reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0120 - Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A record shall
			 be kept of all sex offender relief hearings. The hearing officer shall ensure
			 that the record developed at the hearing shows a full and fair inquiry into the
			 facts necessary for proper consideration of all issues before the presiding
			 officer in the case and the correct application of the law to those
			 facts.
(2) All sex offender relief
			 hearings, except Panel deliberations, shall be recorded by manual or electronic
			 means which can be transcribed. No other record of Panel relief hearings shall
			 be made. All documents considered at relief hearings shall be included as
			 exhibits and kept as part of the record:
(a)
			 An electronic recording capable of being transcribed shall be kept by the Board
			 for a minimum period of two years from the relief hearing date;
(b) The sex offender relief hearings shall be
			 transcribed from the recording when an appeal is filed. Once transcribed, the
			 transcript may be substituted for the original record;
(c) Any material to which an objection is
			 sustained shall not be considered by the Panel. All objections and all rulings
			 of the Sex Offender Relief Panel on objections and motions shall be noted on
			 the record; and
(d) The electronic
			 recording or transcript of the proceedings shall be made available at cost to a
			 party to the proceedings upon request.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0130 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
The parties shall have the right to review any records to be
				considered at the relief hearing. All parties and their representative
				attorneys shall sign confidentiality agreements, as necessary, prior to
				inspecting or reviewing any records that are made confidential under either
				state or federal law, including but not limited to: medical records; drug and
				alcohol records; and criminal history information records.
Statutory/Other Authority: ORS
				  161.387(1)
				  & ORS
				  163A.125
Statutes/Other Implemented: ORS
				  161.387(1)
				  & ORS
				  163A.125
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0140 - Evidence Considered; Admissibility

Current through Register Vol. 63, No. 7, July 1, 2024
The Panel 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) All materials or witness testimony
			 submitted by petitioner, including materials or testimony regarding
			 petitioner's reputation. All witness names must be submitted to the Board at
			 least 10 days prior to the hearing.
(2) Information submitted by the district
			 attorney or other interested persons, including victims, or elicited by the
			 Panel in the course of hearing.
Statutory/Other Authority: ORS
				  161.387(1)
				  & ORS
				  163A.125
Statutes/Other Implemented: ORS
				  161.387(1)
				  & ORS
				  163A.125
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0150 - Motion Practice

Current through Register Vol. 63, No. 7, July 1, 2024
Any party bringing a motion before the Panel shall submit five
				copies of the motion and memorandum of law to the Panel at least 10 days prior
				to the date of the hearing in which the motion will be heard.
Statutory/Other Authority: ORS
				  161.387(1)
				  & ORS
				  163A.125
Statutes/Other Implemented: ORS
				  161.387(1)
				  & ORS
				  163A.125
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0160 - Independent Examination of Petitioner

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The PSRB may require that the petitioner
			 undergo an independent psychosexual assessment in addition to any submitted by
			 petitioner. The assessment shall include, at a minimum, an opinion and a basis
			 for that opinion, of the petitioner's risk of recidivism, and shall discuss any
			 efforts on the petitioner's part to engage in rehabilitative treatment. The
			 petitioner shall bear the costs of any independent evaluation and assessment.
			 Failure of petitioner to undergo an assessment ordered by the PSRB will result
			 in denial of the petition for relief.
(2) An attorney representing the state or
			 county may request that the Board require the petitioner to submit to a
			 forensic mental health assessment by a psychiatrist or psychologist. If
			 granted, the party requesting the assessment shall bear its costs.
(a) The attorney for the state or county
			 shall file a written notice of intent to request an assessment within 10 days
			 from receipt of the petition for relief. The notice shall be served on the
			 Board and the petitioner.
(b) The
			 examination shall include an opinion, and a basis for that opinion, as to
			 whether the petitioner is statistically unlikely to reoffend, and whether the
			 petitioner poses a threat to the safety of the public were the Panel to grant
			 relief.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0170 - Objections to Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
The presiding officer shall rule on questions of evidence. All
				evidence shall be admitted unless the presiding officer determines the evidence
				is not material, not relevant, or not reliable.
(1) In determining whether the evidence is
			 material, relevant, or reliable, the presiding officer shall consider the
			 following:
(a) Whether the evidence is of a
			 type commonly relied upon by reasonably prudent persons in the conduct of their
			 serious affairs;
(b) The age and
			 source of the documents;
(c) The
			 ability of the witness to have observed and had personal knowledge of the
			 incidents; and
(d) The credibility
			 of the witness and whether the witness has bias or interest in the
			 matter.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0180 - Witnesses and Documents; Subpoena

