shall execute the order.

History

Statutory/Other Authority: ORS 161.387(1) & ORS 426.701
Statutes/Other Implemented: ORS 161.387(1), ORS 426.701 & ORS 426.702
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

Or. Admin. R. 859-200-0315 Emergency Move Exceptions

(1) Nothing in Division 200 prohibits the Board, the community placement, and the Oregon Health Authority from entering into a mutually satisfactory agreement regarding the patient’s temporary placement in the community during an emergency.

(2) In the event of a person’s move to a temporary placement due to an emergency, the PSRB will notify the any victims and the district attorney of the commitment county of the person’s move as soon as practicable.

History

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022

Or. Admin. R. 859-200-0320 Diversity, Equity, and Inclusion

History

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022

Division 300 GUN RELIEF PROGRAM

Or. Admin. R. 859-300-0001 Determination of Sufficient Funding

(1) The Psychiatric Security Review Board has determined that it has received sufficient legislative appropriation or other funding to carry out the provisions of Section One of Oregon Laws 2009, Chapter 826.

(2) The Psychiatric Security Review Board has determined that it has received sufficient legislative appropriation or other funding to carry out the provisions of Section Five of Oregon Laws 2009, Chapter 826.

History

Statutory/Other Authority: ORS 161.387(1); OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1); OL 2009 & Ch. 826 (HB 2853)
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 1-2010(Temp), f. 8-19-10, cert. ef. 8-23-10 thru 2-18-11

Or. Admin. R. 859-300-0010 Rulemaking Procedure; Notice

Prior to the adoption, amendment or repeal of any rule related to the gun relief program, the Psychiatric Security Review Board shall give notice of the intended action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule.

(2) By mailing a copy of the notice to persons on the PSRB's mailing list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule.

(3) By mailing or furnishing a copy of the notice to:

(a) The Associated Press;

(b) Department of Human Services/Oregon Health Authority;

(d) Oregon District Attorneys Association;

(e) Oregon Criminal Defense Lawyers Association;

(f) Attorney General, including the Victim Advocate;

(g) Friends of Forensics;

(h) Disability Rights Oregon;

(i) Capitol Press Room;

(j) National Rifle Association, Oregon Consultant;

(k) Oregon Firearms Federation;

(l) Oregon Judicial Department;

(m) Attorneys for Adult and Juvenile Indigent Clients

(n) Oregon State Police;

(o) Oregon Psychiatric Association;

(p) Oregon Psychological Association;

(q) Oregon State Sheriff’s Association;

(r) Oregon Association Chiefs of Police; and

(s) Designated legislators in accordance with ORS 183.335(15)

History

Statutory/Other Authority: ORS 161.387(1), 183.335(1), (8), OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1), 183.335(1), (8), OL 2009 & Ch. 826 (HB 2853)
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0020 Cost of Administrative Rules

State employees may receive a printed copy of Oregon Administrative Rules on request at no cost. Any person not employed by the State of Oregon shall pay $0.25 per page for a printed copy of the Gun Relief Program Administrative Rules. Oregon Administrative Rules are available electronically at no charge from the Internet Web site of the Oregon Secretary of State.

History

Statutory/Other Authority: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853))
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0030 Definitions

(1) "Dangerous”. A person is dangerous if the person is a threat to himself or others or is likely to inflict harm to self or others.

(2) “Gun Relief Panel” or “Panel”. A three member panel from either the Adult or Juvenile Panel who hears and considers petitions for relief from either a federal ban on transporting, shipping, possessing, or receiving a firearm that occurs as a result of a mental health determination, or a state ban on possessing or purchasing a firearm under ORS 166.250(1)(c)(D) or (E), or 166.470(1)(e) or (f).

(3) “Mental Health Determination”. Any of the following adjudicated mental health findings by a State of Oregon Court:

(a) A finding by a court that a person lacks fitness to proceed under ORS 161.370;

(b) A finding that a person is guilty except for insanity of a crime under ORS 161.295 or responsible except for insanity of an act under ORS 419C.411 or any determination by the Psychiatric Security Review Board thereafter; or

(c) A commitment by a court to the Oregon Health Authority or Department of Human Services, or an adjudication by a court that a person is mentally ill or mentally retarded, under ORS 426.130 or ORS 427.290.

(4) “NICS”. The National Instant Criminal Background Check System maintained by the Federal Bureau of Investigations (FBI) pursuant to the Brady Handgun Violence Prevention Act of 1993 (Pub. L. 103-159, 107 Stat. 1536).

(5) "PSRB” or “Board". The Oregon Psychiatric Security Review Board, including the members of both the Adult and Juvenile Panels.

(6) “Party”. Includes the Department of Human Services/Oregon Health Authority, petitioner and district attorney from the county where the mental health determination was adjudicated.

(7) "Petitioner". Any person who petitions for relief from either a federal prohibition from transporting, shipping, possessing, or receiving a firearm due to a mental health determination or a state prohibition on purchasing or possessing a firearm under ORS 166.250(1)(c)(D) or (E), or 166.470(1)(e) or (f).

(8) “Public Interest”. The interest in protecting society from harm and an individual from self-harm. “Public interest” also includes reducing the impact of crime on victims’ lives. “Public interest” does not include generalized fear of crime and fear of people with mental illness.

(9) "Relief Hearing”. A hearing for petitioners who request relief under Oregon Laws 2009, Chapter 826 from a federal ban on transporting, shipping, possessing, or receiving a firearm that occurs as a result of a mental health determination, or a state ban on possessing or purchasing a firearm under ORS 166.250(1)(c)(D) or (E), or 166.470(1)(e) or (f).

(10) “Victim”. The person or persons who have suffered financial, social, psychological or physical harm as a result of a crime and includes, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the petitioner be considered a victim.

History

Statutory/Other Authority: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853))
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0040 Background and Purpose of Gun Relief Program

(1) The federal Brady Handgun Violence Prevention Act of 1993 (“Brady Act”) prohibits any person from selling or otherwise disposing of any firearm or ammunition to any person who has been involuntarily “committed to a mental institution” (18 U.S.C. Section 922 (d)(4)), or a person that has a mental health determination, and further prohibits any person who has been involuntarily “committed to a mental institution”, or a person that has a mental health determination, from shipping or transporting in interstate or foreign commerce, or possessing in or affecting commerce, any firearm or ammunition; or receiving any firearm or ammunition which has been shipped or transported in interstate or foreign commerce (18 U.S.C. Section 922 (g)(4)).

(2) Oregon Laws 2009, Ch. 826 (HB 2853) requires the PSRB, the Judicial Department, and Oregon Health Authority to locate and transmit the names of people that have a mental health determination to the Department of State Police for inclusion in NICS for the purpose of responding to the NICS queries regarding attempts to purchase or otherwise take possession of firearms, as defined in 18 U.S.C. 921(a)(3).

(3) Oregon Laws 2009, Ch. 826 requires the PSRB to administer a “relief from disabilities” process for persons who are disqualified from transporting, shipping, possessing, or receiving a firearm under federal and certain state laws. If relief is granted, and a petitioner was barred from transporting, shipping, possessing, or receiving a firearm under federal law, the record of relief will be transmitted to the Oregon State Police, who in turn will transmit the record of relief to the federal government for inclusion in the NICS database. If relief is granted, and a petitioner was barred from purchasing or possessing a firearm under either ORS 166.250(1)(c)(D) or (E), or 166.470(1)(e) or (f), the record of relief will be transmitted to the Oregon State Police for inclusion and maintenance in its state databases. The purpose of these administrative rules is to establish the required administrative “relief” process for petitioners to request relief from their respective mental health firearm disqualifiers.

History

Statutory/Other Authority: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853))
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0050 Petition for Relief

(1) An individual who is barred from transporting, shipping, possessing, or receiving a firearm under federal law due to a State of Oregon mental health determination may petition for relief of the firearm bar to the PSRB for the limited purpose of having his or her federal gun rights restored as it pertains only to the mental health determination firearm disqualification.

(2) An individual who is barred from possessing or purchasing a firearm under ORS 166.250(1)(c)(D) or (E), or 166.470(1)(e) or (f), may petition for relief of the firearm bar to the PSRB for the purpose of having his or her state gun rights restored as it pertains only to the firearm disqualification as a result of either a commitment to the Oregon Health Authority or the Department of Human Services under ORS 426.130 or 427.290, or an order of a court under 426.130 after a finding of mental illness that the petitioner is prohibited from purchasing or possessing a firearm as a result of petitioner’s mental illness.

(3) A petition for relief shall be made on forms developed by the PSRB, which shall be available on the PSRB’s public website, e-mail, or through U.S. Mail. The petition for relief shall be submitted in its entirety before a hearing will be scheduled. In addition to the forms provided, the petitioner shall submit:

(a) A certified copy of all mental health records pertaining to the disqualifying mental health determination;

(b) A certified copy of all court records related to the circumstances surrounding the firearms disability. If the county courthouse is unable to locate petitioner’s records, petitioner must obtain a letter from the courthouse records department stating that it is unable to locate the court records related to petitioner’s mental health determination;

(d) An independent forensic mental health assessment performed no more than 90 calendar days prior to submission of the petition for relief to the PSRB. This assessment may not be performed by petitioner’s current or previous mental health provider. The assessment shall be performed by a licensed psychiatrist or psychologist. The assessment shall include, at a minimum, an opinion and a basis for that opinion, of petitioner’s interpersonal violence and self-harm risk. If petitioner has previously been granted judicial gun relief under ORS 166.274, for his or her civil commitment mental health determination prior to August 3, 2009, this independent forensic mental health assessment is not required as a prerequisite for scheduling a hearing. Proof of judicial relief shall be submitted with the petition. This waiver does not bar the Board from later ordering an assessment if deemed appropriate under OAR 859-300-0160.

(4) In addition to the required forms and documents in subsection (3), the petitioner may submit additional information in support of the petition for relief including, but not limited to:

(a) A certified copy of all mental health records detailing the petitioner’s psychiatric history.

(b) A certified copy of medical records from all of the petitioner’s current and former mental health treatment providers, including alcohol/substance abuse providers if the petitioner is receiving or has received such treatment. The records may also include a letter from petitioner’s current treating mental health practitioner, if any. The letter may contain the petitioner’s current medical health diagnosis, a list of psychiatric medicines and dosage, if any, the petitioner is currently prescribed, history of compliance with the medication, and any other information the practitioner deems relevant to petitioner possessing a firearm.

(c) If petitioner is currently on probation/parole for a criminal offense, a letter from the petitioner’s probation/parole officer providing a history of petitioner’s compliance with terms of probation/parole and any other relevant information he or she deems relevant to petitioner’s risk for harm if granted a firearm.

(d) Written evidence of the petitioner’s reputation, such as notarized letters of reference from current and past employers, family members or personal friends or other character evidence.

(5) In addition to submitting a petition and required documents to the PSRB, petitioner shall serve a copy of the petition and required documents on the Department of Human Services/Oregon Health Authority and the district attorney in the county in which the court made the mental health determination.

(6) The petitioner shall ensure that all required information accompanies the petition for relief at the time it is submitted to the PSRB and served on the Department of Human Services/Oregon Health Authority and the district attorney in the county in which the court made the mental health determination.

(7) Failure to provide truthful information in the petition and application materials shall result in denial of the petition.

History

Statutory/Other Authority: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853))
PSRB 3-2011, f. & cert. ef. 12-13-11
PSRB 2-2011(Temp), f. & cert. ef. 7-5-11 thru 12-27-11
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0060 Time Limits; Applying for Relief

Subject to OAR 859-300-0080(3), a petition for relief may not be filed with the Board more than once every two years.

History

Statutory/Other Authority: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853))
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0070 Timing of Relief Hearing

(1) Following receipt of a completed Petition for Relief and all required supporting documents, the Gun Relief Panel shall conduct a relief hearing on the petition within a reasonable time.

(2) The Board will schedule relief hearings at least one day per month unless the Panel determines that there is not sufficient business before the Panel to warrant a hearing at the scheduled time.

History

Statutory/Other Authority: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853))
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0080 Notice of Relief Hearing/Request for Continuance/Withdraw of Petition

(1) Following receipt of the petition, the Board shall provide written notice of the relief hearing to the following persons or agencies within a reasonable time:

(a) Attorney representing the petitioner, if any;

(b) District attorney in which the petitioner resides and the district attorney in the county where petitioner’s mental health determination was adjudicated;

(c) The victim, identified after a reasonable effort is made, associated with the criminal offense that led to the mental health determination, if the court or Panel finds that the victim requests notification;

(d) Department of Human Services/Oregon Health Authority;

(e) The sheriff of the county in which petitioner resides and in the county where petitioner’s mental health determination was adjudicated;

(f) The chief of police where petitioner resides and where petitioner’s mental health determination was adjudicated, if applicable; and

(g) Any other person requesting notification.

(2) Upon the request of any party or on its own motion, the Board may, in its sole discretion, continue a relief hearing to allow the Board or any party to further prepare or obtain additional information or testimony.

