reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0010 - Rules Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 859-200-0005  through 859-200-0320  apply to a person who a
				court has civilly committed as an extremely dangerous person with mental
				illness under ORS
				426.701 and who is placed under the jurisdiction of the Psychiatric Security Review
				Board (PSRB). No other PSRB administrative rules apply to the cases of those
				civilly committed and placed under the Board's jurisdiction.
Statutory/Other Authority: ORS
				  161.387  & ORS
				  426.701
Statutes/Other Implemented: ORS
				  161.387,
				  ORS
				  426.701  & ORS
				  426.702
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0015 - Copies; 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 the Extremely
				Dangerous Civil Commitments Program Administrative Rules. Oregon Administrative
				Rules are available electronically at no charge from the Oregon Secretary of
				State website or from the Psychiatric Security Review Board's
				website.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Administrative
			 review" means a meeting of the Board where a quorum is present and where the
			 Board considers requests for conditional release, requests for community
			 evaluations or modifications to a person's current conditional release plan. At
			 these hearings, parties are not present and testimony is not taken.
(2) "Administrative meeting" means any
			 meeting of the Board where a quorum is present for the purpose of considering
			 matters relating to Board policy and administration. Minutes shall be taken
			 during an administrative meeting and distributed to Board members and
			 interested persons. Minutes shall be voted on and approved at subsequent
			 administrative meetings.
(3)
			 "Community evaluation" is an assessment by a community mental health provider
			 who determines if a person is appropriate for conditional release and if so,
			 under what conditional release plan.
(4) "Commitment county" means the county in
			 which the district attorney filed the initial petition. This is the same as the
			 county in which the person is initially committed as an extremely dangerous
			 person with mental illness under the jurisdiction of the Board.
(5) "Conditional release" means a grant by
			 the court or by the Board for the person to reside outside the state hospital
			 in the community under conditions for monitoring and treatment of the mental
			 disorder resistant to treatment and the mental and physical health of the
			 person.
(6) "Discharge" means that
			 the person is no longer under the jurisdiction of the Board because any of the
			 following occurs:
(a) The Board or Court
			 determines, after a hearing, that the person no longer suffers from a mental
			 disorder that is resistant to treatment or is no longer extremely dangerous;
			 or
(b) The maximum 24-month period
			 of commitment has expired, and the Board has not certified the person for
			 continued treatment.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0025 - Responsibilities of the PSRB regarding Extremely Dangerous Persons with Mental Illness Civil Commitments

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall have as its primary concern the protection of
				society. In addition, the Board's responsibilities shall include but not be
				limited to:
(1) Holding hearings, as
			 required by law, to determine the appropriate residential placement of persons
			 under its jurisdiction;
(2)
			 Overseeing the supervision of persons placed on conditional release in the
			 community, including approving conditional release and modifying conditional
			 release plans, as appropriate; and
(3) Facilitating the certification process at
			 the end of the civil commitment period.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0030 - Jurisdiction of Persons under the PSRB; Jurisdictional Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board has
			 jurisdiction over persons committed by a court as extremely dangerous persons
			 with mental illness and who continue to meet jurisdictional criteria.
(2) Jurisdictional criteria are
			 the criteria necessary for a person to remain under the Board's jurisdiction
			 and include the following:
(a) The person
			 suffers from a mental disorder that is resistant to treatment; and
(b) The person continues to be extremely
			 dangerous.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0035 - Administrative meetings

Current through Register Vol. 63, No. 7, July 1, 2024
Three concurring votes are needed to make any decision at an
				administrative meeting.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0040 - Public Meetings Law

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 hearings and administrative meetings of the PSRB are open to the public in
			 accordance with the Public Meetings Law; the deliberations of the Board are not
			 open to the public. For the purposes of deliberations of the Board, the term
			 "public" does not include employees of the PSRB.
(2) Administrative reviews consist of
			 deliberations only and are therefore not open to the public.
Stat. Auth.: ORS
				  161.387,
				  192.690 & 2013 OL Ch. 715
				  (SB 421)
Stats. Implemented: ORS
				  161.387,
				  192.690 & 2013 OL Ch. 715
				  (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0045 - Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A record shall
			 be kept of all hearings conducted by the Board related to extremely dangerous
			 persons with mental illness under its jurisdiction. The Board shall ensure that
			 the record developed at the hearing shows a full and fair inquiry into the
			 facts necessary for consideration of all issues properly before the Board.
