justicedao/ipfs_state_laws huggingface dataset:
859-060-0045 Mandatory Two-Year, Five-Year Hearings The Board shall have periodic mandatory hearings for all patients: (1) Two-year hearing: (a) In no case shall a person be committed and held in a state hospital under the Board’s jurisdiction for a period of time exceeding two years without a hearing before the Board to determine whether the person should be conditionally released or discharged; (b) The Board shall consider whether the person continues to be affected by a qualifying mental disorder, whether the person presents a substantial danger to others, and if the person is affected by a qualifying mental disorder and is a substantial danger to others, whether the person could be adequately controlled if conditionally released. (2) Five-year hearing. Any person who has been under the jurisdiction of the Board and who has resided in the community on conditional release status for five years shall be brought before the Board for a hearing within 30 days of the expiration of the five-year period: (a) The hearing shall be set as close to the five-year date as possible and shall be combined with any other scheduled hearing for the person; (b) The Board shall consider whether the person continues to be affected by a qualifying mental disorder, whether the person presents a substantial danger to others, and if the person is affected by a qualifying mental disorder and is a substantial danger to others, whether the person shall be continued on conditional release. (3) A jurisdictional report is required to schedule these hearing types. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.341 & ORS 161.351 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 7-2017, amend filed 12/07/2017, effective 01/01/2018 PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1990, f. & cert. ef. 1-16-90 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-060-0050 Status Hearing The Board may hold a hearing at any time to review the status of the patient to determine whether modification of a conditional release order is appropriate, whether a revocation is appropriate or any other change in status as allowed by law. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.336 History: PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-070-0005 Court Conditional Release (1) If the court finds the person presents a substantial danger to others but may be adequately controlled with supervision and treatment if conditionally released, and that necessary supervision and treatment are available, the court, instead of ordering the person committed to a state hospital, may order the person conditionally released. (2) To make the finding above, the court must: (a) Order a consultation to the local mental health program designated by the Board to determine whether the necessary supervision and treatment for the person are available in the community and appropriate for the person. (A) A consultation must be ordered by the court when the person’s most serious offense in the charging instrument is a Class C felony. (B) A consultation may be ordered by the court when the person’s most serious offense in the charging instrument is a Class A or Class B felony. (b) Order a community evaluation if the local mental health program determines through the consultation that the necessary supervision and treatment for the person are available in the community and appropriate for the person. (3) All orders conditionally releasing a person must include: (a) The agency designated by the Board to supervise the person upon release; (b) The address where the person shall reside; and (c) Those conditions as outlined on the Summary of Conditional Release Plan template available on the PSRB’s website, including, but not limited to mandated treatment type and frequency and other special conditions that the court finds are in the best interests of justice, the protection of society and the welfare of the person. (4) The court must notify the Board within one judicial day of a conditional release order and provide to the Board an electronic copy of the conditional release order. (5) The Board shall hold an initial review hearing within 90 days from the date an individual is ordered to be placed on a court conditional release. The Board may issue an order continuing the court order of conditional release when all the elements of the conditional release plan are in accordance with procedures set forth in Division 70. (6) The Board may issue a modification of the court order of conditional release when, upon review, elements of the plan have changed, have not been set out in sufficient detail or additional conditions are needed. (7) The Board may issue an order of revocation in accordance with provisions set forth in Division 80. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.327 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-070-0010 Board Order of Conditional Release In determining whether an order of conditional release is appropriate, the Board shall have as its goals the protection of the public, the best interests of justice, and the welfare of the individual. The Board may consider the testimony and exhibits at the hearing regarding the patient's behavior in the hospital including the patient's progress, insight and responsibility taken for the patient's own behavior: (1) If the Board finds the person may be controlled in the community and a verified conditional release plan is approved by the Board, the Board may order the person placed on conditional release. If a person has a DOC detainer, the Board may order conditional release to that agency if the Board finds that the patient no longer needs a hospital level of care and that the patient could be adequately controlled and treated and the supervision and treatment necessary are available in that DOC setting. (2) If the Board finds the person could be controlled in the community or DOC but no conditional release plan has been approved by the Board, the Board may order the person committed but find the person appropriate for conditional release pending submission of a conditional release plan signed by either a mental health community provider or DOC. The Board may specify what conditions the plan should include and may approve the conditional release plan submitted by the staff of the hospital, by the patient or someone on the patient's behalf at an administrative hearing. (3) If a verified conditional release plan has not been approved and the conditions need further examination and approval of the Board, the Board may commit the patient, find the patient appropriate for conditional release or continue the hearing. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.336 & 161.646 History: PSRB 2-2013, f. & cert. ef. 6-20-13 PSRB 1-2013(Temp), f. 2-22-13, cert. ef. 3-1-13 thru 8-26-13 PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-070-0015 Elements of Conditional Release Order The Board shall consider any or all of the following elements of a conditional release plan and determine which are appropriate and necessary to insure the safety of the public: (1) Housing: Housing must be available for the patient. The Board may require 24-hour supervised housing, a supervised group home, foster care, housing with relatives or independent housing. (2) Mental health treatment: Mental health treatment must be available in the community or at DOC. The Board-approved provider of the treatment must have had an opportunity to evaluate the patient and the proposed conditional release plan and to be heard before the Board. The Board shall not require an evaluation be performed by DOC staff prior to consideration of conditional release due to the nature of that state agency, its security and its resources for the provision of mental health services. The provider must have agreed to provide the necessary mental health treatment to the patient. The treatment may include: individual counseling, group counseling, home visits, prescription of medication or any other treatment recommended by the provider(s) and approved by the Board. (3) Reporting responsibility: An individual must be available to be designated by the Board as having primary reporting responsibility and must have agreed to: (a) Notify the Board in writing of the patient's progress at least once a month unless the patient is housed at DOC in which case progress reports will be submitted upon request of the Board; (b) Notify the Board promptly of any grounds for revocation under OAR 859-080-0010; (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, including, but not limited to, the following: no consumption of alcohol, taking of antabuse, observation by designated individual of each ingestion of medication, submitting to drug screen tests, no driving, vocational activities, day treatment, attending school, working, or sex offender assessment and treatment. (5) Parole and probation: Parole and probation supervision may be ordered. (6) Agreement to conditional release: Patients shall agree to and sign a form promising to comply with the general conditions of release. This signed form shall be made a part of the conditional release plan. The conditions shall include notice that if the person leaves the state without authorization of the Board, the person may be charged with a new crime of escape. This subsection does not apply to a patient who is conditionally released to DOC. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.336 & 161.646 History: PSRB 2-2013, f. & cert. ef. 6-20-13 PSRB 1-2013(Temp), f. 2-22-13, cert. ef. 3-1-13 thru 8-26-13 PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-070-0020 Mental Health and Developmental Disability Services Division Responsibility to Prepare Plan (1) When the state hospital staff feels that a patient may be ready for conditional release, the staff may request that the Board order an evaluation for community placement. (2) The Mental Health and Developmental Disability Services Division is responsible for and shall prepare the conditional release plan. In order to carry out the conditional release plan, the Mental Health and Developmental Disability Services Division may contract with a community mental health program, other public agency or private corporation or an individual to provide evaluations for community placement, supervision and treatment. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.336 & 161.390 History: PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-070-0025 Modification or Termination of Conditional Release Modification or termination of an order of conditional release may be proposed by the patient, supervising person, mental health facility or any other interested party, or by the staff or the Board on its own motion upon a review of the status of the patient: (1) Modifications of conditional release may be considered by the Board at any time. (2) As an alternative to termination of conditional release, a patient may return voluntarily to a state hospital. (3) Termination of conditional release may be effected by preparation of a revocation order in accordance with procedures set forth in Division 80. (4) The individual designated as having primary reporting responsibility shall provide the Board with a written summary of the person’s progress, recommendations on future action to be taken and, if possible, shall be present to testify on these issues at the Board hearing. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.336 History: PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-070-0030 Evaluation and Reports (1) All reports and evaluations received on the person’s fitness for conditional release, modification of conditional release or revocation, and monthly progress shall be made a part of the record. (2) All serious incidents must be communicated through an immediate phone call to the PSRB executive director or designee and followed-up with a written incident report. A serious incident includes, but is not limited to: (a) Unauthorized departure; (b) Arrest; (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 Statutes/Other Implemented: ORS 161.336 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-070-0035 Out-of-State Conditional Release Order The Board may consider and approve a conditional release plan to have the patient reside out of state. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.336 History: PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-080-0005 Affidavit Recommending Revocation (1) Affidavit Recommending Revocation. Upon the recommendation of the staff of the Psychiatric Security Review Board and receipt of an affidavit based on noncompliance with an order of the Board or a change in the patient’s conditions of release or mental status, a Board member may order the person returned to a state hospital for evaluation and treatment through an order of revocation. (2) Emergency Revocation. When a Board member is not available and time is of the essence, the executive director of the Psychiatric Security Review Board may issue and execute an order of revocation subject to review by a Board member within 72 hours of the execution of the order. (3) If the executive director is unavailable due to paid or health care-related leave, the PSRB’s deputy director may issue orders for the return of PSRB patients on conditional release, as provided in Chapter 120, Or. Laws 2018, §5(4)(a)(A), and subsection (2) of this section. Statutory/Other Authority: ORS 161.387 & Chapter 120, 2018 Or. Laws, §5 Statutes/Other Implemented: ORS 161.336 History: PSRB 1-2019, amend filed 09/30/2019, effective 09/30/2019 PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1987, f. & ef. 2-4-87 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-080-0010 Reasonable Grounds for Revocation Reasonable grounds for revocation of a conditional release include: (1) The person has violated terms of the conditional release plan; (2) The person’s mental health has changed; (3) The person has absconded from jurisdiction; (4) The community resources required by the conditional release order are no longer available. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.336 History: PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-080-0015 Procedure for Revocation (1) After an order of revocation has been signed by a Board member, the written order is sufficient warrant for any law enforcement officer to take the patient into custody and transport the patient as directed by the order. A sheriff, municipal police officer, constable, parole or probation officer, prison official or, other peace officer shall execute the order. (2) A community mental health program director shall contact the PSRB’s executive director as soon as is safe and practicable after discovering that a law enforcement officer has contacted a PSRB patient for whom the mental health program director has responsibility. (3) When a law enforcement officer contacts a PSRB patient who has absconded from conditional release, a written or electronic order from the patient’s assigned community mental health program director shall serve as sufficient warrant for the officer to take the patient into custody and to transport the patient to an appropriate facility as outlined in ORS 161.336. (4) Any Psychiatric Security Review Board patient whose conditional release is revoked under this chapter is entitled to a hearing under ORS 161.336(4)(c). (5) For purposes of this section, “other facility” means a residential facility that provides mental health treatment and is licensed, certified, contracted, or operated by the Oregon Health Authority. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.336 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 1-2019, amend filed 09/30/2019, effective 09/30/2019 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-090-0005 Reconsideration A party to the hearing may request reconsideration of a Board finding in writing or, on its own motion, the Board can reconsider the finding: (1) If an issue is appropriately raised, the matter shall be remanded to the Board for hearing on that issue. A reconsideration may be upheld if: (a) The written findings are found to be inaccurate or do not support the action taken by the Board; or (b) Substantial information material to the issues which was not known or which could not have been known at the time of the hearing is received; or (c) A material misrepresentation of facts or concealment of facts occurred; or (d) The Board decision is contrary to the rules or statutes governing the Board. (2) If the issues are not appropriately raised, the person shall receive written notification of the reasons for denial of reconsideration. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.346 History: PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-090-0010 Judicial Review (1) The Legislature has provided that a final Board order shall be subject to review by the Court of Appeals upon petition to the court within 60 days of the issuance of the order in accordance with ORS 161.385(8). (2) The Board shall provide the attorney for the patient and the court with the record of proceedings. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.385 History: PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-090-0015 Enforcement of Board Orders The Board may apply to the circuit court of the appropriate county for contempt proceedings under ORS 161.395(5) when its directive to an agency or person is not followed. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.395 History: PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-100-0005 Compliance State or local mental health programs shall comply with any order of the Board. Statutory/Other Authority: ORS 137, 161, 192 & 428 Statutes/Other Implemented: ORS 161.336 & 161.346 History: PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-100-0010 Custody of Person Who is a Substantial Danger to Others The Legislature has provided that the community mental health program director, the director of the facility providing treatment to a person on conditional release, any peace officer or any individual responsible for the supervision of the person on conditional release may take, or request that a person on conditional release be taken, into custody if there is reasonable cause to believe the person is a substantial danger to others because of a qualifying mental disorder and the person is in need of immediate care, custody, or treatment. The person shall be transferred to the state hospital designated by the Mental Health and Developmental Disabilities Services Division. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.346 History: PSRB 7-2017, amend filed 12/07/2017, effective 01/01/2018 PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-100-0015 Temporary Custody of Patient in State Hospital At any time, the Board may appoint a psychiatrist or licensed psychologist to examine the person and submit a report to the Board. In order to facilitate the examination, the person may be placed in the temporary custody of any state hospital or other suitable facility. Statutory/Other Authority: ORS 137, 161, 192 & 428 Statutes/Other Implemented: ORS 161.346 History: PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-100-0020 Mental Health and Developmental Disability Services Division Rules for Assignment and Treatment The Legislature has provided that the Mental Health and Developmental Disability Services Division shall promulgate rules for assignment of persons to state mental hospitals under ORS 161.341, 161.365 and 161.370 and for establishing standards and methods for evaluation and treatment of persons committed to a state hospital designated by the division or ordered to a community mental health program under 137.540, 161.315 to 161.351, 192.690 and 428.210. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.390 History: PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-100-0025 Discharge and Conditional Release Plans The Legislature has provided that the Mental Health and Developmental Disability Services Division is responsible for preparation of discharge or conditional release plans. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.336 & 161.390 History: PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-100-0030 Leaves and Passes (1) Any overnight or out-of-town leave of absence or pass request for PSRB patients in a state hospital shall be signed by a physician and submitted to the PSRB on the Board’s pass request form no less than three days prior to the proposed pass or leave of absence date. (2) Emergency pass requests may be made by telephone to the PSRB office by the physician or social worker. (3) Written confirmation should be submitted to the Board in each case: (a) A leave of absence or pass may be requested when the physician is of the opinion that a leave of absence or pass from the hospital would pose no substantial danger to others and would be therapeutic for the person; (b) Hospital staff will be contacted by the PSRB only if there are any reservations about the pass. Statutory/Other Authority: ORS 137.540, 161.315, 161.327, 161.332, 161.341, 161.346, 161.351, 161.365, 161.370, 161.390, 161.400, 192.690 & 428.210 Statutes/Other Implemented: ORS 161.400 History: PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-100-0035 Emergency Move Exceptions (1) Nothing in Divisions 1 through 110 prohibits the Board, the community placement, and the Oregon Health Authority from entering into a mutually satisfactory agreement regarding the patient’s temporary placement in the community during an emergency. (a) If the person is temporarily placed in a more restrictive setting during an emergency, they are not required to obtain a mental health evaluation before returning to the placement they had before the emergency temporary move occurred unless otherwise recommended by the PSRB case monitor. (b) For the purposes of this rule, an emergency is defined as circumstances that could not be reasonably foreseen that create a substantial risk to the health and safety of the patient, including, but not limited to, a natural disaster, fire, or the unexpected closure of the patient’s residence. (2) In the event of a person’s move to a temporary placement due to an emergency, the PSRB will notify the any victims of the person’s move as soon as practicable. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.387 History: PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022