(3) If a petitioner withdraws a petition for relief, the notice of withdrawal shall be served in writing on the Board no later than three weeks prior to the scheduled relief hearing date. A petitioner who timely submits a notice of withdraw may re-submit the petition any time after withdrawal.

(4) The Board shall issue a final order by default denying the petition if a petitioner fails to timely serve the Board with a notice of withdraw, or if the petitioner fails to appear at a relief hearing.

History

Statutory/Other Authority: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853))
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0090 Principal Issue Before The Panel/Challenges to the Firearm Disqualification

(1) The sole issue at any Gun Relief hearing shall be whether the petitioner has demonstrated that he or she will not be likely to act in a manner that is dangerous to public safety and that granting the relief would not be contrary to the public interest.

(2) Petitions asserting other grounds for relief, including, but not limited to, erroneously entered mental health determination disqualifications into the NICS database, shall not be heard by the PSRB. Record correction challenges should be directed to the agency that submitted petitioner’s name to the Oregon State Police for entry into the firearm disqualification databases or the Oregon State Police Records Unit or the Federal Bureau of Investigation, Criminal Justice Information Services Division NICS Section.

History

Statutory/Other Authority: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853))
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0100 Quorum and Decisions of Panel

(1) The presence of at least three members of the same Panel constitutes a quorum. Members of both the Juvenile Panel and the Adult Panel may serve as the Gun Relief Panel. Three concurring votes (affirmative or negative) are required to make a Panel decision. When three members cannot agree on the decision, the hearing shall be continued for no longer than 60 days and the recording of the hearing and the exhibits shall be reviewed by the remaining Panel member(s) and a decision by the majority of the members shall be the finding and order of the Panel.

(2) At the outset of each relief hearing, the Panel members shall select one member to be the presiding officer of the relief hearing. The relief hearing shall be conducted by and under the control of the presiding officer. The presiding officer shall designate the order of presentation and questioning, determine the scope of questioning, and may set time limits and terminate irrelevant questions and irrelevant or unresponsive answers. The officer presiding at the hearing shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the presiding officer in the case and the correct application of the law to those facts. The presiding officer also may limit repetitious and cumulative evidence.

History

Statutory/Other Authority: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853))
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0110 Public Meetings Law

(1) All gun relief hearings shall be open to the public in accordance with the Public Meetings Law.

(2) Deliberations of the Panel shall not be open to the public. For the purposes of this subsection, the term “public” does not include PSRB employees or staff.

History

Statutory/Other Authority: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853))
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0120 Records

(1) A record shall be kept of all gun relief hearings. The hearing shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the presiding officer in the case and the correct application of the law to those facts.

(2) All gun relief hearings, except Panel deliberations, shall be recorded by manual or electronic means which can be transcribed. No other record of Panel relief hearings shall be made. All documents considered at relief hearings shall be included as exhibits and kept as part of the record:

(a) Electronic recording capable of being transcribed shall be kept by the Board for a minimum period of two years from the relief hearing date;

(b) The gun relief hearings shall be transcribed from the recording when an appeal is filed. Once transcribed, the transcript may be substituted for the original record;

(c) Any material to which an objection is sustained shall not be considered by the Panel. All objections and all rulings of the gun relief panel on objections and motions shall be noted on the record; and

(d) The electronic recording or transcript of the proceedings shall be made available at cost to a party to the proceedings upon request.

History

Statutory/Other Authority: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853))
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0130 Public Records Law; Confidentiality

The parties shall have the right to review any records to be considered at the relief hearing. All parties and their representative attorneys shall sign confidentiality agreements, as necessary, prior to inspecting or reviewing any records that are made confidential under either state or federal law, including but not limited to medical records, drug and alcohol records, and criminal history information records.

History

Statutory/Other Authority: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853))
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0140 Evidence Considered; Admissibility

The Panel shall consider all evidence available to it which is material, relevant and reliable. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible, including, but not limited to, the following:

(1) All materials or witness testimony submitted by petitioner, including materials or testimony regarding petitioner’s reputation. All witness names must be submitted to the Board at least 10 days prior to the hearing.

(2) Information submitted by the district attorney, Department of Human Services/Oregon Health Authority or interested persons, including victims or elicited by the Panel in the course of hearing.

History

Statutory/Other Authority: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853))
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0150 Motion Practice

Any party bringing a motion before the Panel shall submit five copies of the motion and memorandum of law to the Panel at least 10 days prior to the date of the hearing in which the motion will be heard.

History

Statutory/Other Authority: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853))
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0160 Independent Examination of Petitioner

(1) The PSRB may require that the petitioner undergo an independent forensic mental health assessment in addition to the one submitted by petitioner. The assessment shall include at a minimum, an opinion and a basis for that opinion, of petitioner’s interpersonal violence and self-harm risk. The petitioner shall bear the costs of any independent evaluation and assessment. Failure of petitioner to undergo an assessment ordered by the PSRB will result in denial of the petition for relief.

(2) An attorney representing the state or county may request that the Board require the petitioner to submit to a forensic mental health assessment by a psychiatrist or psychologist. The party requesting this assessment shall bear the costs of the assessment.

(a) The attorney for the state or county shall file a written notice of intent to request an assessment within 10 days from receipt of the petition for relief. The notice shall be served on the Board, petitioner and Department of Human Services/Oregon Health Authority.

(b) The examination shall include an opinion, and a basis for that opinion, as to whether or not the petitioner would be likely to act in a manner dangerous to public safety if relief was granted, including an evaluation of self-harm risk.

History

Statutory/Other Authority: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853))
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0170 Objections to Evidence

The presiding officer shall rule on questions of evidence. All evidence shall be admitted unless the presiding officer determines the evidence is not material, relevant or reliable.

(1) In determining whether the evidence is material, relevant or reliable, the presiding officer shall consider the following:

(a) Whether the evidence is of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs;

(b) The age and source of the documents;

(d) The credibility of the witness and whether the witness has bias or interest in the matter.

(2) Hearsay evidence shall be admissible unless the presiding officer determines that the hearsay evidence is not reliable based upon the quantity and quality of supporting and opposing evidence and on the entire circumstantial setting in which the hearsay evidence is offered. In determining the admissibility of hearsay evidence, the presiding officer shall consider the following factors, including, but not limited to:

(a) The alternative to relying on the hearsay evidence;

(b) The importance of the facts sought to be proved by the hearsay statements to the outcome of the proceeding;

(d) The ability of the party to cross-examine the particular hearsay statements or evidence; and

(e) The consequences to either the party or the Panel of admitting the hearsay evidence.

(3) A party may object to any evidence offered at the relief hearing. The presiding officer shall rule on an objection in the following manner:

(a) To sustain the objection and deny the admission and consideration of the evidence on the grounds that it is not material, relevant or reliable;

(b) To overrule the objection and admit the evidence and in considering the weight given to that evidence, consider the reason for the objection; or

(c) To grant a continuance for a period of time not to exceed 60 days to allow a witness to appear or be subpoenaed to testify about the evidence under consideration.

History

Statutory/Other Authority: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853))
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0180 Witnesses and Documents; Subpoena

(1) Witnesses or documents may be subpoenaed either by a party or upon the Board’s own motion.

(2) A party may request the Board issue a subpoena upon a proper showing of the general relevance and reasonable scope of the documentary, physical, or witness evidence sought. The party requesting that a subpoena be issued by the Board shall be responsible for all costs associated with witness fees and service of the subpoena.

(3) Upon failure of any person, agency or facility to comply with a subpoena issued by the Board, the petitioner, counsel, the Board, or its designated representative may apply to the judge of a circuit court of any county to compel obedience to the subpoena.

History

Statutory/Other Authority: ORS 183.445, 161.395, 161.387(1, OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853))
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0190 Testimony Given on Oath

The Panel shall take testimony of a witness upon oath or affirmation of the witness administered by the presiding officer at the relief hearing.

History

Statutory/Other Authority: ORS 161.387(1); OL2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1); OL 2009 & Ch. 826 (HB 2853)
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0200 Standard and Burden of Proof

(1) The standard of proof at the relief hearing shall be whether petitioner has demonstrated by clear and convincing evidence that the petitioner will not be likely to act in a manner that is dangerous to public safety and that granting the relief would not be contrary to the public interest.

(2) The burden of proof shall be on the petitioner.

History

Statutory/Other Authority: ORS 161.387(1); OL 2009 & Ch. 826 (HB 2853)
Statutes/Other Implemented: ORS 161.387(1); OL 2009 & Ch. 826 (HB 2853)
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0210 Mandatory Personal Appearance

Personal appearance by petitioner is required at all stages of a relief hearing. An appearance by an attorney or personal representative on behalf of a petitioner shall not constitute personal appearance. The petitioner may appear byremote means.

History

Statutory/Other Authority: ORS 161.387, ORS 419C.533 & ORS 166.273
Statutes/Other Implemented: ORS 161.387, ORS 419C.533 & ORS 166.273
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0220 Decisions of the Panel; Final Orders; Appeals

Within 30-days following the conclusion of the relief hearing, or within 30-days of the scheduled date of a relief hearing in the case of default, the Board shall issue a final order or final order by default to the petitioner, the attorney representing the petitioner, the district attorney representing the state, interested persons and the Department of Human Services. Final orders and Final orders by default:

(1) Shall be in writing and signed by a panel member of the relief hearing;

(2) Shall contain the findings of facts, conclusions of law, and the reasons for the decision;

(3) If the relief is granted, shall contain a notice to petitioner that substantially provides:

(a) In cases where a state mental health determination resulted in a ban from transporting, shipping, possessing, or receiving a firearm under federal law, the relief granted only removes the firearm disability imposed under 18 U.S.C. §§ 922(d)(4) and (g)(4), and that the relief granted does not otherwise qualify the petitioner to purchase or possess a firearm, and does not fulfill the requirements of the background check pursuant to the Brady Act (Pub. L. 103-159); or

(b) In cases where the petitioner was barred from purchasing or possessing a firearm under either ORS 166.250(1)(c)(D) or (E), or 166.470(1)(e) or (f), the relief granted does not otherwise qualify the petitioner to purchase or possess a firearm under state law; and

(4) Shall advise the petitioner of the right to appeal an adverse decision to the circuit court of the county that originally made the determination that led to the firearm prohibition and that the petitioner may then take an appeal from the circuit court to the Court of Appeals in accordance with ORS 183.500.

History

Statutory/Other Authority: ORS 161, 183 & 419C
Statutes/Other Implemented: ORS 161.387(1), OL 2007 & Ch.r 889 § 6 (SB 328)
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Or. Admin. R. 859-300-0230 Submission of Final Order of Relief to Oregon State Police

No later than ten days after the date the Board issues a written final order granting relief from the firearms prohibition, the PSRB shall notify the Department of State Police to either transmit the record of the relief granted by the Board to the federal government as required under federal law, or to update or modify its state database(s), as provided by the Department of State Police’s administrative rules.

History

Statutory/Other Authority: ORS 161, 183 & 419C
Statutes/Other Implemented: ORS 161.387(1), OL 2007 & Ch.r 889 § 6 (SB 328)
PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11

Division 400 SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION

Or. Admin. R. 859-400-0001 Background/Purpose of Rules/Applicability

(1) 2013 Oregon Laws, Chapter 708 (HB 2549) as amended by 2015 Oregon Laws, Chapter 820 (HB 2320) creates a new state-wide system that classifies most registered sex offenders in the State of Oregon. After completion of a risk assessment, each registrant will be classified as a 3, 2 or 1. A classification of “3” is considered the highest risk while a classification of “1” is considered the lowest risk. Effective August 12, 2015, the PSRB has new responsibilities under these laws. First, the PSRB or the Board of Parole & Post-Prison Supervision will be classifying all registrants who have been found GEI (guilty except for insanity) and submitting their classification to Oregon State Police. Depending on a registrant’s risk, the PSRB may release information necessary to protect the public concerning the sex offender and Oregon State Police may release information to the public as well. Finally, registrants who meet the eligibility requirements to apply to the PSRB for relief from registration or request reclassification to a lower level may do so beginning December 1, 2018. Division 400 rules will clarify the PSRB’s implementation of these programs.

(2) Division 400 administrative rules do not apply to those found responsible except for insanity (REI) who must register as a sex offender due to that finding.

History

Statutory/Other Authority: ORS 161.387(1), 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549)
Statutes/Other Implemented: ORS 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549)
PSRB 4-2016, f. & cert. ef. 3-17-16
PSRB 1-2015(Temp), f. 10-28-15, cert. ef. 10-29-15 thru 4-25-16

Or. Admin. R. 859-400-0005 Definitions

(1) “Adult male registrant” means a male who was convicted of a sex crime and required to register as a sex offender or who was found guilty except for insanity of a sex crime and required to register as a sex offender, and was at least 18 years of age when he committed the offense.

(2) “BOPPPS” means the Oregon Board of Parole and Post-Prison Supervision.

(3) “Category B registrant” means a person of any sex or any age at the time of crime commission who is required to register as a sex offender based only on a conviction for a Category B sex crime.

