justicedao/ipfs_state_laws huggingface dataset:
859-050-0040 Objections (1) Evidentiary objections: The Chairperson or acting Chairperson will rule on questions of evidence. Hearsay evidence will not be excluded unless the Chairperson or acting Chairperson determines the evidence is not material, relevant or reliable. (a) In determining whether the evidence is material, relevant or reliable, the Board will consider the following: (A) The age and source of the documents; (B) The ability of the witness to have observed and had personal knowledge of the incidents; (C) The credibility of the witness and whether the witness has bias or interest in the matter. (b) The person, the person's attorney or attorney representing the state may object to any evidence. The Board may decide the following: (A) To sustain the objection and deny the admission and consideration of the evidence on the grounds that it is not material, relevant or reliable; (B) To overrule the objection and admit the evidence and in considering the weight given to that evidence, consider the reason for the objection; or (C) To grant a continuance for a period of time not to exceed 60 days to allow a witness to appear or be subpoenaed to testify about the evidence under consideration. (2) Board member objections. If an objection for good cause is made as determined by the Chairperson or Acting Chairperson, to a specific member of the Board sitting on the panel considering a specific case, that member will recuse him/herself and, if necessary, the hearing will be postponed and rescheduled. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.346 & 161.385 History: PSRB 5-2016, f. & cert. ef. 3-17-16 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-050-0045 Witnesses and Documents; Subpoena Witnesses or documents may be subpoenaed as provided in ORS 161.395 upon request of any party to the hearing or on the Board's own motion, upon a proper showing of the general relevance and reasonable scope of the documentary or physical evidence sought: (1) Witnesses with a subpoena other than parties or state officers or employees will receive fees and mileage, as prescribed by law. (2) The Legislature has provided that a judge of the Circuit Court of the county in which the hearing is held will compel obedience by proceeding for contempt for failure of any person to comply with the subpoena issued. (3) Board staff will prepare subpoenas duces tecum and subpoenas for testimony requested by either party. However, the party requesting the subpoena is responsible for serving the subpoena. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.346 & ORS 161.395 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 5-2016, f. & cert. ef. 3-17-16 PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-050-0050 Testimony Given on Oath The Board will 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 161.387 Statutes/Other Implemented: ORS 161.346 & ORS 161.385 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 5-2016, f. & cert. ef. 3-17-16 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-050-0055 Burdens (1) The standard of proof on all issues at hearings of the Board will be the preponderance of the evidence. (2) The party with the burden of proof will also have the burden of going forward with the evidence (call and examine witnesses, propose conditions of release, etc.). (3) The burden of proof will depend on the type of hearing, as follows: (a) Initial 90-day hearing under ORS 161.341(6)(a): The state has the burden to show the person continues to be affected by a mental disease or defect and continues to be a substantial danger to others. (b) Initial review hearing under ORS 161.327(10): The state has the burden of proving that the current court conditional release, modification of conditional release, or a proposed plan is appropriate. (c) Revocation hearing under ORS 161.336(4)(c): The state has the burden to show that the revocation of conditional release was appropriate and that jurisdiction of the Board should continue. (d) Conditionally released outpatient's request for modification of a conditional release or discharge under ORS 161.336(5)(a): The patient has the burden of proving his or her fitness for modification of a conditional release or discharge. (e) Hospital patient's request for conditional release or discharge under ORS 161.341(3): The person has the burden of proving his or her fitness for conditional release or discharge unless it has been more than 2 years since the State had the burden of proof in which case the burden is on the State. (f) Request for conditional release or discharge of the patient by the State Hospital under ORS 161.341(1): the state must prove the person is not appropriate for conditional release or discharge. (g) Request for conditional release or discharge of the outpatient by an outpatient supervisor under ORS 161.336(5)(b): the State has the burden. (h) At a status review hearing (5 year hearing) under ORS 161.336(6): The state has the burden of proving that the current conditional release, modification of conditional release, or a proposed plan is appropriate. (i) If at any hearing the hospital staff agrees with the patient on the issue of mental disease or defect, dangerousness or fitness for conditional release but no advance notice is given to the Board that the hospital requests discharge or conditional release, the burden of proof remains with the patient. (j) The testimony of hospital staff will be considered as evidence to assist the Board in deciding whether the patient has met his/her burden. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.336, ORS 161.341, ORS 161.346 & ORS 161.327 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 5-2016, f. & cert. ef. 3-17-16 PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-050-0060 Deliberations Board deliberations are confidential and not open to the public. For purposes of this rule, “the public” does not include PSRB employees. PSRB staff may attend Board deliberations. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.346 History: PSRB 5-2016, f. & cert. ef. 3-17-16 PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-050-0065 Continuance of Hearing Upon the request of any party or on its own motion, the Board may, for good cause, continue a hearing for a reasonable period, up to 60 days to obtain additional information, psychiatric reports or testimony or to accommodate a witness’s schedule. The patient may waive the 60-day time period for good cause. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.346 History: PSRB 5-2016, f. & cert. ef. 3-17-16 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-050-0070 Cancellation of Hearing (1) The requestor of a hearing may request cancellation of that hearing. The request should be in writing and state the basis for the cancellation request. (2) If a patient/outpatient requests cancellation of a hearing after notices for that hearing have been mailed by the Board, the person will not be able to request another hearing for six months from the date of the canceled hearing. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.346 History: PSRB 5-2016, f. & cert. ef. 3-17-16 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-050-0075 Use of Restraints (1) The Board prefers to have patients appear at hearings without physical restraints. If, in the judgment of the patient's physician, the patient might need restraining, the Board prefers to have staff attending the hearing with the patient rather than to use 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 or request a continuance of that hearing until the patient can appear safely without restraints. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.346 History: PSRB 5-2016, f. & cert. ef. 3-17-16 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-050-0080 Board Decisions (1) The Board will provide findings and notify the parties and other interested individuals and organizations, as appropriate. (2) The board may issue its decisions orally on the record at the hearing, and will do so unless the Board has reason to delay issuing its findings. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.346 History: PSRB 5-2016, f. & cert. ef. 3-17-16 PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-050-0083 Split Votes at Hearings (1) When three members cannot agree during deliberations about a hearing outcome, the hearing may be continued for no longer than 60 days. The recording of the hearing and the exhibits will be reviewed by the remaining member(s) and a decision by the majority of the members will be the finding and order of the Board. Before making a decision, the Board may deliberate any time it has a quorum. (2) If the party objects for good cause to the remaining member's or members' review as set forth in section (1) of this rule, the Board may reschedule the matter for a hearing before the entire Board. (3) Board staff will electronically notice both parties and the victim advocate of the split shortly after the deciding vote(s) are known to staff. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.346 History: PSRB 5-2016, f. & cert. ef. 3-17-16
859-050-0085 Notification of Right to Appeal (1) At the conclusion of a Board hearing, the Board Chair or acting Chair will provide the person and his or her attorney with written notification advising of the right to appeal on an adverse decision within 60 days from the date an order is signed and the right to an attorney is indigent. (2) If the person refuses to sign the Notification of Appeal, the person’s attorney/PSRB staff will sign the Notification of Appeal attesting that the person refuses to sign it. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.385 History: PSRB 5-2016, f. & cert. ef. 3-17-16 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-050-0090 Patient/Outpatient Appearing Pro Se (1) When a patient/outpatient waives the right to be represented by an attorney, the Board will take written or oral testimony and decide whether the patient/outpatient is capable of understanding the proceedings. (2) After considering evidence about the competency of a patient/outpatient to represent his or her own interests at the hearing, the Board will rule on whether the patient/outpatient will be allowed to represent himself/herself pro se or whether the Board will appoint counsel to represent the patient/outpatient over his or her objection. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.346 History: PSRB 5-2016, f. & cert. ef. 3-17-16 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-050-0095 Examination of Person Under Jurisdiction of the Board (1) The Board may appoint a psychiatrist, psychiatric mental health nurse practitioner, or licensed psychologist to examine the person and submit a jurisdictional report to the Board, including an opinion as to the mental condition of the person, whether the person presents a substantial danger to others and whether the person could be adequately controlled on conditional release with treatment and supervision: (2) The attorney representing the state may choose, at the state's expense, a psychiatrist or licensed psychologist to examine the person. (a) The jurisdictional report will include a written opinion as to the mental condition of the person, whether the person presents a substantial danger to others and whether the person could be adequately controlled on conditional release with treatment and supervision. (b) The attorney for the state will file a written notice of intent to conduct an examination. This notice may include a request for a continuance of the scheduled hearing in order to allow time for the requested examination. (3) The attorney for the patient/outpatient may file a written request for the Board to appoint a psychiatrist or licensed psychologist to examine the patient/outpatient at the Public Defense Services Commission’s expense. The attorney may request a continuance of the scheduled hearing in order to allow time for the requested examination. (4) The Board, regardless of whether a request for examination is made by the Board, the State, the person’s attorney or the patient, may order the person placed in temporary custody of any state hospital or suitable facility for purposes of examination. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.346 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 5-2016, f. & cert. ef. 3-17-16 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-050-0110 Records of Hearings All Board 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 exhibit file and will not be considered in future Board hearings; 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 5-2017, adopt filed 12/07/2017, effective 12/07/2017
859-060-0005 Issues At any hearing before the Board 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 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 additional evidence. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.346 History: PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-060-0010 Primary Concern: Protection of Society In determining whether a person should be committed to a state hospital, conditionally released or discharged, the Board shall have as its primary concern the protection of society. The Board shall not discharge a person whose qualifying mental disorder may, with reasonable medical probability, occasionally become active, and when active, render the person a danger to others. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.336, 161.341, 161.346 & 161.351 History: PSRB 7-2017, amend filed 12/07/2017, effective 01/01/2018 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-060-0015 Initial Hearing (1) After being placed under the jurisdiction of the Board and committed to a state hospital, the person shall have an initial hearing before the Board to determine whether the person should be committed, conditionally released, or discharged: (a) At an initial hearing, the Board shall make a finding on the issue of presence of qualifying mental disorder and dangerousness and may base it on the court’s findings and any additional information received. (b) If the Board finds at its initial hearing that the person is affected by a qualifying mental disorder, presents a substantial danger to others and is not a proper subject for conditional release, the Board shall order the person committed to, or retained in, a state hospital designated by the Oregon Health Authority for custody, care, and treatment. (c) If the Board finds the person is still affected by a qualifying mental disorder and is a substantial danger to others but can be adequately controlled with treatment and supervision if conditionally released, the Board shall find the person appropriate for conditional release and shall follow procedures set forth in Division 70. (d) If the Board makes a finding that the person is no longer affected by a qualifying mental disorder or is no longer a substantial danger to others, the Board shall order the discharge of the person from jurisdiction. (2) After being placed under the jurisdiction of the Board and conditionally released by the court, the person shall have an initial review hearing before the Board to determine whether the person should be committed to a state hospital, continued on conditional release, or discharged. (a) If the Board finds at its initial review hearing that the person is affected by a qualifying mental disorder, presents a substantial danger to others and is not a proper subject for conditional release, the Board shall order the person committed to a state hospital designated by the Oregon Health Authority for custody, care and treatment. (b) If the Board finds the person is still affected by a qualifying mental disorder and is a substantial danger to others but can be adequately controlled with treatment and supervision, the Board shall find the person appropriate for continued conditional release. (c) 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. (d) If the Board makes a finding that the person is no longer affected by a qualifying mental disorder or is no longer a substantial danger to others, the Board shall order the discharge of the person from jurisdiction. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.336, ORS 161.341, ORS 161.346 & ORS 161.327 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 1-1985, f. 1-3-85, ef. 1-15-85
859-060-0020 Revocation Hearing At a revocation hearing the Board shall consider whether the revocation was appropriate and whether the person can be continued on conditional release or should be committed to a state hospital designated by the Mental Health and Developmental Disability Services Division. The Board may consider a request for discharge at a revocation hearing or make that finding after considering the evidence before the Board: (1) If the Board finds the person is affected by a qualifying mental disorder and presents a substantial danger to others and cannot be safely controlled in the community while on conditional release, the person shall be committed to a state hospital designated by the Mental Health and Developmental Disability Services Division. (2) If the Board finds the person could be controlled in the community but no conditional release plan has been approved by the Board, the Board shall order the person committed but find the person appropriate for conditional release. The Board shall 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 the Board finds the person can be controlled in the community and a verified conditional release plan is approved by the Board, the Board shall order the person placed on conditional release in accordance with procedures set forth in Division 70. (4) If the person has been charged with a new crime or is serving time in the corrections system, the Board shall not hold a revocation hearing until such time as the person is returned to the Mental Health and Developmental Disability Services Division or upon an appropriate request to hold a hearing. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.336 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
859-060-0025 Patient Request for Conditional Release (1) In a hearing before the Board on a person under the jurisdiction of the PSRB’s request for conditional release, the Board shall consider whether, although still affected by a qualifying mental disorder, the person can be adequately controlled in the community with treatment and supervision, and shall determine whether the person is a proper subject for conditional release in accordance with procedures set forth in Division 70. (2) A jurisdictional report is required to schedule this hearing type. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.341 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 1-1985, f. 1-3-85, ef. 1-15-85
859-060-0030 Patient Request for Discharge (1) In a hearing before the Board on a patient request for discharge, the Board shall determine whether the patient continues to be affected by a qualifying mental disorder and is a substantial danger to others: (a) If the Board finds the person is no longer affected by a qualifying mental disorder or if so affected, no longer presents a substantial danger to others, the person shall be discharged. (b) If the Board finds the person is not appropriate for discharge, the Board may consider whether the patient is appropriate for conditional release even if not requested previously by the patient. (2) A jurisdictional report is required to schedule this hearing type. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.341 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 1-1985, f. 1-3-85, ef. 1-15-85
859-060-0035 Hospital Request for Conditional Release (1) At any time while a patient is committed to a state hospital designated by the Mental Health and Developmental Disability Services Division, the superintendent of the hospital or designee shall apply to the Board for conditional release if it is the opinion of the treating physician that the patient continues to be affected by a qualifying mental disorder and continues to be a danger to others but can be controlled in the community with proper care, medication, supervision and treatment. (2) A jurisdictional report is required to schedule this hearing type. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.341 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 1-1985, f. 1-3-85, ef. 1-15-85
859-060-0040 Hospital or Outpatient Supervisor Request for Discharge (1) At any time while a patient is committed to a state hospital designated by the Oregon Health Authority the superintendent of the hospital or designee shall apply to the Board for discharge if, in the opinion of the hospital superintendent or designee the person is no longer affected by a qualifying mental disorder or, if so affected, the person no longer presents a substantial danger to others. (2) At any time while an individual is on conditional release, the case monitor shall apply to the Board for discharge if, in the opinion of the case monitor, the person is no longer affected by a qualifying mental disorder or, if so affected, the person no longer presents a substantial danger to others. (3) A jurisdictional report is required to schedule this hearing type. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.341 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 1-1985, f. 1-3-85, ef. 1-15-85