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Witnesses or documents may be subpoenaed
			 either by a party or upon the Board's own motion.
(2) A party may request the Board issue a
			 subpoena upon a proper showing of the general relevance and reasonable scope of
			 the documentary, physical, or witness evidence sought. The party requesting
			 that a subpoena be issued by the Board shall be responsible for all costs
			 associated with witness fees and service of the subpoena.
(3) Upon failure of any person, agency or
			 facility to comply with a subpoena issued by the Board, the petitioner,
			 counsel, the Board, or its designated representative may apply to the judge of
			 a circuit court of any county to compel compliance with the subpoena.
Statutory/Other Authority: ORS
				  183.445,
				  ORS
				  161.395, ORS
				  161.387(1)
				  & ORS
				  163A.125
Statutes/Other Implemented: ORS
				  161.387(1)
				  & ORS
				  163A.125
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0190 - Testimony Given on Oath

Current through Register Vol. 63, No. 7, July 1, 2024
The Panel shall take testimony of a witness upon oath or
				affirmation of the witness administered by the presiding officer at the relief
				hearing.
Statutory/Other Authority: ORS
				  161.387(1)
Statutes/Other Implemented: ORS
				  161.387(1)
				  & ORS
				  163A.125
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0200 - Standard and Burden of Proof

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0210 - Mandatory Personal Appearance

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0220 - Decisions of the Panel; Final Orders; Re-application

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0230 - Submission of Final Order of Relief to Oregon State Police

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 501 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD RULEMAKING PROCEDURES › Section 859-501-0005 - Notice

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 501 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD RULEMAKING PROCEDURES › Section 859-501-0010 - Cost of Administrative Rules

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 161, 183, 419C
Stats. Implemented: ORS
				  161.387(1), OL
				  2007, Ch. 889 § 6 (SB 328)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 510 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD DEFINITIONS › Section 859-510-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Administrative Hearing" means a meeting
			 of the Board at which a quorum is present but the youth is not for the purpose
			 of deliberating about a youth's status or conditional release plan based upon
			 the written record before the Board.
(2) "Administrative Meeting" means any
			 meeting of the Board at which a quorum is present for the purpose of
			 considering matters relating to Board policy and administration, at which
			 minutes are taken, and approved at a subsequent administrative meeting by a
			 majority of members present.
(3)
			 "Board" means the juvenile panel of Oregon Psychiatric Security Review Board as
			 constituted under ORS 161.385.
(4)
			 "Burden of proof" means the responsibility of the youth or the state to
			 convince the Board of the truth of its version or interpretation of facts or
			 issues in dispute.
(5) "Commit"
			 means order of placement in a secure facility.
(6) "Community Evaluation" is a written
			 report ordered by the Board or other court and conducted by a qualified mental
			 health professional from a local mental health program designated by the Board
			 to determine if a youth can be adequately controlled with supervision and
			 treatment if conditionally released and that necessary supervision and
			 treatment are available.
(7)
			 "Conditional Release" means an order by the court or Board authorizing a youth
			 to reside outside a Secure Adolescent In-patient Program (SAIP), Secure
			 Children's In-patient Program (SCIP), or Intensive Treatment Services (ITS), in
			 the community under conditions established for the monitoring and treatment of
			 the youth's mental and physical health.
(8) "Department of Human Services" and
			 "Department" mean the Oregon Department of Human Services as constituted under
			 ORS 409.010.
(9) "Discharge" means
			 the termination of a youth's jurisdiction under the Board because the youth is
			 either no longer affected by a serious mental condition or no longer affected
			 by a qualifying mental disorder that presents a substantial danger to others
			 and requires regular medical care, medication, supervision or treatment; or
			 term of jurisdiction has lapsed.
(10) "Escape" means:
(a) A youth committed to a state hospital,
			 SAIP, SCIP, or SITP who:
(A) Leaves the
			 supervision of treatment staff without permission;
(B) Leaves the facility without permission;
			 or
(C) Fails to return at the
			 appointed time to the facility.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 520 - ORGANIZATION OF THE JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-520-0005 - Membership and Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The Juvenile panel of the Psychiatric Security Review Board
				shall consist of five members as constituted in ORS chapter
				419C.
Stat. Auth.: ORS
				  161.385,
				  161.387; OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.385(1)-(7),
				  161.387(1)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 520 - ORGANIZATION OF THE JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-520-0010 - Chair