(2) All PSRB hearings, except
			 Panel deliberations, shall be recorded by manual and/or electronic means which
			 can be transcribed. No other record of Panel hearings shall be made. All
			 documents considered at hearings shall be included as exhibits and kept as part
			 of the record. Any material to which an objection is sustained shall not be
			 considered by the Panel. All objections, motions and rulings shall be noted on
			 the record.
(3) Electronic
			 recordings capable of being transcribed shall be kept by the Board for a
			 minimum period of five years from the hearing date. Recordings shall be
			 transcribed from the recording when an appeal is filed unless the Appeals Court
			 authorizes submission of the hearing recording in lieu of a transcript. Once
			 transcribed, the transcript may be substituted for the original record.
(4) Upon request by a party or a
			 party's attorney, the copy of the electronic recording of the proceedings may
			 be made available at a cost of $5.00. The Board's Executive Director may waive
			 this fee on a case-by-case basis.
(5) Electronic recordings of a hearing,
			 exhibits, or other documents or other information related to the civil
			 commitment of extremely dangerous persons with mental illness are subject to
			 applicable state and federal confidentiality protections, including but not
			 limited to ORS 192.501 through ORS
			 192.505.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0046 - 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 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0050 - Purpose of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
The Board conducts hearings for persons committed to its
				jurisdiction. For the Board to have jurisdiction over those persons, the Board
				must determine if jurisdictional criteria (see OAR 859-200-0030) exist. If, at
				the time of the hearing, the jurisdictional criteria are not proven by a
				preponderance of the evidence, the person must be discharged. If jurisdictional
				criteria exist at the time of the hearing, the Board then makes a determination
				about appropriate residential placement of the person based on the record as a
				whole.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0055 - Notice of Hearings; Administrative Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
Written notice shall be given to the following persons or
				entities within a reasonable time prior to any hearing:
(1) The person;
(2) The person's attorney, if represented;
(3) The office of the district
			 attorney of the committing county, or its designee;
(4) The community mental health provider or
			 PSRB case manager, if the person is on conditional release or being proposed
			 for conditional release;
(5) The
			 victim, if the court or Board finds the victim requests notification;
(6) Hospital staff, if the person
			 resides at an Oregon Health Authority hospital;
(7) The county mental health agency in the
			 county where the person resides if the person is on conditional release; and
(8) The office of the district
			 attorney of the county in which the person resides.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0060 - Notification of state representation other than the District Attorney from the county of commitment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board presumes that the district attorney from the county of commitment will
			 represent the State at all PSRB hearings. If another representative or agency
			 is appointed or designated by the district attorney, such as an Assistant
			 Attorney General or the district attorney in the county of current residence,
			 the district attorney of the county of commitment shall notify the Board within
			 7 days of that appointment.
(2) The
			 district attorney from the county of commitment, or their designee, shall
			 provide the Board with all court orders.
Statutory/Other Authority: ORS
				  161.387  & ORS
				  426.701
Statutes/Other Implemented: ORS
				  161.387,
				  ORS
				  426.701  & ORS
				  426.702
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0065 - Information Contained in Notice of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
Written notice shall contain the following:
(1) The nature of the hearing and possible
			 outcomes;
(2) The right to appear
			 at the hearing and present evidence;
(3) The right to be represented by legal
			 counsel and, if the person is without funds to retain legal counsel, the right
			 to have the court appoint legal counsel;
(4) The right to subpoena witnesses
(5) The right to cross-examine
			 witnesses who appear at the hearing; and
(6) The right to examine all reports,
			 documents and information that the board considers, including the right to
			 examine the reports, documents and information prior to the hearing if
			 available.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0070 - Types of Hearings/Certification Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Initial 6-Month Hearings
(a) The Board will hold a hearing no less
			 than six months after a court ordering the civil commitment of an extremely
			 dangerous person with mental illness.