(4) “Category B sex crime” means any type of criminal offense within the scope of “Category B offenses” listed in the Static-99 Coding Rules (Revised 2003). These include: consensual sex with other adults in public places, crimes relating to child pornography, indecent behavior without a sexual motive (urinating in public), offering prostitution services, pimping/pandering, seeking/hiring prostitutes and solicitation of a prostitute.

(5) “Conditional Release” means an individual found GEI is under supervision of the PSRB living in the community under a Conditional Release order.

(6) “Discharged” means an individual found GEI is no longer under the supervision of the PSRB.

(7) “Female registrant” means a female who was convicted of a sex crime and required to register as a sex offender or who was found guilty except for insanity of a sex crime and required to register as a sex offender, regardless of her age when she committed the offense.

(8) “Review Officer” means a person designated by the Board to consider objections to a registrant’s risk assessment score and forward those recommendations to the Board.

(9) “OHA” means the Oregon Health Authority.

(10) “Party” includes the Department of Justice, petitioner, and district attorney from the county where the sex offense most recently giving rise to the obligation to report as a sex offender was adjudicated.

(11) "Person Class A misdemeanor” has the meaning assigned to it under OAR 213-003-0001(15)

(12) “Person felony” has the meaning assigned to it under OAR 213-003-0001(14).

(13) "Petitioner" refers to any person who petitions for relief either from the obligation to register as a sex offender, or for reclassification to a lower classification level under ORS 163A.125(1)(b), (2)(b) or (2)(d).

(14) “PSRB” or “Board” means the Psychiatric Security Review Board, including the members of both the Adult and Juvenile Panels.

(15) “Public Interest” is the interest in protecting society from harm and protecting an individual from self-harm. “Public interest” also includes reducing the impact of crime on victims’ lives. “Public interest” does not include generalized fear of crime or fear of people with mental illness.

(16) “Registrant” means a person for whom the event triggering the obligation to make an initial report under ORS 163A.010(3)(a)(A), 163A.015(4)(a)(A), 163A.020(1)(a)(A), 2(a)(A) or (3)(a)(A) has occurred.

(17) "Relief Hearing” is a hearing for petitioners who request relief under ORS 163A.125 either from the obligation to register as a sex offender under ORS163A.125(1)(b), or for reclassification to a lower classification level under ORS 163A.125(2)(b) or (2)(d).

(18) “Sex crime” has the definition contained in ORS 163A.005(5).

(19) “Sex Offender Relief Panel” or “Panel.” Three members from the Board's Adult Panel, which hears and considers petitions for relief either from the obligation to register as a sex offender, or for reclassification to a lower classification level under ORS 163A.125(1)(b), (2)(b) or (2)(d).

(20) “Victim” is the person or persons who has suffered financial, social, psychological or physical harm as a result of an offense and includes, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the petitioner be considered a victim.

(21) “Young male registrant” means an offender who was convicted of a sex crime and required to register as a sex offender or who was found guilty except for insanity of a sex crime and required to register as a sex offender, and who was 17 years of age or younger when he committed the offense. "Young male registrant" does not mean a person solely found responsible except for insanity as a youth.

History

Statutory/Other Authority: ORS 161.387(1), 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549)
Statutes/Other Implemented: 2013 OL, Ch. 708 (HB 2549), ORS 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030 & 163A.200 - 210
PSRB 3-2018, amend filed 11/28/2018, effective 12/01/2018
PSRB 4-2016, f. & cert. ef. 3-17-16
PSRB 1-2015(Temp), f. 10-28-15, cert. ef. 10-29-15 thru 4-25-16

Or. Admin. R. 859-400-0010 Sex Offender Risk Assessment Methodology

(1) Except for the provisions in subsections (3) and (4) of this rule, the PSRB will classify adult male registrants under its jurisdiction or previously under its jurisdiction by the Static-99R. The PSRB will score and place the registrant into one of the following levels:

Level I: Low (Static-99R score of -3 to 3);

Level II: Moderate (Static-99R score of 4 to 5); or

Level III: High (Static-99R score of 6 or higher).

(2) For classification of adult female registrants, category B registrants, and young male registrants, the PSRB will classify using the Level of Services/Case Management Inventory (LS/CMI) as supplemented by an independent sexual offense-specific evaluation report. Based on the score, these registrants will be designated into one of the following levels:

Level I: Low (Score 0 to 10; LS/CMI as supplemented by an independent sexual offense-specific evaluation);

Level II: Moderate (Score 11 to 19; LS/CMI as supplemented by an independent sexual offense-specific evaluation); or

Level III: High (Score 20 or higher; LS/CMI as supplemented by an independent sexual offense-specific evaluation).

(3) If a person found GEI has previously been designated as a sexually violent dangerous offender under ORS 137.765, it will classify that person as a Level III sex offender.

(4) If a person found GEI has previously been designated as a predatory sex offender between February 10, 2005 and December 31, 2013, the Board will classify the registrant as a Level III sex offender.

(5) The PSRB will classify a registrant who refuses or fails to participate in a sex offender risk assessment as a Level III sex offender unless the assessment can effectively be completed without the registrant’s participation.

History

Statutory/Other Authority: ORS 161.387(1) & 163A.005-163A.020
Statutes/Other Implemented: ORS 163A.005 & 163A.020
PSRB 4-2016, f. & cert. ef. 3-17-16
PSRB 1-2015(Temp), f. 10-28-15, cert. ef. 10-29-15 thru 4-25-16

Or. Admin. R. 859-400-0015 Classifying Agency/Sharing of Records

(1) The PSRB will complete the risk assessment for PSRB GEI registrants who are required to register for the first time after August 12, 2015. For registrants who registered on or before this date, the PSRB may complete the assessment and notification process or assist BOPPPS with its classification process.

(2) The PSRB will work collaboratively with BOPPPS to ensure that GEI registrants who do not fall under subsection (1) of this rule are classified. If needed, the PSRB will provide BOPPPS the PSRB records necessary to complete the assessment.

History

Statutory/Other Authority: ORS 161.387(1), 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549)
Statutes/Other Implemented: ORS 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549)
PSRB 4-2016, f. & cert. ef. 3-17-16
PSRB 1-2015(Temp), f. 10-28-15, cert. ef. 10-29-15 thru 4-25-16

Or. Admin. R. 859-400-0020 Timelines for Classifying Registrants

(1) When a person found GEI of a crime described in ORS 163.355 to 163.427 is committed to a hospital designated by the Oregon Health Authority and placed under PSRB jurisdiction, the PSRB will conduct the risk assessment of the person using the risk assessment methodology in 859-400-0010. For those who are discharged or placed on conditional release after August 12, 2015, this assessment will take place no later than 60 days of the registrant’s discharge or conditional release.

(2) For a person described in ORS 163A.105 who was found GEI of a crime described in ORS 163.355 to 163.427 and whose initial obligation to register occurred between January 1, 2014 and August 12, 2015, the PSRB will consult and assist BOPPPS to ensure the risk assessment—using the risk assessment methodology under 859-400-0010—is completed as soon as practicable.

(3) For a person described in ORS 163A.105 who was found GEI of a crime described in ORS 163.355 to 163.427 and whose initial obligation to register occurred prior to January 1, 2014, the PSRB will consult and assist BOPPPS to ensure the risk assessment of the person utilizing the risk assessment methodology in 859-400-0010 is completed as soon as practicable.

History

Statutory/Other Authority: ORS 161.387(1), 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549)
Statutes/Other Implemented: ORS 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549)
PSRB 4-2016, f. & cert. ef. 3-17-16
PSRB 1-2015(Temp), f. 10-28-15, cert. ef. 10-29-15 thru 4-25-16

Or. Admin. R. 859-400-0025 Failure of Registrant to Participate in the Risk Assessment/Failure to Provide Information for Assessment

(1) If the PSRB cannot complete the risk assessment using its written exhibit file, it may request in writing that the registrant provide additional information to aid in the completion of the assessment.

(2) The PSRB will use the registrant’s current address located in the Oregon State Police Sex Offender Registry or PSRB’s records—if the registrant is under the PSRB’s jurisdiction—to communicate with the registrant when seeking additional information.

(3) Failure to participate in the assessment or respond to PSRB’s request for information may cause the registrant to be classified at a higher level if the PSRB cannot confirm the information through another source or if the missing information is critical to determining a final score.

History

PSRB 4-2016, f. & cert. ef. 3-17-16
PSRB 1-2015(Temp), f. 10-28-15, cert. ef. 10-29-15 thru 4-25-16

Or. Admin. R. 859-400-0030 Procedures for Classifying and Notifying Adult Male Registrants

(1) The procedures contained in this administrative rule apply to all male offenders who are required to register as sex offenders and who were at least 18 years of age when they committed the offense that created the obligation to register.

(2) The assessing agency will provide the registrant the Static-99R score, the completed Static-99R assessment, a Notice of Rights form and a Written Objections form.

(3) Following the notification in subsection (2), the following applies if the registrant waives objections to the Static-99R score:

(a) If the registrant’s obligation to register occurred on or after January 1, 2014, the registrant will forward the Notice of Rights form indicating the registrant’s waiver to the PSRB within 20 (twenty) calendar days after the mailing date on the Notice of Rights.

(b) If the registrant’s obligation to register occurred before January 1, 2014, the registrant will forward the Notice of Rights form indicating the registrant’s waiver to the PSRB within 60 (sixty) calendar days after the mailing date on the Notice of Rights.

(d) The PSRB will notify the Department of State Police of the results of the risk assessment and final classification within three business days of the date of the final classification.

(4) Following the notification in subsection (2), the following applies if a registrant submits written objections to the Static-99R score:

(a) If the registrant’s obligation to register occurred on or after January 1, 2014, the registrant must submit his Static-99R assessment, the Notice of Rights form and any Written Objections to the Static-99R score within 20 (twenty) calendar days after the mailing date on the Notice of Rights.

(b) If the registrant’s obligation to register occurred before January 1, 2014, the registrant must submit his Static-99R assessment, the Notice of Rights form and any Written Objections to the Static-99R score to the PSRB within 60 (sixty) calendar days after the mailing date on the Notice of Rights.

(c) Objections that are not submitted within these timelines will not be reviewed and the PSRB will proceed to final classification.

(d) Verbal objections will not be considered by the PSRB or Review Officer.

(e) Upon receipt of any timely submitted written objections, a Review Officer will conduct a review of the Static-99R score and supporting documents. The Review Officer will verify the accuracy of each point awarded on the Static-99R and prepare a memo that responds to the registrant’s written objections. The Review Officer’s review will detail the finding of the Static-99R and make a determination as to whether the registrant’s Static-99R score is accurate or should be changed. Upon completing the review, the Review Officer will submit to the PSRB, a memo detailing the review, as well as any information considered by the Review Officer.

(f) The PSRB will review the Review Officer’s memo and will order the final classification level based on the Static-99R score and notify the Department of State Police of the results of the risk assessment within 3 (three) business days of the date of the final classification.

(5)(a) A registrant who refuses to participate in the notice of rights process shall be considered to have waived objections to the Static-99R score. Refusal to participate includes failure to submit a waiver or written objection.

(b) If, following the notification in subsection (2), the registrant’s response time has lapsed, the PSRB will notify the Department of State Police of the results of the risk assessment and final classification within three business days of the date of the final classification.

(6) The PSRB’s classification decision shall be final. The PSRB’s classification decision is not subject to review under ORS 161.327(7).

History

Statutory/Other Authority: ORS 161.387(1), 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549)
Statutes/Other Implemented: ORS 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549)
PSRB 4-2016, f. & cert. ef. 3-17-16
PSRB 1-2015(Temp), f. 10-28-15, cert. ef. 10-29-15 thru 4-25-16

Or. Admin. R. 859-400-0035 Procedures for Classifying and Notifying Young Male Registrants, Female Registrants, and Category B Registrants

(1) These procedures apply to registrants for whom the Static-99R is not an appropriate assessment methodology as outlined in OAR 859-400-0010.

(2) With the cooperation of the Oregon State Hospital and community mental health agencies, the PSRB will identify young male registrants, female registrants, and Category B registrants found guilty except for insanity. This may include discharged PSRB clients.

(3) The Board will notify young male registrants, female registrants, and Category B registrants of the registrant’s obligation to participate in the assessment and evaluation processes, the registrant’s option to request a review of the assessment and evaluation, and the Board’s final review of the review and evaluation report.

(4) Subject to the risk assessment methodology set forth in these administrative rules, the Board will classify young male registrants, female registrants, and Category B registrants based on the LS/CMI and findings from an independent sexual offense-specific evaluation performed by a qualified licensed provider to conduct sexual offense risk assessments. The independent evaluator will provide the Board with a written report stating the recommended sex offender classification and notification level, and will provide information regarding the registrant’s risk for sexual re-offense. The evaluator should weigh the LS/CMI score when recommending a sex offender classification and notification level based on the sexual offense-specific evaluation.

(5) The Board will provide the registrant with a copy of the completed LS/CMI assessment, the independent sexual offense-specific evaluation report, the Notice of Rights form and the Written Objections form.