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall elect one of its members as chairperson to
				serve for a term of one year, with the possibility of
				re-election.
Stat. Auth.: ORS
				  161.385,
				  161.387; OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.385(1)-(7),
				  161.387(1)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 520 - ORGANIZATION OF THE JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-520-0020 - Executive Director; Powers and Duties

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  161.385,
				  161.387; OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.385(1)-(7),
				  161.387(1)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 530 - RESPONSIBILITIES OF JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-530-0010 - Functions and Purpose of JPSRB

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 530 - RESPONSIBILITIES OF JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-530-0015 - Diversity, Equity, and Inclusion

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 530 - RESPONSIBILITIES OF JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-530-0020 - Victim's Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 540 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD HEARINGS AND MEETINGS › Section 859-540-0005 - Hearings and Administrative Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 540 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD HEARINGS AND MEETINGS › Section 859-540-0010 - Quorum and Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 540 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD HEARINGS AND MEETINGS › Section 859-540-0015 - Public Meetings Law

Current through Register Vol. 63, No. 7, July 1, 2024
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".
Stat. Auth.: ORS
				  161.385, 161.387OL 2007, Ch. 889
				  § 6 (SB 328)
Stats. Implemented: ORS
				  161.385(1)-(7),
				  161.387(1)-(2)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 540 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD HEARINGS AND MEETINGS › Section 859-540-0020 - Records

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 540 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD HEARINGS AND MEETINGS › Section 859-540-0025 - Public Records Law; Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0005 - Notice

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0010 - Information Contained in Notice

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0015 - Timing of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall hold hearings for all youth under its
				jurisdiction within the timeframes set forth in its statutes in ORS chapter
				419C.
Stat. Auth.: ORS
				  161.387, OL 2007 889 § 6
				  (SB 328)
Stats. Implemented: ORS
				  419C.532,
				  419C.538,
				  419C.540 - ORS
				  419C.544
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0020 - Chairperson Conducting Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  161.387, OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.385(1)-(7)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0025 - Youth's Right to Review Record; Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  161.387, OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.346,
				  419C.532
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0030 - Evidence Considered; Admissibility

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0035 - Motion Practice

Current through Register Vol. 63, No. 7, July 1, 2024
Any party bringing a motion before the Board shall submit five
				copies of the motion and supporting memorandum of law to the Board and one to
				the opposing party no later than 10 days prior to the hearing date in which the
				motion will be heard.
Stat. Auth.: ORS
				  161.387, OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.346,
				  419C.532
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0040 - Objections to Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
The chairperson or acting chairperson shall rule on questions
				of evidence. Hearsay evidence shall not be excluded unless the chairperson or
				acting chairperson determines the evidence is not material, relevant or
				reliable.
(1) In determining whether
			 the evidence is material, relevant or reliable, the Board shall consider the
			 following:
(a) The age and source of
			 documents;
(b) The ability of a
			 witness to have observed and have personal knowledge of an incident;
(c) The credibility of the witness and
			 whether the witness has bias or interest in the matter.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0045 - Witnesses and Documents; Subpoena