(b) The Board will make a finding on the
			 issue of whether or not the person meets jurisdictional criteria. If
			 jurisdiction is not found, the person will be discharged. If jurisdiction is
			 found, the Board will consider whether the person should remain at the
			 hospital, whether the person is appropriate for conditional release, or if a
			 community evaluation should be ordered.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0071 - Discharge Recommendations from the State Hospital or Local Mental Health Facility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 person had unadjudicated criminal charges at the time of the person's initial
			 commitment under this section and the state hospital or the state or local
			 mental health facility providing treatment to the person intends to recommend
			 discharge of the person at an upcoming hearing, the superintendent of the state
			 hospital or the director of the facility shall:
(a) Submit an application for hearing
			 requesting a discharge from Board jurisdiction.
(b) The notice shall be accompanied by a
			 written report describing how the person's qualifying mental disorder is no
			 longer resistant to treatment as defined ORS
			 426.701(1)(c).
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0072 - Further Periods of Commitment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For each subsequent period of commitment,
			 the Board shall hold an initial hearing six months after the expiration of the
			 previous period of commitment.
(2)
			 A new order signed by the court in the commitment is required for the Board to
			 hold that the person is still extremely dangerous and suffers from a qualifying
			 mental disorder that is resistant to treatment.
Statutory/Other Authority: ORS
				  161.387  & ORS
				  426.701
Statutes/Other Implemented: ORS
				  161.387,
				  ORS
				  426.701  & ORS
				  426.702
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0075 - Chairperson Conducting Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
During all hearings of the Board, the chairperson or acting
				chairperson shall preside. The chairperson shall designate the order of
				presentation and questioning. The chairperson shall also determine the scope of
				questioning and may set time limits and cut off irrelevant questions and
				irrelevant or nonresponsive answers.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0080 - Person's Right to Review Record; Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
Persons shall receive written notice of the hearing and
				directly, or through their attorney, a statement of their rights in accordance
				with ORS
				426.701(6)(a).
				All exhibits to be considered by the Board shall be disclosed to the person's
				attorney or the person, if proceeding pro se, as soon as they are
				available:
(1) Exhibits not available
			 prior to the hearing shall be made available to the person's attorney or the
			 person, if not represented, at the hearing.
(2) All material relevant and pertinent to
			 the person and issues before the Board shall be made a part of the
			 record.
(3) Any material not made
			 part of the record shall be separated and a statement to that effect shall be
			 placed in the record.
Statutory/Other Authority: ORS
				  161.387  & ORS
				  426.701
Statutes/Other Implemented: ORS
				  161.387,
				  ORS
				  426.701  & ORS
				  426.702
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0085 - 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 civil commitment;
(2) Information supplied by the state's
			 attorney or any interested party, including the person. This may include police
			 reports;
(3) Information concerning
			 the person's mental condition;
(4)
			 The entire psychiatric and criminal history of the person, including motor
			 vehicle records;
(5) Psychiatric or
			 psychological reports;
(6)
			 Jurisdictional reports; or
(7)
			 Testimony of witnesses.
Statutory/Other Authority: ORS
				  161.387  & ORS
				  426.701
Statutes/Other Implemented: ORS
				  161.387,
				  ORS
				  426.701  & ORS
				  426.702
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0090 - Motion Practice

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prehearing motion practice. Any party bringing a motion before the Board shall
			 submit the motion and memorandum of law to the Board and the opposing party 14
			 days prior to the hearing date in which the motion will be heard,
(2) During a Board hearing, either party may
			 bring forth a motion to be ruled upon by the Board chairperson or his/her
			 designee.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0095 - 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 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.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0100 - Testimony Given under 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. Victims who wish to give a victim impact statement
				at a hearing do not need to be sworn in.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0105 - Standards and Burdens of Proof

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The standard of proof on all issues at all hearings of the Board under Division
			 200 shall be preponderance of the evidence.
(2) The State always has the burden of proof
			 for all PSRB hearings and the State has the burden of going forward with the
			 evidence.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0110 - Continuance of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
Upon the request of any party or on its own motion, the Board
				may, for good cause, continue a hearing for a reasonable period of time. When
				either party requests a continuance, it shall be in writing. The request should
				also include the other party's position on the request for
				continuance.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0115 - Waiver of Appearance at Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An extremely dangerous person with mental
			 illness may waive appearance at an initial hearing or certification hearing.
			 The Board will still hold the hearing in the person's absence.