(6) Following notification in subsection (5), the following timelines apply for a registrant to waive objections:

(a) If the registrant’s obligation to register occurred on or after January 1, 2014 and the registrant waives the right to submit written objections to the LS/CMI score and evaluation report, the registrant will forward the Notice of Rights form indicating the registrant’s waiver to the Board within 20 (twenty) calendar business days after the mailing date on the Notice of Rights.

(b) If the registrant’s obligation to register occurred before January 1, 2014 and the registrant waives the right to submit Written Objections to the LS/CMI score and evaluation report, the registrant will forward the Notice of Rights form indicating the registrant’s waiver to the Board within 60 (sixty) calendar days after the mailing date on the Notice of Rights.

(d) The PSRB will notify the Department of State Police of the results of the risk assessment and final classification within three business days after the final classification.

(7) Following the notification in subsection (5), the following timelines apply for a registrant to submit written objections:

(a) If the registrant’s obligation to register occurred on or after January 1, 2014, the registrant must submit the LS/CMI, evaluation report, Notice of Rights and any written objections to the assessment and evaluation findings to the Board within 20 (twenty) calendar days after the mailing date on the Notice of Rights.

(b) If the registrant’s obligation to register occurred before January 1, 2014, the registrant must submit any written objections to the assessment and evaluation findings within 60 (sixty) calendar days after the mailing date on the Notice of Rights.

(c) Objections that are not submitted within these timelines will not be reviewed, and the Board will proceed to final classification.

(d) Upon the PSRB’s receipt of the written objections, a Review Officer will complete a review of the LS/CMI score, evaluation, and supporting documents. The review will verify the information, and the Review Officer will prepare a memo responding to the written objections, detail the finding of the evaluator, and make a determination as to whether the registrant’s LS/CMI score is accurate or should be changed.

(e) If the score places the registrant in Level I or Level II, the Review Officer will provide this memo to the PSRB along with any information considered.

(f) If the score places the registrant in Level III, the Review Officer will schedule a hearing with the registrant. The following procedures shall apply:

(A) The Review Officer will provide the registrant with the documentation submitted for review 14 days before the hearing.

(B) At the hearing, the registrant may present additional evidence or information regarding the LS/CMI score and evaluator’s report.

(D) A registrant’s refusal to participate in the hearing shall be considered a waiver.

(E) The PSRB will review the Review Officer’s memo. The Board will order the classification level based on the LS/CMI score, evaluator’s report, and any additional findings and memorandum made by Review Officer, and will notify the Department of State Police of the registrant’s final classification within three business days of the date the Board makes its final classification.

(8)(a) A registrant who refuses to participate in the notice of rights process shall be considered to have waived objections to the LS/CMI score and evaluation report. Refusal to participate includes failure to submit a waiver or written objection.

(b) If, following notification in subsection (3), the registrant’s response time has lapsed, the PSRB will notify the Department of State Police of the results of the risk assessment and final classification within three business days of the date of the final classification.

(9) The PSRB’s classification decision shall be final. The PSRB’s classification decision is not subject to review under ORS 161.327(7).

History

Statutory/Other Authority: ORS 161.387(1), 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549)
Statutes/Other Implemented: ORS 163A.010 - 163A.025, 163A.035 - 163A.040, 163A.100 - 163A.115, 163A.030, 163A.200 - 210, 2013 OL & Ch. 708 (HB 2549)
PSRB 4-2016, f. & cert. ef. 3-17-16
PSRB 1-2015(Temp), f. 10-28-15, cert. ef. 10-29-15 thru 4-25-16

Or. Admin. R. 859-400-0040 Releasing Information to the Public and Law Enforcement

(1) The PSRB will review all requests for information concerning a specific sex offender or sex offenders who reside in a specific area on a case by case basis to determine what, if any, information is in the public interest to release.

(2) The PSRB has the authority to release any information to law enforcement and the public it deems necessary to protect the public in accordance with ORS 161.835. The Board will release information on a case by case basis and release the minimum information necessary to achieve the goal of reasonable public safety.

(3) When the PSRB discharges a registrant who has been determined to be at a Level III, the Board will notify the Department of State Police and request that if the person was not already on the public website maintained by the department, that they be added in accordance with ORS 163A.215(3).

(4) When the PSRB discharges any level registrant, the Board or its designee will evaluate whether notification of those listed in ORS 163A.215(2)(b) is appropriate. This may include requesting that a registrant be included on the public website regardless of their classification level.

History

Statutory/Other Authority: ORS 161.387(1) & 163A.215
Statutes/Other Implemented: ORS 163A.215
PSRB 4-2016, f. & cert. ef. 3-17-16
PSRB 1-2015(Temp), f. 10-28-15, cert. ef. 10-29-15 thru 4-25-16

Or. Admin. R. 859-400-0045 Requests for Reclassification/Relief

(1) Beginning on December 1, 2018, registrants who meet certain criteria may petition the PSRB to reclassify them to a lower classification level and/or request relief from the obligation to report as a sex offender as provided in ORS 163A.125.

(2) The PSRB will develop administrative rules in preparation for implementation of a reclassification and relief program no later than October 1, 2018.

History

Statutory/Other Authority: ORS 161.387(1) & 163A.010 - 163A.025 & 163A.035 - 163A.125
Statutes/Other Implemented: ORS 163A.125
PSRB 4-2016, f. & cert. ef. 3-17-16
PSRB 1-2015(Temp), f. 10-28-15, cert. ef. 10-29-15 thru 4-25-16

Or. Admin. R. 859-400-0050 Petition for Relief

(1) An individual classified as a sex offender under ORS 163A.010, 163A.015, or 163A.020 and eligible to petition the Psychiatric Security Review Board may file a petition for relief or reclassification as follows:

(a) for relief, under ORS 163A.125 (1)(b), from the obligation to report or;

(b) for reclassification under ORS 163A(2)(b) or (2)(d)

(2) A petition for relief shall be made on forms developed by the PSRB, which shall be available on the PSRB’s public website, e-mail, or through U.S. Mail. The petition for relief shall be submitted in its entirety before a hearing will be scheduled. In addition to the forms provided, the petitioner shall submit supporting documentation as follows:

(a) A certified copy of all court records related to the circumstances giving rise to the obligation to report as a sex offender. If the county courthouse is unable to locate petitioner’s records, petitioner must obtain a letter from the courthouse records department stating that it is unable to locate the court records related to petitioner’s sex offender reporting obligation;

(b) A certified copy of petitioner’s national criminal history, including juvenile adjudications, if present;

(i) The nature of and degree of violence involved in the offense or offenses that require reporting;

(ii) The age and number of victims of the offense or offenses requiring reporting;

(iii) The age of the petitioner at the time of the offense or offenses that require reporting;

(iv) The length of time since the offense or offenses that require reporting;

(v) The length of time following the offense or offenses requiring reporting during which the petitioner has not reoffended.

(vi) The person’s performance on supervision for the offense or offenses that require reporting;

(vii) Whether the person has participated in or successfully completed a court-approved sex offender treatment program or any other rehabilitative programs;

(viii) The petitioner’s stability in employment and housing;

(ix) The petitioner’s community and personal support system;

(x) Other criminal and relevant noncriminal behavior of the petitioner both before and after the offense or offenses requiring reporting; and

(xi) Any other factors relevant in determining petitioner’s anticipated likelihood of reoffending and effect on public safety.

(3) In addition to the required forms and documents in subsection (2), the petitioner may submit additional information in support of the petition for relief including, but not limited to:

(a) A certified copy of all mental health records detailing the petitioner’s psychiatric history.

(b) A certified copy of medical records from all of the petitioner’s current and former mental health treatment providers, including sex offender treatment providers if the petitioner is receiving or has received such treatment. The records may also include a letter from petitioner’s current treating mental health practitioner, if any. The letter may contain the petitioner’s current medical health diagnosis, a list of psychiatric medicines and dosage, if any, the petitioner is currently prescribed, history of compliance with the medication, and any other information the practitioner deems relevant to petitioner’s risk for committing another sex offense.

(c) If petitioner is currently on probation/parole for a criminal offense, a letter from the petitioner’s probation/parole officer providing a history of petitioner’s arrests and/or convictions for sex offenses, person felonies, or person Class A misdemeanors.

(4) In addition to submitting a petition and required documents to the PSRB, petitioner shall serve a copy of the petition and required documents on the Oregon Department of Justice and the district attorney in the county that adjudicated the sex offense most recently giving rise to the petitioner’s obligation to report as a sex offender.

(5) The petitioner shall ensure that all required information accompanies the petition for relief at the time it is submitted to the PSRB and served on the Department of Justice and the district attorney in the county that adjudicated the sex offense most recently giving rise to the petitioner’s obligation to report as a sex offender.

(6) Providing false information, or failure to provide truthful information, in the petition and application materials, shall result in denial of the petition.

History

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Or. Admin. R. 859-400-0060 Time Frame

An individual may file a petition for relief with the Board according to time frames outlined in ORS 163A.125.

History

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Or. Admin. R. 859-400-0070 Timing of Relief Hearing

(1) Within forty-five (45) days following receipt of a completed Petition for Relief and all required supporting documents, Board staff will schedule a relief hearing. The Sex Offender Relief Panel shall conduct the relief hearing on the petition within a reasonable time.

(2) The Board will schedule relief hearings at least one day per month unless the Panel determines that there is not sufficient business before the Panel to warrant a hearing on the scheduled day.

History

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Or. Admin. R. 859-400-0080 Notice of Relief Hearing/Request for Continuance/Withdrawal of Petition

(1) Following receipt of the petition, the Board shall provide written notice of the relief hearing to the following persons or agencies within a reasonable time:

(a) Attorney representing the petitioner, if any;

(b) The Attorney General’s Office;

(i) The petitioner was convicted or found Guilty Except for Insanity in Oregon, the district attorney in the county where petitioner’s sex crime was adjudicated; or

(ii) The petitioner was convicted or found Guilty Except for Insanity in a United States Court outside Oregon, the district attorney of the county in which the petitioner resides.

(d) The victim of the petitioner’s sex crime or offenses identified after a reasonable effort is made, if the court or Panel finds that the victim requests notification;

(e) The sheriff of the county in which petitioner resides;

(f) The chief of police where petitioner resides, if applicable; and

(g) Any other person requesting notification.

(3) If a petitioner withdraws a petition for relief, the notice of withdrawal shall be served in writing on the Board no later than three weeks prior to the scheduled relief hearing date. A petitioner who submits a notice of withdraw according to the time frame outlined in this subsection may re-submit the petition any time after withdrawal.

(4) If a petitioner fails to serve the Board with a notice of withdrawal in a timely fashion, or if the petitioner fails to appear at a relief hearing, the Board shall issue a final order by default denying the petition.

History

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Or. Admin. R. 859-400-0090 Principal Issue before the Panel/Challenges to Initial Sex Offender Risk Score

(1) The issue at any sex offender relief hearing shall be whether the petitioner has demonstrated by clear and convincing evidence that he or she is statistically unlikely to reoffend, and does not pose a threat to public safety.

(2) Petitions asserting other grounds for relief, including, but not limited to, errors in the scoring tool or by those who conducted the initial sex offender classification review, shall not be heard by the Sex Offender Relief Panel. Review challenges may only be taken as set forth in section 31, chapter 442, Oregon Laws 2017 (4)(a).

History

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Or. Admin. R. 859-400-0100 Quorum and Decisions of Sex Offender Relief Panel

(1) The presence of at least three Adult Panel members of the PSRB constitutes a quorum. Any three members of the Board's Adult Panel may make up the Sex Offender Relief Panel. Three concurring votes (affirmative or negative) are required to make a Panel decision. When three members cannot agree during deliberationsabout a hearing outcome, the hearing may be continued for no longer than 60 days. The recording of the hearing and the exhibits shall be reviewed by the remaining Panel member(s), and a decision by the majority of the Panel members will be the finding and order of the Panel.

(2) At the outset of each relief hearing, the Panel members shall select one member to be the presiding officer of the relief hearing. The relief hearing shall be conducted by and under the control of the presiding officer. The presiding officer shall designate the order of presentation and questioning, determine the scope of questioning, and may set time limits and terminate irrelevant questions and irrelevant or unresponsive answers. The presiding officer shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the presiding officer in the case and the correct application of the law to those facts. The presiding officer also may limit repetitious and cumulative evidence.

History

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Or. Admin. R. 859-400-0110 Public Meetings Law

(1) All sex offender relief hearings shall be open to the public in accordance with the Public Meetings Law.

(2) Deliberations of the Panel shall not be open to the public. For the purposes of this subsection, the term “public” does not include PSRB employees or staff.

History

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Or. Admin. R. 859-400-0120 Records

(1) A record shall be kept of all sex offender relief hearings. The hearing officer shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for proper consideration of all issues before the presiding officer in the case and the correct application of the law to those facts.