Current through Register Vol. 63, No. 7, July 1, 2024
Witnesses or documents may be subpoenaed as provided in ORS
				161.395.
Stat. Auth.: ORS
				  161.387, OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.346,
				  161.395,
				  419C.532
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0050 - Testimony Given on Oath

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall take testimony of a witness upon oath or
				affirmation of the witness administered by the chairperson or acting
				chairperson at the hearing.
Stat. Auth.: ORS
				  161.385,
				  161.387; OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.346,
				  161.385,
				  419C.532
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0055 - Standards and Burdens of Proof

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The standard of proof on all facts and issues at hearings of the Board shall be
			 the preponderance of the evidence.
(2) The burden of proof shall depend on the
			 type of hearing. State has the burden at all hearings except at a
			 youth-requested hearing or conditionally released youth requested hearings
			 unless it has been more than two years since the State has had the burden of
			 proof.
(3) If at any hearing the
			 secure facility staff agrees with the youth on the issue of qualifying mental
			 disorder, dangerousness or fitness for conditional release but no advance
			 notice is given to the Board that the facility requests discharge or
			 conditional release, the burden of proof remains with the youth. The testimony
			 of facility staff will be considered as evidence to assist the Board in
			 deciding whether the youth has met his/her burden.
Statutory/Other Authority: ORS
				  161.387  & ORS
				  419C.533
Statutes/Other Implemented: ORS
				  161.336,
				  161.341,
				  161.346,
				  419C.532,
				  419C.538,
				  419C.540  & 419C.542
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0060 - Burden of Going Forward

Current through Register Vol. 63, No. 7, July 1, 2024
The party that has the burden of proof shall also have the
				burden of going forward with the evidence by calling and examining witnesses,
				proposing conditions of release or bringing other matters before the
				Board.
Stat. Auth.: ORS
				  161.387, OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.346,
				  419C.532,
				  419C.538,
				  419C.540,
				  419C.542
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0070 - Cancellation of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 youth may request to cancel a youth-requested hearing. However, unless a youth
			 makes such a request in writing and with at least 3 weeks' advance notice, the
			 youth shall not be eligible to request another hearing for six months from the
			 date of the originally scheduled hearing.
(2) The Board shall not allow cancellation of
			 any other type of hearing required by law.
Stat. Auth.: ORS
				  161.387, OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.346,
				  419C.532,
				  419C.538
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0075 - Use of Restraints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
			 the Board's preference to have a youth appear at hearing without physical
			 restraints. If, in the judgment of the youth's physician, the youth might need
			 restraint, the Board would request that additional secure facility staff attend
			 the hearing with the youth rather than use mechanical restraints. However, the
			 final decision on use of restraints shall lie with the physician.
(2) Any attorney objecting to the youth
			 appearing in restraints at the hearing may raise the issue and ask the Board to
			 take testimony from the physician to justify the use of restraints.
Stat. Auth.: ORS
				  161.387, OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.346,
				  419C.532
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0080 - Decisions of the Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board may issue its decision orally on the record at the hearing, and will do
			 so unless it has reason to delay issuing its findings.
(2) Within 30 days following the conclusion
			 of a hearing, the Board shall provide the youth, the attorney representing the
			 youth, the youth's parents or guardians, if known, the person having legal
			 custody of the youth, the district attorney of the county in which the youth
			 was adjudicated, the attorney representing the state, the committing court and
			 all others required by statute, written notice of the Board's decision:
(a) The Board's order shall be signed by a
			 member present at the hearing.
(b)
			 The formal Board order shall contain the findings of fact, conclusions of law,
			 reasons for the decision, and notice of the right to appeal under ORS
			 161.385(8).
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0085 - Notification of Right to Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
At the conclusion of a Board hearing, the chair or acting chair
				shall provide the youth and attorney with written notification of the right to
				appeal an adverse decision within 60 days from the date an order is signed and
				the right to an attorney for that purpose, if indigent.
Stat. Auth.: ORS
				  161.387, OL 2007, Ch. 889
				  ¦ 6 (SB 328)
Stats. Implemented: ORS
				  161.385
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0090 - Youth Appearing Pro Se