(2) An extremely dangerous person with mental
			 illness may not waive appearance at a conditional release hearing. If a person
			 does not attend a conditional release hearing, the Board will cancel the
			 hearing and will not consider the conditional release.
Statutory/Other Authority: ORS
				  161.387  & ORS
				  426.701
Statutes/Other Implemented: ORS
				  161.387,
				  ORS
				  426.701  & ORS
				  426.702
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0120 - Use of Restraints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board prefers to have patients appear at hearings without physical restraints.
			 If, in the judgment of the person's physician, the patient might need
			 restraining, the Board prefers to have staff attending the hearing with the
			 patient rather than use of physical restraints. However, the final decision on
			 use of restraints lies with the physician.
(2) Any attorney objecting to the patient
			 appearing with restraints at the hearing may raise the issue and ask for
			 testimony from the physician regarding the necessity for use of
			 restraints.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0125 - Quorum; Decisions; Board Member Conflicts

Current through Register Vol. 63, No. 7, July 1, 2024
For any Board hearing:
(1) Three concurring votes (affirmative or
			 negative) are required to make a Board decision.
(2) When three members cannot agree on the
			 decision, the hearing may be continued for a reasonable time and the recording
			 of the hearing and the exhibits shall be reviewed by the remaining member(s)
			 and a decision by the majority of the members shall be the finding and order of
			 the Board.
(3) If the attorney for
			 the person objects to the remaining member's or members' review as set forth in
			 section (2) of this rule, the Board may reschedule the matter for a hearing
			 before the entire Board.
(4) If an
			 objection for good cause is made to a specific member of the Board sitting on
			 the panel considering a specific case, that member shall withdraw and, if
			 necessary, the hearing shall be postponed and rescheduled.
(5) If an objection for good cause is made to
			 a specific staff member of the Board being present during the panel's
			 deliberations in a specific case, and if the Board determines that good cause
			 exists, that staff member shall not be present during deliberations in that
			 case. The Board may, on its own motion, identify a Board member conflict with a
			 case and exclude the Board member from considering any matter related to that
			 case.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0130 - Orders of the Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board shall provide a copy of any Board order to those persons listed in OAR
			 859-200-0055  within 30 days of the conclusion of the hearing or administrative
			 review;
(2) The order of the Board
			 shall be signed by a member of the panel present at the hearing or
			 administrative review;
(3) At full
			 hearings, the Board may issue its decision orally on the record at the hearing;
(4) At full hearings, the formal
			 order of the Board shall contain the findings of fact, conclusions of law,
			 reasons for the decision and notice of the right to appeal under ORS
			 426.135;
(5) All state, county and local mental health
			 facilities providing treatment to the persons shall comply with Board orders.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0135 - Notification of Right to Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
At the conclusion of a Board hearing, the chairperson or acting
				chairperson shall provide the person and attorney with written notification
				advising of the right to appeal on an adverse decision within 60 days from the
				date an order is signed.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0140 - Patient Appearing Pro Se

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When a patient waives the right to be represented by an attorney, the Board may
			 approve an individual's appearance, pro se, after a record is established that
			 the person is competent to represent himself/herself pro se.
(2) If the Board chair determines the person
			 is not competent, the Board chair or his/her designee shall appoint an attorney
			 to represent the person.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0145 - Examination of Person

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board may appoint a psychiatrist or licensed psychologist to examine the person
			 and submit a report to the Board, including an opinion about whether the person
			 continues to meet jurisdictional criteria and whether the person could be
			 adequately controlled on conditional release with proper care, medication,
			 supervision and treatment. The Board may order the person placed in temporary
			 custody of any state hospital or suitable facility for purposes of examination.
(2) The attorney representing the
			 state may choose, at the state's expense, a psychiatrist or psychologist to
			 examine a person regarding the commitment proceedings.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0150 - 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 the commitment
			 order or victims who have requested to be notified of any of the following
			 regarding the extremely dangerous person with mental illness:
(a) Any order;
(b) Hearings;
(c) Conditional release;
(d) Discharge;
(e) Move to a temporary placement due to an
			 emergency; and
(f) Escape or
			 unauthorized departure of the extremely dangerous person with mental illness.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0200 - Court Conditional Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If a court orders the conditional release of a person it is called a court
			 conditional release.
