justicedao/ipfs_state_laws huggingface dataset:
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.] Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.325 - 161.400 History: PSRB 2-2017, minor correction filed 10/19/2017, effective 10/19/2017 PSRB 1-1999, f. & cert. ef. 4-12-99
859-200-0005 Background and Purpose of Extremely Dangerous Civil Commitment Program (1) Senate Bill 421 (2013) created a new type of civil commitment where the person civilly committed is found by the court to be: (a) Extremely dangerous: (A) Because the person is at least 18 years old and is exhibiting symptoms or behaviors of a mental disorder substantially similar to those that preceded the act described in ORS 426.701(3)(a)(C); and (B) Because of a qualifying mental disorder 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 others; and (C) Unless committed, will continue to represent an extreme risk to the safety of other persons in the foreseeable future. (b) Suffers from a qualifying mental disorder that is resistant to treatment; and (c) Because of the qualifying mental disorder that is resistant to treatment, the person committed one of the acts listed in ORS 426.701(3)(a)(C). (2) Once committed, the court places the person under the Board for 24 months for supervision and monitoring while under the Board’s jurisdiction. At the end of the 24-month commitment period, the court may recommit the person for additional 24-month commitment periods until such time the person meets the criteria for discharge. (3) During the period(s) of commitment, persons can be placed at the state hospital, or on conditional release, or discharged. Statutory/Other Authority: ORS 161.387 & ORS 426.701 Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 1-2014, f. & cert. ef. 3-5-14
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 mental illness under ORS 426.701 and who is placed under the jurisdiction of the Psychiatric Security Review Board (PSRB). No other PSRB administrative rules apply to the cases of those civilly committed and placed under the Board’s jurisdiction. Statutory/Other Authority: ORS 161.387 & ORS 426.701 Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 1-2014, f. & cert. ef. 3-5-14
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. 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) History: PSRB 1-2014, f. & cert. ef. 3-5-14
859-200-0025 Responsibilities of the PSRB regarding Extremely Dangerous Persons with Mental Illness 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) Holding hearings, as required by law, to determine the appropriate residential placement of persons under its jurisdiction; (2) Overseeing the supervision of persons placed on conditional release in the community, including approving conditional release and modifying conditional release plans, as appropriate; and (3) Facilitating the certification process at the end of the civil commitment period. 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) History: PSRB 1-2014, f. & cert. ef. 3-5-14
859-200-0030 Jurisdiction of Persons under the PSRB; Jurisdictional Criteria (1) The Board has jurisdiction over persons committed by a court as extremely dangerous persons with mental illness and who continue to meet jurisdictional criteria. (2) Jurisdictional criteria are the criteria necessary for a person to remain under the Board's jurisdiction and include the following: (a) The person suffers from a mental disorder that is resistant to treatment; and (b) The person continues to be extremely dangerous. 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) History: PSRB 1-2014, f. & cert. ef. 3-5-14
859-200-0035 Administrative meetings Three concurring votes are needed to make any decision at an administrative meeting. 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) History: PSRB 1-2014, f. & cert. ef. 3-5-14
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. 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) History: PSRB 1-2014, f. & cert. ef. 3-5-14
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. 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) History: PSRB 1-2014, f. & cert. ef. 3-5-14
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) 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. (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. Statutory/Other Authority: ORS 161.387 & ORS 426.701 Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702 History: PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022
859-200-0050 Purpose of Hearings The Board conducts hearings for persons committed to its jurisdiction. For the Board to have jurisdiction over those persons, the Board must determine if jurisdictional criteria (see OAR 859-200-0030) exist. If, at the time of the hearing, the jurisdictional criteria are not proven by a preponderance of the evidence, the person must be discharged. If jurisdictional criteria exist at the time of the hearing, the Board then makes a determination about appropriate residential placement of the person based on the record as a whole. 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) History: PSRB 1-2014, f. & cert. ef. 3-5-14
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 PSRB case manager, 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; (7) The county mental health agency in the county where the person resides if the person is on conditional release; and (8) The office of the district attorney of the county in which the person resides. 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) History: PSRB 1-2014, f. & cert. ef. 3-5-14
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. Statutory/Other Authority: ORS 161.387 & ORS 426.701 Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 1-2014, f. & cert. ef. 3-5-14
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. 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) History: PSRB 1-2014, f. & cert. ef. 3-5-14
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. Statutory/Other Authority: ORS 161.387 & ORS 426.701 Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702 History: PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022
859-200-0072 Further Periods of Commitment (1) For each subsequent period of commitment, the Board shall hold an initial hearing six months after the expiration of the previous period of commitment. (2) A new order signed by the court in the commitment is required for the Board to hold that the person is still extremely dangerous and suffers from a qualifying mental disorder that is resistant to treatment. Statutory/Other Authority: ORS 161.387 & ORS 426.701 Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702 History: PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022
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. 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) History: PSRB 1-2014, f. & cert. ef. 3-5-14
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. Statutory/Other Authority: ORS 161.387 & ORS 426.701 Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 1-2014, f. & cert. ef. 3-5-14
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. Statutory/Other Authority: ORS 161.387 & ORS 426.701 Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 1-2014, f. & cert. ef. 3-5-14
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. 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) History: PSRB 1-2014, f. & cert. ef. 3-5-14
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; (c) The credibility of the witness and whether the witness has bias or interest in the matter. (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. 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) History: PSRB 1-2014, f. & cert. ef. 3-5-14
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. 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) History: PSRB 1-2014, f. & cert. ef. 3-5-14
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. 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) History: PSRB 1-2014, f. & cert. ef. 3-5-14
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. 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) History: PSRB 1-2014, f. & cert. ef. 3-5-14
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. Statutory/Other Authority: ORS 161.387 & ORS 426.701 Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 1-2014, f. & cert. ef. 3-5-14