(2) All sex offender relief hearings, except Panel deliberations, shall be recorded by manual or electronic means which can be transcribed. No other record of Panel relief hearings shall be made. All documents considered at relief hearings shall be included as exhibits and kept as part of the record:

(a) An electronic recording capable of being transcribed shall be kept by the Board for a minimum period of two years from the relief hearing date;

(b) The sex offender relief hearings shall be transcribed from the recording when an appeal is filed. Once transcribed, the transcript may be substituted for the original record;

(c) Any material to which an objection is sustained shall not be considered by the Panel. All objections and all rulings of the Sex Offender Relief Panel on objections and motions shall be noted on the record; and

(d) The electronic recording or transcript of the proceedings shall be made available at cost to a party to the proceedings upon request.

History

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Or. Admin. R. 859-400-0130 Confidentiality

The parties shall have the right to review any records to be considered at the relief hearing. All parties and their representative attorneys shall sign confidentiality agreements, as necessary, prior to inspecting or reviewing any records that are made confidential under either state or federal law, including but not limited to: medical records; drug and alcohol records; and criminal history information records.

History

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Or. Admin. R. 859-400-0140 Evidence Considered; Admissibility

(2) Information submitted by the district attorney or other interested persons, including victims, or elicited by the Panel in the course of hearing.

History

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Or. Admin. R. 859-400-0150 Motion Practice

History

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Or. Admin. R. 859-400-0160 Independent Examination of Petitioner

(1) The PSRB may require that the petitioner undergo an independent psychosexual assessment in addition to any submitted by petitioner. The assessment shall include, at a minimum, an opinion and a basis for that opinion, of the petitioner’s risk of recidivism, and shall discuss any efforts on the petitioner's part to engage in rehabilitative treatment. The petitioner shall bear the costs of any independent evaluation and assessment. Failure of petitioner to undergo an assessment ordered by the PSRB will result in denial of the petition for relief.

(2) An attorney representing the state or county may request that the Board require the petitioner to submit to a forensic mental health assessment by a psychiatrist or psychologist. If granted, the party requesting the assessment shall bear its costs.

(b) The examination shall include an opinion, and a basis for that opinion, as to whether the petitioner is statistically unlikely to reoffend, and whether the petitioner poses a threat to the safety of the public were the Panel to grant relief.

History

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Or. Admin. R. 859-400-0170 Objections to Evidence

The presiding officer shall rule on questions of evidence. All evidence shall be admitted unless the presiding officer determines the evidence is not material, not relevant, or not reliable.

(1) In determining whether the evidence is material, relevant, or reliable, the presiding officer shall consider the following:

(a) Whether the evidence is of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs;

(b) The age and source of the documents;

(d) The credibility of the witness and whether the witness has bias or interest in the matter.

(a) The alternative to relying on the hearsay evidence;

(b) The importance to the outcome of the proceeding of the facts sought to be proved by the hearsay statements;

(d) The ability of the party to cross-examine the particular hearsay statements or evidence; and

(e) The consequences to either the party or the Panel of admitting the hearsay evidence.

(3) A party may object to any evidence offered at the relief hearing. The presiding officer shall rule on an objection in the following manner:

(a) To sustain the objection and deny the admission and consideration of the evidence on the grounds that it is not material, relevant or reliable;

(b) To overrule the objection and admit the evidence and in considering the weight given to that evidence, consider the reason for the objection; or

(c) To grant a continuance for a period not to exceed 60 days to allow a witness to appear or be subpoenaed to testify about the evidence under consideration.

History

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Or. Admin. R. 859-400-0180 Witnesses and Documents; Subpoena

(1) Witnesses or documents may be subpoenaed either by a party or upon the Board’s own motion.

History

Statutory/Other Authority: ORS 183.445, ORS 161.395, ORS 161.387(1) & ORS 163A.125
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Or. Admin. R. 859-400-0190 Testimony Given on Oath

The Panel shall take testimony of a witness upon oath or affirmation of the witness administered by the presiding officer at the relief hearing.

History

Statutory/Other Authority: ORS 161.387(1)
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Or. Admin. R. 859-400-0200 Standard and Burden of Proof

(1) The standard of proof at the relief hearing shall be whether petitioner has demonstrated by clear and convincing evidence that the petitioner:

(a) is statistically unlikely to reoffend; and

(b) does not pose a threat to the safety of the public.

(2) The burden of proof shall be on the petitioner.

History

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Or. Admin. R. 859-400-0210 Mandatory Personal Appearance

History

Statutory/Other Authority: ORS 163A.105, ORS 161.387 & ORS 419C.533
Statutes/Other Implemented: ORS 163A.105, ORS 161.387 & ORS 419C.533
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Or. Admin. R. 859-400-0220 Decisions of the Panel; Final Orders; Re-application

(1) Within 30-days following the conclusion of the relief hearing, or within 30-days of the scheduled date of a relief hearing in the case of default, the Board shall issue a final order or final order by default to the petitioner, the attorney representing the petitioner, and the assistant attorney general or district attorney representing the state. Final orders or final orders by default:

(a) Shall be in writing and signed by a panel member from the relief hearing;

(b) Shall contain the findings of fact, conclusions of law, and the reasons for the decision;

(c) If reclassification to a lower level sex offender status is granted, shall contain a notice to petitioner that substantially provides notice of either

(i) the date on which the petitioner may next request reclassification to a lower level; or.

(ii) In the case of a petitioner granted reclassification from level three to level two, that no further reclassification will be possible for the petitioner; and

(2) If the petition is denied, Petitioner may re-apply for relief, pursuant to OAR 859-400-0050, beginning 24 months following the date of the final order.

History

Statutory/Other Authority: ORS 161, 183 & 419C
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Or. Admin. R. 859-400-0230 Submission of Final Order of Relief to Oregon State Police

No later than ten days after the date the Board issues a written final order granting relief from reporting as a sex offender or reclassification of a sex offender, the PSRB shall notify the Department of State Police to update or modify its state database(s) to reflect the Panel’s order, as provided by the Department of State Police’s administrative rules.

History

Statutory/Other Authority: ORS 161.387(1), ORS 183 & ORS 163A.125
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018

Division 501 JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD RULEMAKING PROCEDURES

Or. Admin. R. 859-501-0005 Notice

Prior to the adoption, amendment or repeal of any rule, the Psychiatric Security Review Board shall give notice of the intended action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule;

(2) By mailing a copy of the notice to persons on the PSRB's mailing list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule;

(3) By mailing or furnishing a copy of the notice to:

(a) The Associated Press;

(b) Department of Human Services and Oregon Health Authority;

(d) Secure Children’s In-patient Program (SCIP) at Albertina Kerr;

(e) Intensive Treatment Services (ITS) at Albertina Kerr;

(f) Oregon District Attorneys Association;

(g) Oregon Criminal Defense Lawyers Association;

(h) Attorney General;

(i) Attorney for indigent JPSRB youth;

(j) Friends of Forensics, a voluntary association affiliated with Oregon State Hospital;

(k) Disability Rights Oregon; and

(L) Capitol Press Room

History

Statutory/Other Authority: ORS 161.387(1), 183.335(1), (8), OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.387(1), 183.335(1) (8), OL 2007 & Ch. 889 § 6 (SB 328)
PSRB 2-2010, f. & cert ef. 9-28-10

Or. Admin. R. 859-501-0010 Cost of Administrative Rules

State employees may receive a printed copy of Oregon Administrative Rules on request at no cost. Any person not employed by the State of Oregon shall pay $0.25 per page for a printed copy of Juvenile PSRB Administrative Rules. Oregon Administrative Rules are available electronically at no charge from the website of the Oregon Secretary of State.

History

Statutory/Other Authority: ORS 161, 183 & 419C
Statutes/Other Implemented: ORS 161.387(1), OL 2007 & Ch. 889 § 6 (SB 328)
PSRB 2-2010, f. & cert ef. 9-28-10

Division 510 JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD DEFINITIONS

Or. Admin. R. 859-510-0005 Definitions

(1) ”Administrative Hearing“ means a meeting of the Board at which a quorum is present but the youth is not for the purpose of deliberating about a youth’s status or conditional release plan based upon the written record before the Board.

(2) ”Administrative Meeting“ means any meeting of the Board at which a quorum is present for the purpose of considering matters relating to Board policy and administration, at which minutes are taken, and approved at a subsequent administrative meeting by a majority of members present.

(3) “Board“ means the juvenile panel of Oregon Psychiatric Security Review Board as constituted under ORS 161.385.

(4) “Burden of proof” means the responsibility of the youth or the state to convince the Board of the truth of its version or interpretation of facts or issues in dispute.

(5) “Commit” means order of placement in a secure facility.

(6) “Community Evaluation” is a written report ordered by the Board or other court and conducted by a qualified mental health professional from a local mental health program designated by the Board to determine if a youth can be adequately controlled with supervision and treatment if conditionally released and that necessary supervision and treatment are available.

(7) “Conditional Release” means an order by the court or Board authorizing a youth to reside outside a Secure Adolescent In-patient Program (SAIP), Secure Children’s In-patient Program (SCIP), or Intensive Treatment Services (ITS), in the community under conditions established for the monitoring and treatment of the youth’s mental and physical health.

(8) “Department of Human Services” and “Department” mean the Oregon Department of Human Services as constituted under ORS 409.010.

(9) “Discharge” means the termination of a youth’s jurisdiction under the Board because the youth is either no longer affected by a serious mental condition or no longer affected by a qualifying mental disorder that presents a substantial danger to others and requires regular medical care, medication, supervision or treatment; or term of jurisdiction has lapsed.

(10) “Escape” means:

(a) A youth committed to a state hospital, SAIP, SCIP, or SITP who:

(A) Leaves the supervision of treatment staff without permission;

(B) Leaves the facility without permission; or

(b) Any youth who leaves the State of Oregon without authorization of the Board;

(11) “Full Hearing” means a meeting of the Board at which a quorum is present, the youth is present, evidence is received, a youth’s status is reviewed pursuant to Chapter 419C and at the conclusion of which the Board makes findings of fact and conclusions of law as required by law from which written orders will issue.

(12) “Incident Report” means a report completed by the JPSRB case monitor or supervisor that describes any significant behavioral or mental health changes, serious violations of conditional release requirements, psychotropic medication refusals, or any other information that is relevant to a youth’s ability to be safely managed in a community setting. The incident report should contain the following information:

(a) A description of incident;

(b) A summary of the interventions that were used by community mental health provider staff;

(d) Any recommendations on how to mitigate future incidents, including but not limited to modifications to the youth’s conditional release plan.

(a) An opinion as to the mental condition of the youth;

(b) Whether the youth presents a substantial danger to others; and

(14) “Monthly Progress Report” means a template report available on the PSRB’s website that is required to be completed for all youth who are on conditional release by the community agency mental health provider that includes the following information attached, if applicable:

(a) Prescriber and specialty progress notes that occurred within the reporting month of the monthly progress report; and

(b) Any incident reports that that occurred within the reporting month of the monthly progress report.

(15) “Qualifying Mental Disorder” (formerly "Mental disease or defect") means:

(a) that which is manifested by developmental delay or disability if a mental deficiency exists concurrently with qualitative deficits in activities of daily living and is not otherwise attributable to mental illness or substance abuse or influenced by current situational trauma; or

(b) any diagnosis of mental disorder which is a significant behavioral or psychological syndrome or pattern that is associated with distress or disability causing symptoms or impairment in at least one important area of an individual's functioning and is defined in the current Diagnostic and Statistical Manual of Mental Disorders (DSM 5-TR) of the American Psychiatric Association.

(16) The term "qualifying mental disorder" does not include an abnormality manifested solely by repeated criminal or otherwise antisocial conduct; nor constituting solely a conduct or a personality disorder; nor solely an alcohol or drug abuse or dependence diagnosis.

(17) “Mental status” is defined as the mental, emotional, and behavioral functioning of a youth.

(18) "Patient” means any youth under the jurisdiction of the JPSRB, residing in a SAIP or SCIP.

(19) “Proof” means the achievement of a designated legal standard for persuading the trier of fact that a proposition is true. The standard of proof on all issues at hearings of the Board is by the preponderance of the evidence.

(20) "Quorum" means the presence at a hearing or meeting of at least three members of the Board.

(21) “Reasonable medical probability” means the finding by a physician or other qualified health professional that a given condition or illness is more likely than not to exist.

(22) "Responsible Except for Insanity" means the affirmative defense one must successfully assert in order to be placed under the jurisdiction of the JPSRB; or a finding by a judge that a youth, as a result of a qualifying mental disorder at the time the youth committed the act(s) alleged in the petition, lacked substantial capacity either to appreciate the nature and quality of the act or to conform the youth’s conduct to the requirements of law.

(23) “Revocation” means the return to a secure residential adolescent or children’s treatment facility of a youth pursuant to an order of the Board when the youth has violated the terms of a conditional release order or has experienced a change in mental status giving reasonable cause to believe that the youth may present a danger to others and cannot be controlled by appropriate interventions.

(24) “SAIP” means secure adolescent in-patient treatment program designated by the Oregon Health Authority.

(25) “SCIP” means secure child in-patient treatment program designated by the Oregon Health Authority.

(26) “SITP” means a secure child and adolescent Seniors and People with Disabilities (SPD) in-patient treatment program designated by Department of Human Services.

