justicedao/ipfs_state_laws huggingface dataset:
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. 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
859-200-0125 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. 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
859-200-0130 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. 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
859-200-0135 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. 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
859-200-0140 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. 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
859-200-0145 Examination of Person (1) The Board may appoint a psychiatrist or licensed psychologist to examine the person and submit a report to the Board, including an opinion about whether the person continues to meet jurisdictional criteria and whether the person could be adequately controlled on conditional release with proper care, medication, supervision and treatment. The Board may order the person placed in temporary custody of any state hospital or suitable facility for purposes of examination. (2) The attorney representing the state may choose, at the state’s expense, a psychiatrist or psychologist to examine a person regarding the commitment proceedings. 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
859-200-0150 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; (c) Conditional release; (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. (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 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
859-200-0200 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. 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
859-200-0205 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. Statutory/Other Authority: ORS 161.387(1) & ORS 426.701 Statutes/Other Implemented: ORS 161.387(1) & 426.701 History: PSRB 6-2017, amend filed 12/07/2017, effective 12/07/2017 PSRB 1-2014, f. & cert. ef. 3-5-14
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. 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
859-200-0215 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. 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
859-200-0220 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; (c) Notify the Board promptly of any significant changes in the implementation of the conditional release plan; (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. 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
859-200-0225 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. 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
859-200-0230 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. (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; (c) Positive urine or oral drug screen or other substance use testing; (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. 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
859-200-0235 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; (c) Positive urine or oral drug screen or other substance use testing; (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. Statutory/Other Authority: ORS 161.387(1) & ORS 426.701 Statutes/Other Implemented: ORS 161.387(1), 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
859-200-0300 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; (c) The person has escaped or taken an unauthorized departure from jurisdiction or placement; (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. 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
859-200-0305 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. 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
859-200-0310 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. Statutory/Other Authority: ORS 161.387(1) & ORS 426.701 Statutes/Other Implemented: ORS 161.387(1), 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
859-200-0315 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. (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 and the district attorney of the commitment county of the person’s move as soon as practicable. 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
859-200-0320 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 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
859-300-0001 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. 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) History: 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