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall not allow a youth to represent himself or
				herself.
Stat. Auth.: ORS
				  161.387, OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.346,
				  419C.532
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0095 - Examination of Youth

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board may, on its own motion, appoint a psychiatrist or psychologist to conduct
			 a forensic mental health assessment and to submit a jurisdictional report to
			 the Board, including an opinion as to the mental condition of the youth,
			 whether the youth presents a substantial danger to others and whether the youth
			 could be adequately controlled on conditional release with treatment and
			 supervision. The Board may order the youth placed in temporary custody of any
			 state secure facility or suitable facility for purposes of this
			 examination.
(2) The attorney
			 representing the state may choose, at the state's expense, a psychiatrist or
			 psychologist to conduct a forensic mental health assessment. If that
			 jurisdictional report is offered into evidence, the report shall include a
			 written opinion as to the mental condition of the youth, whether the youth
			 presents a substantial danger to others and whether the youth could be
			 adequately controlled on conditional release with treatment and supervision.
			 The attorney for the state shall file a written notice of intent to conduct
			 such an examination.
(3) The
			 attorney for the youth may file a written request for the Board to appoint a
			 psychiatrist or psychologist to conduct a forensic mental health assessment.
			 The Board shall approve or deny the request, taking into consideration the
			 budget of the Board available for such examinations and the reasons for the
			 request.
Statutory/Other Authority: ORS
				  161.387  & ORS
				  419C.533
Statutes/Other Implemented: ORS
				  161.346,
				  ORS
				  419C.532,
				  ORS
				  419C.538  & ORS
				  419C.540
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0100 - Appearance at Hearings by Remote Means

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Participation via telephone, other
			 two-way electronic communication device, or simultaneous electronic
			 transmission (collectively hereafter, "by remote means") is permitted at PSRB
			 Hearings.
(a) All participants appearing by
			 remote means, even if solely listening in, are expected to identify who they
			 are or have a designated person, such as the Victim Advocate or patient family
			 member, identify that they are participating. Victims who prefer to attend the
			 hearing anonymously may do so but must contact the PSRB prior to the start of
			 the hearing.
(b) Participants
			 appearing by remote means will be recorded, even if they are muted, by the
			 recording equipment. Therefore, participants are expected to listen to the
			 hearings in a location that will minimize any noise interference, such as
			 television, wind/rain/weather background noise, and conversations with others.
			 When there are multiple participants on the conference line, it is expected
			 that there will be professional decorum.
(c) If Board staff is given prior notice by a
			 participant appearing by remote means with a hearing day contact phone number
			 or e-mail, staff will call or email participants approximately fifteen (15)
			 minutes prior to the start of the hearing if the hearing is not scheduled to
			 occur in-person.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 550 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD GENERAL PROCEDURES › Section 859-550-0110 - Records of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
All Juvenile Panel hearings, except Board deliberations, will
				be recorded by electronic means which can be transcribed. All documents
				considered will be included in the file and kept as part of the record:
(1) Audio recordings capable of being
			 transcribed will be kept by the Board for a minimum period of five years from
			 the hearing date;
(2) Any material
			 to which an objection is sustained will be removed from the record; the
			 objection and ruling of the Board will be noted on the record.
Statutory/Other Authority: ORS
				  161.387
Statutes/Other Implemented: ORS
				  161.295-161.400
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 560 - HEARINGS BEFORE THE JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-560-0005 - Issues

Current through Register Vol. 63, No. 7, July 1, 2024
At any hearing before the Board, the issues considered shall be
				limited to those relevant to the purposes of the hearing. Notice of intent to
				raise new issues shall be given to the Board in writing at least 10 days prior
				to the hearing. If new issues are raised, the Board may continue the hearing to
				consider the issues and give the parties an opportunity to submit legal
				memoranda and/or additional evidence.
Stat. Auth.: ORS
				  161.387, OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.346,
				  419C.532,
				  419C.538,
				  419C.540