(27) “Secure” means that the doors to the facility are locked at all times. Ingress and egress are controlled by staff.

(28) “Secure In-patient Program Pass”, means any time a youth is authorized to be away from a secure child or adolescent facility’s grounds for any length of time unaccompanied by facility staff.

(29) “Serious mental condition” is one of the three specifically delineated diagnoses listed in 419C.520 (3).

(30) “Substantial danger” means the level of danger exhibited by threats of or engagement in acts of intentional, knowing, reckless or negligent behavior which places another person at risk of physical injury.

(31) “Unauthorized Departure” means:

(a) A youth who is under the jurisdiction of the Board who is conditionally released to the community that:

(A) Leaves the supervision of the community mental health program staff without permission;

(B) Leave the authorized placement listed on the conditional release order without permission;

(b) Any youth who leaves the State of Oregon without authorization of the Board; or

History

Statutory/Other Authority: ORS 161.387 & ORS 419C.533
Statutes/Other Implemented: ORS 419C.533
PSRB 1-2023, amend filed 04/19/2023, effective 04/21/2023
PSRB 2-2022, temporary amend filed 09/07/2022, effective 09/12/2022 through 03/10/2023
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 10-2017, amend filed 12/11/2017, effective 01/01/2018
PSRB 10-2016, f. & cert. ef. 12-13-16
PSRB 2-2010, f. & cert. ef. 9-28-10

Division 520 ORGANIZATION OF THE JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD

Or. Admin. R. 859-520-0005 Membership and Terms

The Juvenile panel of the Psychiatric Security Review Board shall consist of five members as constituted in ORS chapter 419C.

History

Statutory/Other Authority: ORS 161.385, 161.387; OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.385(1)-(7) & 161.387(1)
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-520-0010 Chair

The Board shall elect one of its members as chairperson to serve for a term of one year, with the possibility of re-election.

History

Statutory/Other Authority: ORS 161.385, 161.387; OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.385(1)-(7) & 161.387(1)
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-520-0020 Executive Director; Powers and Duties

The executive director shall oversee the daily operations of the Board and officially represent the Board and shall perform other duties including but not limited to:

(1) Hiring and terminating employees.

(2) Supervising work of the Board's staff;

(3) Preparing the budget for approval by the Board;

(4) Implementing Board policies and decisions;

(5) Informing the Board of the status of youths under its jurisdiction;

(6) Presenting to the Board all matters requiring Board action; and

(7) Performing other duties as authorized or requested by the Board.

History

Statutory/Other Authority: ORS 161.385, 161.387; OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.385(1)-(7) & 161.387(1)
PSRB 2-2010, f. & cert. ef. 9-28-10

Division 530 RESPONSIBILITIES OF JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD

Or. Admin. R. 859-530-0010 Functions and Purpose of JPSRB

The Board shall assume jurisdiction over youths adjudged by the court to be “responsible except for insanity” for a period not to exceed the maximum sentence the court finds the youth could have received had the youth been adjudicated except in murder cases where the maximum is life.

(1) The Board shall maintain jurisdiction over youths who are legally placed under its jurisdiction by any court of the State of Oregon.

(2) Upon receipt of the judgement order placing the youth under Board jurisdiction the youth shall have their end of jurisdiction date calculated by Board staff within 30 days of receipt of the judgement order.

(a) Board staff shall apply any credit for time served that is indicated in the judgement order.

(b) If the judgment order states that credit for time served shall be applied but does not indicate the amount, Board staff shall apply credit for time served for:

(A) Time spent in any youth correctional facility for the offense for which the youth was placed under the Board's jurisdiction, verified by a law enforcement agency; and

(B) Time spent in custody of the Department of Human Services or Oregon Health Authority at a state designated facility, or on a mental health hold at a secure facility for determination of the youth's fitness to proceed or under a detainer for the criminal charges for which the youth ultimately was placed under the Board's jurisdiction.

History

Statutory/Other Authority: ORS 161.385; ORS 161.387, Oregon Laws 2007 & Chapter 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.327, 161.336, 161.341, 161.346, 161.351, 161.385, 161.387, 419C.529, 419C.532, 419C.538, 419C.540, 419C.544; OL 2007 & Ch. 889 § 2 (SB 328)
PSRB 2-2024, amend filed 04/03/2024, effective 04/05/2024
PSRB 2-2023, temporary amend filed 10/09/2023, effective 10/09/2023 through 04/05/2024
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-530-0015 Diversity, Equity, and Inclusion

History

Statutory/Other Authority: ORS 161.387 & ORS 419C.533
Statutes/Other Implemented: ORS 419C.533
PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022

Or. Admin. R. 859-530-0020 Victim's Rights

(a) Any order;

(b) Hearings;

(d) Discharge;

(e) Move to a temporary placement due to an emergency; and

(f) Escape or unauthorized departure of the youth.

(2) Victims may provide oral or written victim impact statements at an individual’s full hearing and written victim impact statements at a person’s administrative hearing. Victim impact statements are not considered testimony and will not be taken under oath by the Board.

(3) Victims may provide a written request for a copy of a youth’s recorded hearing on a removeable media storage device at no charge.

(4) Victims are given priority seating at all in-person hearings.

(a) Victims are encouraged to notify Board staff immediately of hearings-day time constraints. The Board considers reasonable scheduling restrictions from victims.

(b) The Board may permit victims to appear by remote means for full hearings.

History

Statutory/Other Authority: ORS 161.387 & ORS 419C.533
Statutes/Other Implemented: ORS 419C.533
PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022

Division 540 JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD HEARINGS AND MEETINGS

Or. Admin. R. 859-540-0005 Hearings and Administrative Meetings

(1) The Board shall hold full hearings at least twice every month unless the chairperson determines that there is not sufficient business before the Board to warrant a hearing at the scheduled time.

(2) The Board may hold administrative hearings to review court conditional releases, secure facility requests’ for conditional release and case manager or client requests for modifications of conditional release orders. Notice for proceeding via an administrative — rather than a full — hearing shall be provided in a similar manner but with less than 10 days notice. The Board shall consider information on the written record only and no oral testimony shall be received.

(a) If an objection is made to the approval, disapproval or modification of the conditional release plan, the youth, qualified mental health or developmental disabilities treatment provider, or the state has the right to request a hearing;

(b) On its own motion, the Board may require further information, testimony or the presence of the youth and therefore, set the matter for a full hearing.

(3) The Board shall hold administrative meetings to consider matters relating to Board policy and administration as often as necessary.

(4) The agenda for administrative meetings shall be developed by the executive director and the chairperson prior to the meeting. Public notice shall be given in accordance with the Public Meetings Law.

History

Statutory/Other Authority: ORS 161.385, 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.385(1)-(7) & 161.387(1) 419C.538
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-540-0010 Quorum and Decisions

The presence of at least three members of the Board constitutes a quorum:

(1) Three concurring votes (affirmative or negative) are required for a Board decision.

(2) When three members cannot agree on a decision, the hearing shall be continued for no longer than 60 days. A recording of the hearing and the exhibits shall be reviewed by the remaining member(s) and a decision by the majority of the members shall be the finding and order of the Board.

(3) If the attorney for the youth objects to the remaining member's or members' review as set forth in section (2) of this rule and if good cause is shown, the Board may reschedule the matter for a full hearing before the entire Board.

(4) Prior to commencing a hearing, if an objection for good cause is made to a specific member of the Board sitting on the panel considering a specific case and the Board sustains it, that member shall withdraw and, if necessary, the hearing shall be continued and rescheduled.

(5) If a member of the juvenile panel is unable to be present for a hearing pursuant to ORS 419C.538 (Conditional release), 419C.540 (Discharge or conditional release after commitment) or 419C.542 (Hearings before juvenile panel of Psychiatric Security Review Board) due to an emergency, and quorum cannot be reached, a member of the adult panel of the Oregon Psychiatric Security Review Board, as defined in ORS 161.385(2) and OAR 859-010-0005(13), may sit on the Board for the purposes of obtaining quorum and holding the hearing.

(6) For the purposes of this rule, an emergency situation is defined as a situation wherein there are no other members of the juvenile panel available due to unplanned or unforeseen circumstances, including but not limited to a conflict of interest or a serious medical emergency.

History

Statutory/Other Authority: ORS 161.385 & ORS 419C.533(1)
Statutes/Other Implemented: ORS 161.385, ORS 419C.533(1) & ORS 419C.532
PSRB 1-2023, amend filed 04/19/2023, effective 04/21/2023
PSRB 4-2022, temporary amend filed 09/07/2022, effective 09/12/2022 through 03/10/2023
PSRB 2-2021, temporary amend filed 03/04/2021, effective 03/05/2021 through 08/31/2021
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-540-0015 Public Meetings Law

All hearings and administrative meetings of the JPSRB are open to the public in accordance with the Public Meetings Law. The deliberations of the Board at hearings are not open to the public, nor are Executive sessions. For purposes of this rule, PSRB staff and employees are not considered members of the “public”.

History

Statutory/Other Authority: ORS 161.385, 161.387OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.385(1)-(7) & 161.387(1)-(2)
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-540-0020 Records

(1) A record shall be kept of Board action taken at an administrative meeting by minutes and any decision made at an administrative hearing of the Board by written findings.

(2) All Board hearings, except Board deliberations, shall be recorded by electronic means which can be transcribed. No other record of Board hearings shall be made. All documents considered at a hearing shall be included as exhibits and kept as part of the record.

(a) Audio recordings capable of being transcribed shall be kept by the Board for a minimum of two years from the hearing date.

(b) The recording of the Board hearings shall be transcribed for appeal purposes when a notice of appeal is filed. If transcribed, the transcript may be substituted for the original record.

(c) Any material to which an objection is sustained shall be removed from the record. The objection and ruling of the Board shall be noted on the record.

(d) The audio recording or transcript of the proceedings shall be made available at cost to a party to the proceedings upon request.

History

Statutory/Other Authority: ORS 161.385, 161.387, OL 2007 & Chapter 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.346(7) & 419C.532(14)
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-540-0025 Public Records Law; Confidentiality

(1) The attorneys for the youth shall have the right to review any exhibit to be considered at the hearing. Statutory requirements shall be observed with respect to requests by any other individual/entity to inspect youth records.

(2) Other requests shall be reviewed to determine whether the record is exempt under a specific exception to the public records law, including but not limited to:

(a) Communications within a public body or between public bodies of an advisory nature to the extent that they cover other than purely factual material and are preliminary to any final agency determination of policy or action;

(b) Information of a personal nature such as that kept in personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance.

(c) Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by federal or state law.

(3) A medical record shall be withheld from public inspection if the Board determines that the disclosure would interfere with the rehabilitation of the youth and if the public interest in confidentiality clearly outweighs the public interest in disclosure.

(4) Public records, Board orders and information within the Public Records Law shall be made available upon request. All requests shall be made in writing and final determination on disclosure shall be made by the Board. A reasonable charge may be made for copying of material. Appeals of determinations on disclosure shall be made by petition to the Attorney General in accordance with statutory requirements.

History

Statutory/Other Authority: ORS 161.385, 161.387, 192.450, 192.500, 192.525, 192.690; OLs 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.336, 161.346 & 419C.532
PSRB 2-2010, f. & cert. ef. 9-28-10

Division 550 JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES

Or. Admin. R. 859-550-0005 Notice

Written notice of a hearing shall be given to those indicated in ORS 419C.532 via electronic mail unless a hard copy is requested.

(1) Those given notice under ORS 419C.532 include the:

(a) Youth about whom the hearing is being conducted;

(b) Attorney representing the youth under JPSRB jurisdiction;

(d) The person having legal custody of the youth;

(e) The Attorney General or other attorney representing the state, if any; and

(f) The district attorney of the county in which the young person was adjudicated.

(2) The written notice of hearings will contain the information specified in ORS 419C.532, as follows:

(a) The time, place, and location of the hearing;

(d) A statement outlining the following additional rights:

(A) To appear at all proceedings held pursuant to this section, except for deliberations;

(B) To cross-examine all witnesses appearing to testify at the hearing;

History

Statutory/Other Authority: ORS 161.387 & ORS 419C.533
Statutes/Other Implemented: ORS 419C.532
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-550-0010 Information Contained in Notice

Written notice shall contain the information required in ORS 419C.532(12)(b):

(1) Time, place and location of the hearing.

(2) The issues to be considered, reference to statutes and rules involved, and the authority and jurisdiction under which the hearing is to be held.

(3) Statement of rights of the youth at the hearing, including the following:

(a) Right to appear at all proceedings, except Board deliberations;

(b) Right to cross-examine all witnesses appearing to testify at the hearing;

(d) Right to legal counsel and, if indigent as defined by the indigence standard set forth by the State Office of Public Defense Services, to have counsel provided without cost; and

(e) Right to examine all information, documents and reports under consideration.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.346(4) & 419C.532(12)
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-550-0015 Timing of Hearings

The Board shall hold hearings for all youth under its jurisdiction within the timeframes set forth in its statutes in ORS chapter 419C.

