justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125 Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125 History: PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018
859-400-0210 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 by remote means. Statutory/Other Authority: ORS 163A.105, ORS 161.387 & ORS 419C.533 Statutes/Other Implemented: ORS 163A.105, ORS 161.387 & ORS 419C.533 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018
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. Statutory/Other Authority: ORS 161, 183 & 419C Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125 History: PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018
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. Statutory/Other Authority: ORS 161.387(1), ORS 183 & ORS 163A.125 Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125 History: PSRB 3-2018, adopt filed 11/28/2018, effective 12/01/2018
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; (c) Secure Adolescent In-patient Program (SAIP) at Children’s Farm Home; (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 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) History: PSRB 2-2010, f. & cert ef. 9-28-10
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. Statutory/Other Authority: ORS 161, 183 & 419C Statutes/Other Implemented: ORS 161.387(1), OL 2007 & Ch. 889 § 6 (SB 328) History: PSRB 2-2010, f. & cert ef. 9-28-10
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. 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) History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. 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) History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. 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) History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. 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) History: 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
859-530-0015 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. Statutory/Other Authority: ORS 161.387 & ORS 419C.533 Statutes/Other Implemented: ORS 419C.533 History: PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022
859-530-0020 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; (c) Conditional release; (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. (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 outlined in section (1) of this rule. Statutory/Other Authority: ORS 161.387 & ORS 419C.533 Statutes/Other Implemented: ORS 419C.533 History: PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022
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. 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 History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. Statutory/Other Authority: ORS 161.385 & ORS 419C.533(1) Statutes/Other Implemented: ORS 161.385, ORS 419C.533(1) & ORS 419C.532 History: 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
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”. 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) History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. 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) History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. 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 History: PSRB 2-2010, f. & cert. ef. 9-28-10
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; (c) The youth’s parents or guardians, if known; (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; (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; (c) A statement of the legal authority and jurisdiction under which the hearing is to be held; and (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; (C) To subpoena witnesses and documents as provided in ORS 161.395; (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. Statutory/Other Authority: ORS 161.387 & ORS 419C.533 Statutes/Other Implemented: ORS 419C.532 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 2-2010, f. & cert. ef. 9-28-10
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; (c) Right to subpoena witnesses and documents as provided in ORS 161.395; (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. Statutory/Other Authority: ORS 161.387, OL 2007 & 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.346(4) & 419C.532(12) History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. 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 History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.385(1)-(7) History: PSRB 2-2010, f. & cert. ef. 9-28-10
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. 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
859-550-0030 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 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. 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 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 2-2010, f. & cert. ef. 9-28-10