(2) The Board
			 may review a Court Conditional Release Order at an administrative review. The
			 possible results of the hearing are as follows:
(a) The Board may issue an order continuing
			 the Court Order of Conditional Release;
(b) The Board may issue a modification of the
			 Court Order of Conditional Release when, upon review, elements of the plan have
			 changed, have not been set out in sufficient detail or additional conditions
			 are needed;
(c) The Board may
			 issue an Order of Revocation in accordance with provisions set forth in the
			 revocation rules subsequent hereto; or
(d) The Board may order the person to appear
			 at a full hearing.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0205 - Board Order for Evaluation for Conditional Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All inpatient and outpatient community
			 evaluations must be approved by the Board.
(2) At any time the state hospital may
			 request a community evaluation for community placement of the person. Prior to
			 any such request, hospital staff shall consult with the Board's Executive
			 Director to discuss current bed vacancies. Unlike other civil commitments, the
			 community mental health agency of the commitment county does not identify and
			 approve conditional release placements. All community placements are approved
			 by the Board and its Executive Director.
(3) The request for community placement
			 should identify the community provider and should be accompanied by an updated
			 VRA (Violence Risk Assessment), START (Short Term Assessment of Risk and
			 Treatability), Risk Review Hearing report that addresses conditional release
			 planning privileges, and an updated M.D. Progress Note Update.
(4) If a person is already on conditional
			 release, the PSRB case manager may request that another community provider
			 evaluate the person for possible transfer.
(5) The Board may then consider the request
			 and issue an Order of Evaluation at an administrative review.
(6) Once the Order for Evaluation is signed,
			 PSRB staff will send an exhibit file to the community provider conducting the
			 evaluation within 10 business days; and
(7) The community evaluation report shall be
			 completed within 30 days of the community evaluation interview; and
(8) The community evaluation shall be
			 completed and submitted to the Board within 45 days of receipt of the signed
			 Order for Evaluation.
Statutory/Other Authority: ORS
				  161.387(1)
				  & ORS
				  426.701
Statutes/Other Implemented: ORS
				  161.387(1)
				  & 426.701
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0210 - Responsibility to Prepare a Summary of Conditional Release Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 hospital determines that a person may be ready for conditional release, the
			 hospital staff and the community provider will jointly prepare the conditional
			 release plan and submit it to the Board.
(2) When a person is already on conditional
			 release and there is a request to transfer the person, the receiving PSRB case
			 manager shall prepare and submit the conditional release plan.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0215 - Basis for a Finding of Conditional Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In determining whether an Order of
			 Conditional Release is appropriate, the Board shall have as its goals the
			 protection of the public, the best interests of justice, and the welfare of the
			 individual. The Board may consider the testimony and exhibits at the hearing
			 regarding the person's behavior in the hospital including the person's
			 progress, insight and responsibility taken for the person's own behavior.
(2) If the Board finds the person
			 may be controlled in the community and a verified conditional release plan is
			 approved by the Board, the Board may order the person placed on conditional
			 release.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0220 - Elements of the Conditional Release Order

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall consider any or all of the following elements
				of a conditional release plan and determine which are appropriate and necessary
				to ensure the safety of the public:
(1) Housing: Housing must be available for
			 the person. The Board may require any type of housing it deems appropriate.
(2) Mental health treatment:
			 Mental health treatment must be available in the community. The Board-approved
			 provider of the treatment must have had an opportunity to evaluate the patient
			 and the proposed conditional release plan and to be heard before the Board. The
			 provider must have agreed to provide the necessary mental health treatment to
			 the patient. The treatment may include: individual counseling, group
			 counseling, home visits, prescription of medication or any other treatment
			 recommended by the provider(s) and approved by the Board.
(3) Reporting responsibility (PSRB Case
			 Manger): An individual must be available to be designated by the Board as
			 having primary reporting responsibility and must have agreed to:
(a) Notify the Board in writing of the
			 patient's progress at least once a month;
(b) Notify the Board promptly of any grounds
			 for revocation;
(c) Notify the
			 Board promptly of any significant changes in the implementation of the
			 conditional release plan;
(d)
			 Coordinate and monitor all elements of the conditional release plan.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0225 - Modification or Termination of Conditional Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Modification or termination of an Order
			 of Conditional Release may be proposed by the state hospital or state or local
			 facility providing treatment to the person, PSRB case manager or his/her
			 designee, a party, or by the Board on its own motion upon a review of the
			 status of the person.