History

Statutory/Other Authority: ORS 161.387 & OL 2007 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 419C.532, 419C.538 & 419C.540 - ORS 419C.544
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-550-0020 Chairperson Conducting Hearing

During hearings of the Board, the chairperson or acting chairperson shall preside. The chairperson shall designate the order of presentation and the order of questioning and scope of questioning. The chairperson may set time limits and interrupt or terminate irrelevant questions or unresponsive answers.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.385(1)-(7)
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-550-0025 Youth's Right to Review Record; Exceptions

Youths shall receive written notice of the hearing directly, or through their attorneys, with a statement of their rights in accordance with ORS 419C.532(12). All exhibits to be considered by the Board shall be disclosed to the youth's attorney as soon as they are available:

(1) Exhibits not available prior to the hearing shall be made available to the youth's attorney at the hearing.

(2) All material relevant and pertinent to the youth and issues before the Board shall be made a part of the record.

(3) Any material not made part of the record shall be separated and a statement to that effect shall be placed in the record.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.346 & 419C.532
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-550-0030 Evidence Considered; Admissibility

(1) The record of trial;

(2) Information supplied by the state's attorney or any interested party, including the youth;

(3) Information concerning the youth's mental condition;

(4) The entire psychiatric and criminal history of the youth, including motor vehicle records;

(5) Jurisdictional reports ordered by the Board under ORS 419C.532, 419C.538 and 419C.540;

(6) Psychiatric and psychological reports under ORS 419C.529, 419C.532, 419C.538 and 419C.540, written by a person chosen by the state or the youth to examine the youth; and

(7) Testimony of witnesses.

History

Statutory/Other Authority: ORS 161.387 & ORS 419C.533
Statutes/Other Implemented: ORS 161.336, ORS 161.341, ORS 161.346, ORS 419C.540, ORS 419C.529, ORS 419C.532 & ORS 419C.538
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-550-0035 Motion Practice

Any party bringing a motion before the Board shall submit five copies of the motion and supporting memorandum of law to the Board and one to the opposing party no later than 10 days prior to the hearing date in which the motion will be heard.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.346 & 419C.532
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-550-0040 Objections to Evidence

(1) In determining whether the evidence is material, relevant or reliable, the Board shall consider the following:

(a) The age and source of documents;

(b) The ability of a witness to have observed and have personal knowledge of an incident;

(2) The youth, the youth's attorney or attorney representing the state may object to any evidence. The Board shall then decide to do one of the following:

(a) Sustain the objection and deny the admission and consideration of the evidence on the grounds that it is not material, relevant or reliable;

(b) Overrule the objection and admit the evidence and in considering the weight given to that evidence, consider the reason for the objection; or

(c) Grant a continuance for a period of time not to exceed 60 days to allow a witness to appear or be subpoenaed to testify about the evidence under consideration.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.346, 161.395 & 419C.532
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-550-0045 Witnesses and Documents; Subpoena

Witnesses or documents may be subpoenaed as provided in ORS 161.395.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.346, 161.395 & 419C.532
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-550-0050 Testimony Given on Oath

The Board shall take testimony of a witness upon oath or affirmation of the witness administered by the chairperson or acting chairperson at the hearing.

History

Statutory/Other Authority: ORS 161.385, 161.387; OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.346, 161.385 & 419C.532
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-550-0055 Standards and Burdens of Proof

(1) The standard of proof on all facts and issues at hearings of the Board shall be the preponderance of the evidence.

(2) The burden of proof shall depend on the type of hearing. State has the burden at all hearings except at a youth-requested hearing or conditionally released youth requested hearings unless it has been more than two years since the State has had the burden of proof.

(3) If at any hearing the secure facility staff agrees with the youth on the issue of qualifying mental disorder, dangerousness or fitness for conditional release but no advance notice is given to the Board that the facility requests discharge or conditional release, the burden of proof remains with the youth. The testimony of facility staff will be considered as evidence to assist the Board in deciding whether the youth has met his/her burden.

History

Statutory/Other Authority: ORS 161.387 & ORS 419C.533
Statutes/Other Implemented: ORS 161.336, 161.341, 161.346, 419C.532, 419C.538, 419C.540 & 419C.542
PSRB 10-2017, amend filed 12/11/2017, effective 01/01/2018
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-550-0060 Burden of Going Forward

The party that has the burden of proof shall also have the burden of going forward with the evidence by calling and examining witnesses, proposing conditions of release or bringing other matters before the Board.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.346, 419C.532, 419C.538, 419C.540 & 419C.542
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-550-0070 Cancellation of Hearing

(1) A youth may request to cancel a youth-requested hearing. However, unless a youth makes such a request in writing and with at least 3 weeks' advance notice, the youth shall not be eligible to request another hearing for six months from the date of the originally scheduled hearing.

(2) The Board shall not allow cancellation of any other type of hearing required by law.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.346, 419C.532 & 419C.538
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-550-0075 Use of Restraints

(1) It is the Board’s preference to have a youth appear at hearing without physical restraints. If, in the judgment of the youth's physician, the youth might need restraint, the Board would request that additional secure facility staff attend the hearing with the youth rather than use mechanical restraints. However, the final decision on use of restraints shall lie with the physician.

(2) Any attorney objecting to the youth appearing in restraints at the hearing may raise the issue and ask the Board to take testimony from the physician to justify the use of restraints.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.346 & 419C.532
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-550-0080 Decisions of the Board

(1) The Board may issue its decision orally on the record at the hearing, and will do so unless it has reason to delay issuing its findings.

(2) Within 30 days following the conclusion of a hearing, the Board shall provide the youth, the attorney representing the youth, the youth’s parents or guardians, if known, the person having legal custody of the youth, the district attorney of the county in which the youth was adjudicated, the attorney representing the state, the committing court and all others required by statute, written notice of the Board's decision:

(a) The Board’s order shall be signed by a member present at the hearing.

(b) The formal Board order shall contain the findings of fact, conclusions of law, reasons for the decision, and notice of the right to appeal under ORS 161.385(8).

History

Statutory/Other Authority: ORS 161.387, Ch. 889, Or. Laws 2007, §6 (SB 328) & 419C.533
Statutes/Other Implemented: ORS 161.346, 161.385 & 419C.532
PSRB 1-2019, amend filed 09/30/2019, effective 09/30/2019
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-550-0085 Notification of Right to Appeal

At the conclusion of a Board hearing, the chair or acting chair shall provide the youth and attorney with written notification of the right to appeal an adverse decision within 60 days from the date an order is signed and the right to an attorney for that purpose, if indigent.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.385
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-550-0090 Youth Appearing Pro Se

The Board shall not allow a youth to represent himself or herself.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.346 & 419C.532
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-550-0095 Examination of Youth

(1) The Board may, on its own motion, appoint a psychiatrist or psychologist to conduct a forensic mental health assessment and to submit a jurisdictional report to the Board, including an opinion as to the mental condition of the youth, whether the youth presents a substantial danger to others and whether the youth could be adequately controlled on conditional release with treatment and supervision. The Board may order the youth placed in temporary custody of any state secure facility or suitable facility for purposes of this examination.

(2) The attorney representing the state may choose, at the state's expense, a psychiatrist or psychologist to conduct a forensic mental health assessment. If that jurisdictional report is offered into evidence, the report shall include a written opinion as to the mental condition of the youth, whether the youth presents a substantial danger to others and whether the youth could be adequately controlled on conditional release with treatment and supervision. The attorney for the state shall file a written notice of intent to conduct such an examination.

(3) The attorney for the youth may file a written request for the Board to appoint a psychiatrist or psychologist to conduct a forensic mental health assessment. The Board shall approve or deny the request, taking into consideration the budget of the Board available for such examinations and the reasons for the request.

History

Statutory/Other Authority: ORS 161.387 & ORS 419C.533
Statutes/Other Implemented: ORS 161.346, ORS 419C.532, ORS 419C.538 & ORS 419C.540
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-550-0100 Appearance at Hearings by Remote Means

(1) Participation via telephone, other two-way electronic communication device, or simultaneous electronic transmission (collectively hereafter, “by remote means”) is permitted at PSRB Hearings.

(2) Appearance at hearings by remote means may be used by the Board, youth under the jurisdiction of the PSRB, witnesses or victims when the hearings recording equipment allows for its use. All hearings before the Board will be conducted by remote means unless there is a basis for in-person attendance that cannot be accommodated by remote means.

(a) Either party must request in-person attendance in writing no later than ten (10) business days prior to the scheduled hearing.

(b) Requests for in-person attendance shall contain a basis for the request and some description as to why appearing by remote means is not appropriate for the hearing.

(4) PSRB Board members may appear by remote means.

(5) Board staff shall ensure that defense counsel can consult with the youth under the jurisdiction of the Board at any time during a remote hearing in a setting where the attorney-client privilege is not compromised.

(6) The Board will make reasonable accommodations for the known disability of any participant in Board hearings.

History

Statutory/Other Authority: ORS 161.387 & ORS 419C.533
Statutes/Other Implemented: ORS 419C.533
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 9-2017, adopt filed 12/11/2017, effective 12/11/2017

Or. Admin. R. 859-550-0110 Records of Hearings

All Juvenile Panel hearings, except Board deliberations, will be recorded by electronic means which can be transcribed. All documents considered will be included in the file and kept as part of the record:

(1) Audio recordings capable of being transcribed will be kept by the Board for a minimum period of five years from the hearing date;

(2) Any material to which an objection is sustained will be removed from the record; the objection and ruling of the Board will be noted on the record.

History

Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.295-161.400
PSRB 8-2017, adopt filed 12/11/2017, effective 12/11/2017

Division 560 HEARINGS BEFORE THE JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD

Or. Admin. R. 859-560-0005 Issues

At any hearing before the Board, the issues considered shall be limited to those relevant to the purposes of the hearing. Notice of intent to raise new issues shall be given to the Board in writing at least 10 days prior to the hearing. If new issues are raised, the Board may continue the hearing to consider the issues and give the parties an opportunity to submit legal memoranda and/or additional evidence.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.346, 419C.532, 419C.538 & 419C.540
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-560-0010 Primary Concern: Protection of Society

In determining whether a youth should be committed to a state secure facility, conditionally released or discharged, the Board shall have as its primary concern the protection of society. In considering the issue of dangerousness, the Board may hear testimony on whether the youth's qualifying mental disorder may, with reasonable medical probability, occasionally become active, and when active, render the youth a danger to others. The Board shall not discharge a youth for whom there is a finding of dangerousness.

History

Statutory/Other Authority: ORS 161.387 & ORS 419C.533
Statutes/Other Implemented: ORS 161.336, 161.341, 161.346, 161.351, 419C.532, 419C.538 & 419C.540
PSRB 10-2017, amend filed 12/11/2017, effective 01/01/2018
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-560-0015 Issues and Findings to Be Addressed At Hearings

(1) Issues To Be Addressed At Hearings:

(a) At each and every hearing before the Board, the Board shall determine whether the youth is affected by a serious mental condition or a qualifying mental disorder and presents a substantial danger to others, whether the youth can be adequately controlled in the community with treatment and supervision, and whether the necessary supervision and treatment services are available.

(b) At a revocation hearing, the Board shall determine whether the revocation was appropriate based on the reasonable grounds listed in OAR 859-580-0010 and whether the youth may be continued on conditional release or should be committed to a secure facility.

(2) Findings at a hearing: At each statutory hearing before the Board, the Board shall make findings regarding the requisite jurisdictional elements. In addition:

(a) If the Board finds the youth is properly under its jurisdiction and not a proper subject for conditional release, the Board shall order the youth committed to, or retained in, a secure in-patient facility for custody, care and treatment.

(b) If the Board finds the youth is properly under its jurisdiction but can be adequately controlled with treatment and supervision if conditionally released yet a verified conditional release plan has not been developed, the Board shall find the youth appropriate for conditional release.

(c) If the Board finds the youth is properly under its jurisdiction but can be adequately controlled with treatment and supervision and that treatment and supervision are currently available and the Board approves of the plan and proposed conditions, the Board shall order the youth placed on conditional release.

(d) If the Board finds that the youth no longer meets the legal criteria for jurisdiction, the Board shall order the discharge of the youth from jurisdiction.

History

Statutory/Other Authority: ORS 161.387 & ORS 419C.533
Statutes/Other Implemented: ORS 161.346, 419C.532, 419C.538, 419C.540 & 419C.533
PSRB 10-2017, amend filed 12/11/2017, effective 01/01/2018
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-560-0045 Mandatory Hearings

The Board shall have periodic mandatory hearings for all youth pursuant to ORS chapter 419C; annually for youth residing in a secure child or adolescent inpatient program and every 3 years for a youth on conditional release.

(1) In both of these types of hearings:

(a) Youth shall not be allowed to waive this hearing;

(b) If the youth refuses to attend, the Board shall proceed with the hearing in the youth’s absence after ascertaining that the youth has received proper notice and is knowingly absenting himself or herself.

