justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.346 & 419C.532 History: PSRB 2-2010, f. & cert. ef. 9-28-10
859-550-0040 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 documents; (b) The ability of a witness to have observed and have personal knowledge of an incident; (c) The credibility of the witness and whether the witness has bias or interest in the matter. (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. Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.346, 161.395 & 419C.532 History: PSRB 2-2010, f. & cert. ef. 9-28-10
859-550-0045 Witnesses and Documents; Subpoena Witnesses or documents may be subpoenaed as provided in ORS 161.395. Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.346, 161.395 & 419C.532 History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. 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 History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. 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 History: PSRB 10-2017, amend filed 12/11/2017, effective 01/01/2018 PSRB 2-2010, f. & cert. ef. 9-28-10
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. 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 History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.346, 419C.532 & 419C.538 History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.346 & 419C.532 History: PSRB 2-2010, f. & cert. ef. 9-28-10
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). 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 History: PSRB 1-2019, amend filed 09/30/2019, effective 09/30/2019 PSRB 2-2010, f. & cert. ef. 9-28-10
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. Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.385 History: PSRB 2-2010, f. & cert. ef. 9-28-10
859-550-0090 Youth Appearing Pro Se The Board shall not allow a youth to represent himself or herself. Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.346 & 419C.532 History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. Statutory/Other Authority: ORS 161.387 & ORS 419C.533 Statutes/Other Implemented: ORS 161.346, ORS 419C.532, ORS 419C.538 & ORS 419C.540 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 2-2010, f. & cert. ef. 9-28-10
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. (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, 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. (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 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. Statutory/Other Authority: ORS 161.387 & ORS 419C.533 Statutes/Other Implemented: ORS 419C.533 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 9-2017, adopt filed 12/11/2017, effective 12/11/2017
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. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.295-161.400 History: PSRB 8-2017, adopt filed 12/11/2017, effective 12/11/2017
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. 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 History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. 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 History: PSRB 10-2017, amend filed 12/11/2017, effective 01/01/2018 PSRB 2-2010, f. & cert. ef. 9-28-10
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. Statutory/Other Authority: ORS 161.387 & ORS 419C.533 Statutes/Other Implemented: ORS 161.346, 419C.532, 419C.538, 419C.540 & 419C.533 History: PSRB 10-2017, amend filed 12/11/2017, effective 01/01/2018 PSRB 2-2010, f. & cert. ef. 9-28-10
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. Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.336 & 419C.542 History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. 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 History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. 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 History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. 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 History: PSRB 2-2010, f. & cert. ef. 9-28-10
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; (c) Substance abuse treatment: which may include random urinalysis and attendance at self-help groups; (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. 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 History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. (c) All requests for discharge shall be considered only at a full hearing. 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 History: 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