(2) The three year hearing shall be set as close to the thee-year date as possible, but shall be held no later than 30 days after the expiration of the three-year period, and shall be combined with any other scheduled hearing for the youth.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.336 & 419C.542
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-560-0050 Status Hearing

(1) The Board may hold a hearing on its own motion at any time to review the status of a youth to determine whether modification, revocation, any other change in conditional release or a status is warranted.

(2) The Board may order the youth to appear at a status hearing.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.336, 161.346, 419C.532, 419C.538, 419C.540, 419C.542 & 419C.544
PSRB 2-2010, f. & cert. ef. 9-28-10

Division 570 CONDITIONAL RELEASE OF YOUTHS

Or. Admin. R. 859-570-0005 Cases of Court Conditional Release

Upon receipt of the judgment order where the court has placed the youth on conditional release, the Board shall review each court conditional release file at a full hearing. In those cases the Board may:

(1) Issue an order continuing the court order of conditional release when all the elements of the conditional release plan are in accordance with procedures set forth in Division 570.

(2) Issue a modification of the court order of conditional release when, upon review, the conditional release plan has changed, has not been set out in sufficient detail or requires additional conditions.

(3) Issue an order of revocation in accordance with provisions set forth in Division 580.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.327, 161.332, 161.336, 161.346, 419C.520, 419C.529, 419C.532, 419C.538 & 419C.540
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-570-0010 Conditional Release Planning for Youths in Secure Facilities

(1) In determining whether an order of conditional release is appropriate, the Board shall have as its goals the protection of the public, the best interests of justice, and the welfare of the youth. The Department of Human Services or Oregon Health Authority is responsible for and shall prepare the conditional release plan. In order to carry out the conditional release plan, the Department may contract with a community mental health program, other public agency or Private Corporation, or an individual to provide evaluations for community placement, supervision and treatment.

(2) Conditional Release Evaluation.

(a) If the Board finds the youth may be treated and controlled in the community, the Board shall order an evaluation of the youth by a community mental health or development disabilities agency for community placement.

(b) If staff of the designated secure facility determines that a youth may be ready for conditional release, the staff may request that the Board order an evaluation for community placement. That request shall be accompanied by a current treatment note update signed by the youth’s treating psychiatrist.

(c) If the Board orders an evaluation for community placement, the designated evaluator shall review the youth's exhibit file and evaluate the youth in person to determine if the youth is appropriate for conditional release. The evaluator shall provide a written report to the board with its findings.

(A) If the community agency agrees that the youth is appropriate for conditional release and that it has the necessary treatment and is willing to accept supervision for the youth, the evaluation shall include proposed conditions of release. The treatment plan may include, but is not limited to, individual counseling, group counseling, home visits, prescription of medication, and any other treatment for any co-morbid condition such as substance abuse recommended by the provider(s) and approved by the Board. The provider must agree to have a designated individual that will have primary reporting responsibility to the Board, including the following responsibilities:

(i) Notify the Board in writing of the youth's progress at least once a month through a monthly progress report;

(ii) Notify the Board promptly of any grounds for revocation under OAR 859-080-0010;

(iii) Notify the Board promptly of any significant changes in the youth’s mental status;

(iv) Notify the Board promptly of any significant changes in the implementation of the conditional release plan; and

(v) Coordinate and monitor all elements of the conditional release plan. The youth shall sign a form agreeing to comply with the proposed conditions of release. This signed form shall be submitted with the request for conditional release. The conditions shall include notice that if the youth leaves the state without authorization of the Board, the youth may be charged with a new crime of Escape II.

(B) If the community agency does not find that community placement is appropriate for the youth, the evaluator's written report shall outline the reasons for its findings and any recommendations for future treatment.

History

Statutory/Other Authority: ORS 161.387 & ORS 419C.533
Statutes/Other Implemented: ORS 161.336, ORS 161.341, ORS 161.346, ORS 419C.520, ORS 161.332, ORS 161.390, ORS 419C.538 & ORS 419C.540
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-570-0015 Board Order of Conditional Release

If the Board finds the youth may be treated and controlled in the community and a verified conditional release plan is approved by the Board, the Board may order the youth placed on conditional release. In making that determination, the Board may consider the testimony and exhibits at the hearing regarding the youth's behavior in the secure facility including the youth's progress, insight and responsibility taken for the youth's own behavior.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.332, 161.336, 161.346, 161.390, 419C.520, 419C.532, 419C.538 & 419C.540
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-570-0020 Conditional Release Order

(1) The Board shall impose any or all of the following elements in a conditional release plan that are appropriate and necessary to insure the safety of the public:

(a) Housing: must be available for the youth and may include 24-hour staffed housing, a supervised group home, foster care, supported housing, housing with relatives or independent housing;

(b) Mental health treatment: which may include individual and/or group counseling as well as medication management;

(d) Structured activity: such as schooling or employment;

(e) Monitoring and supervision: which shall include home visits;

(d) Other conditions including, but not limited to, prohibition of the consumption of alcohol and non-prescribed drugs; observation by a designated individual of each ingestion of medication; sex offender assessment and treatment; and prohibition against driving.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.332, 161.336, 161.346, 161.390, 419C.520, 419C.529, 419C.532 & 419C.538
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-570-0025 Modification Of/Discharge From Conditional Release

(1) Modification. Modification of an order of conditional release may be proposed by the youth, the person supervising the youth, or staff of the mental health facility providing treatment to the youth, or the Board on its own motion upon a review of the status of the youth.

(a) Modifications of conditional release may be considered by the Board at a hearing after giving proper notice.

(b) The individual designated by the Board as having primary reporting responsibility shall provide the Board with a written summary of the youth’s progress which shall include the specific nature of the request for modification, evidence of recent behavior supporting the modification, and any evidence of recent behaviors that would not support modification, as well as what precautions will be taken to off-set any changes in plan.

(c) If the Board considers the request for modification at a full hearing, the designated individual having primary reporting responsibility shall be available to testify, in person, if possible, or telephonically on these issues at the Board hearing.

(2) Discharge.

(a) A request for discharge from Board jurisdiction may be proposed by the youth on conditional release, the person supervising the youth, or the staff of the facility providing treatment to the youth. The Board must be notified of the request as soon as practicable before the scheduled hearing to provide reasonable notice, per ORS 419C.540(2). If a request for discharge is not made prior to this date, either party may request a continuance or the Board may, of its own motion, continue the matter.

(b) This request shall be accompanied by a psychiatric/psychological evaluation of the youth that has been performed within 30-days of the hearing date by his community treatment practitioner. This evaluation shall address what the youth’s current diagnosis is; whether the qualifying mental disorder is active or in remission; and whether the youth’s qualifying mental disorder, with reasonable medical probability, will occasionally become active, and when active, render the youth a substantial danger to others. This report shall be submitted to the Board no later than 10 days prior to hearing. The individual making the request shall be available to testify in person, if possible, or telephonically on these issues at the Board hearing. The psychiatrist/psychologist evaluator shall also be available to testify either in person or by phone.

History

Statutory/Other Authority: ORS 161.387 & ORS 419C.533
Statutes/Other Implemented: ORS 161.332, ORS 161.336, ORS 161.346, ORS 161.390, ORS 419C.520, ORS 419C.529, ORS 419C.532, ORS 419C.538 & ORS 419C.540
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 10-2017, amend filed 12/11/2017, effective 01/01/2018
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-570-0030 Evaluation and Reports

(1) All reports and evaluations received on the youth's fitness for conditional release, modification of conditional release or revocation, and monthly progress shall be made a part of the board’s record.

(a) Unauthorized departure;

(b) Arrest;

(d) Repeated refusals to take psychotropic medications or other medications prescribed to manage the person’s mental health;

(e) Psychiatric or medical hospitalization;

(f) Violent or dangerous behaviors; or

(g) Other circumstances deemed to be serious by the reporting party.

History

Statutory/Other Authority: ORS 161.387 & ORS 419C.533
Statutes/Other Implemented: ORS 161.332, ORS 161.336, ORS 161.346, ORS 161.390, ORS 419C.520, ORS 419C.529, ORS 419C.532 & ORS 419C.538
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-570-0035 Out-of-State Conditional Release Order

The Board may consider and approve a conditional release plan to have the youth reside out of state.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.332, 161.336, 161.346, 161.390, 419C.520, 419C.529, 419C.532 & 419C.538
PSRB 2-2010, f. & cert. ef. 9-28-10

Division 580 JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD ORDER OF REVOCATION

Or. Admin. R. 859-580-0005 Revocation of Conditional Release/Affidavit

(1) Revocation of conditional release may be affected by preparation of an affidavit and order of revocation in accordance with procedures set forth in this division.

(2) As an alternative to revocation of conditional release, a youth may return voluntarily to a secure facility.

(3) Upon the recommendation of the staff of the Board and receipt of an affidavit based on noncompliance with an order of the Board or a change in the youth's conditions of release or mental status, the Board Chair or acting Chairperson may order the youth returned to a state secure facility for evaluation and treatment through an order of revocation.

(4) Emergency Revocation. When a Board member is not available and time is of the essence, the Executive Director of the Board may issue and execute an order of revocation subject to review by a Board member within 72 hours of the execution of the order.

(5) Revocations after office hours shall be achieved pursuant to ORS 161.336(6)

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.336 & 419C.538
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-580-0010 Reasonable Grounds for Revocation

Reasonable grounds for revocation of a conditional release include:

(1) The youth has violated term(s) of the conditional release plan such that the youth would pose a substantial risk of danger to others; or

(2) The youth's mental status has changed such that the youth would pose a substantial risk of danger to others; or

(3) The youth has absconded from jurisdiction such that the youth would pose a substantial risk of danger to others; or

(4) The community resources required by the conditional release order are no longer available so that the youth would pose a substantial risk of danger to others.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.336, ORS 161.346, ORS 419C.532 & ORS 419C.538
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-580-0015 Post-Revocation Procedure

Once revocation is effectuated, the Board shall request additional information from the youth’s case manager regarding the circumstances and reason for the conditional release failure and a recommendation regarding future treatment and release.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.336 & 419C.532
PSRB 2-2010, f. & cert. ef. 9-28-10

Division 590 RECONSIDERATION OF JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD

Or. Admin. R. 859-590-0005 Reconsideration

A party to the hearing may request reconsideration of a Board finding in writing or, on its own motion, the Board may reconsider the finding.

(1) If an issue is appropriately raised, the matter shall be remanded to the Board for hearing on that issue. Reconsideration may be upheld if:

(a) The written findings are found to be inaccurate or do not support the action taken by the Board; or

(b) Substantial information material to the issues which was not known or which could not have been known at the time of the hearing is received; or

(d) The Board decision is contrary to the rules or statutes governing the Board.

(2) If the issues are not appropriately raised, the youth shall receive written notification of the reasons for denial of reconsideration.

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.336 & 419C.532
PSRB 2-2010, f. & cert. ef. 9-28-10

Division 600 RESPONSIBILITY OF STATE AND COMMUNITY MENTAL HEALTH YOUTH PROGRAMS AND DEVELOPMENTAL DISABILITIES YOUTH PROGRAMS

Or. Admin. R. 859-600-0005 Compliance

State and/or local mental health and developmentally disabled programs shall comply with any order of the Board.

History

Statutory/Other Authority: ORS 137, 161, 192, 428 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.336, 161.346, 419C.532, 419C.538 & 419C.540
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-600-0020 Discharge

The Department of Human Services and Oregon Health Authority is responsible for preparation of discharge plans as specified in ORS 161.390(2).

History

Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328)
Statutes/Other Implemented: ORS 161.336, 161.390 & 419C.538
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-600-0025 Leaves and Passes

(1) Any overnight or out-of-town leave of absence or pass request for the youth in a secure children’s inpatient treatment program shall be signed by a physician and submitted to the PSRB on the Board’s pass request form no less than three days prior to the proposed pass or leave of absence date.

(2) Written confirmation should be submitted to the Board in each case:

(a) A leave of absence or pass may be requested when the physician is of the opinion that a leave of absence or pass from the secure children’s inpatient treatment program would pose no substantial danger to others and would be therapeutic for the youth;

(b) Secure children’s inpatient treatment program staff will be contacted by the PSRB only if there are any reservations about the pass.

History

Statutory/Other Authority: ORS 419C.533 & ORS 161.387
Statutes/Other Implemented: ORS 137.540 & ORS 419C.533
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 2-2010, f. & cert. ef. 9-28-10

Or. Admin. R. 859-600-0030 Emergency Move Exceptions

(1) Nothing in Divisions 501 through 600 prohibits the Board, the youth’s SAIP, SCIP, SITP, or community placement, and the Oregon Health Authority from entering into a mutually satisfactory agreement regarding the youth’s placement in the community during an emergency.

(a) If the youth is temporarily placed in a more restrictive setting during an emergency, they are not required to obtain a mental health evaluation before returning to the placement they had before the emergency temporary move occurred unless otherwise recommended by the case monitor.

(2) In the event of a youth’s move to a temporary placement due to an emergency, the PSRB will notify the any victims of the person’s move as soon as practicable.

History

Statutory/Other Authority: ORS 161.387 & ORS 419C.533
Statutes/Other Implemented: ORS 419C.533
PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022