(2)
			 Modifications that add conditions to the current Board order can be made by the
			 PSRB case manager, if necessary, to adequately treat and control the person.
			 The Board shall be notified of modifications that add conditions to the current
			 Board order within one business day of those conditions being imposed on the
			 person so that a modification order can be issued.
(3) The case manager or supervising person
			 does not have the authority to lessen the conditions of release without Board
			 approval.
(4) The individual
			 designated as having primary reporting responsibility shall provide the Board
			 with a written summary of the person's progress, recommendations on future
			 action to be taken and, if possible, shall be present to testify on these
			 issues at a Board full hearing.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0230 - Conditional Release Evaluation and Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All reports and evaluations received on
			 the person's fitness for conditional release, modification of conditional
			 release or revocation, and monthly progress shall be made a part of the record
			 in the hearing.
(2) All serious
			 incidents must be communicated through an immediate phone call to the PSRB
			 executive director or designee and followed-up with a written incident report.
			 A serious incident includes, but is not limited to:
(a) Unauthorized departure;
(b) Arrest;
(c) Positive urine or oral drug screen or
			 other substance use testing;
(d)
			 Repeated refusals to take psychotropic medications or other medications
			 prescribed to manage the person's mental health;
(e) Psychiatric or medical
			 hospitalization;
(f) Violent or
			 dangerous behaviors; or
(g) Other
			 circumstances deemed to be serious by the reporting party.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0235 - Monthly Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 person designated by the Board as having primary reporting responsibility shall
			 submit monthly progress reports no later than the 10th day of the month for the
			 previous month's progress. These reports shall be submitted on the form
			 provided by and prepared by Board staff.
(2) All serious incidents must be
			 communicated as soon as possible via a phone call to the PSRB's office during
			 business hours or the PSRB emergency phone after business hours. Serious
			 incidents must be followed-up with a written incident report. A serious
			 incident includes, but is not limited to:
(a)
			 Unauthorized leave;
(b)
			 Arrest;
(c) Positive urine or oral
			 drug screen or other substance use testing;
(d) Repeated refusals to take psychotropic
			 medications or other medications prescribed to manage the person's mental
			 health;
(e) Psychiatric or medical
			 hospitalization;
(f) Violent or
			 dangerous behaviors; or
(g) Other
			 circumstances deemed to be serious by the reporting party.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0300 - Reasonable Grounds for Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If at any time while a person is
			 conditionally released it appears that hospitalization is required, the Board
			 may order the person returned to the state hospital for evaluation or
			 treatment.
(2) The Board will
			 explore all available treatment and supervision options in the community prior
			 to ordering revocation. Reasonable grounds for revocation of a conditional
			 release include, but are not limited to:
(a)
			 The person has violated terms of the conditional release plan or is
			 noncompliant with the conditional release plan;
(b) The person's mental health has changed
			 and the person can no longer be managed in the community setting;
(c) The person has escaped or taken an
			 unauthorized departure from jurisdiction or placement;
(d) The safety of the person or the public
			 can no longer be managed in the community setting; or
(e) The community resources required by the
			 Conditional Release Order are no longer available.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0305 - Order of Revocation; Emergency Order of Revocation; After Hours Revocation Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 the recommendation of the staff of the Psychiatric Security Review Board and
			 receipt of an affidavit recommending revocation based on noncompliance with an
			 order of the Board or a change in the person's conditions of release or mental
			 status, a Board member may order the person returned to a state hospital for
			 evaluation and treatment through an Order of Revocation.
(2) When a Board member is not available and
			 time is of the essence, the executive director of the Psychiatric Security
			 Review Board may issue and execute an emergency Order of Revocation subject to
			 review by a Board member within 72 hours of the execution of the signed order.
(3) If the Board is unavailable to
			 consider a revocation request, the community mental health program director,
			 the director of the facility providing treatment to a person on conditional
			 release, any peace officer, or any individual responsible for the supervision
			 of the person on conditional release may take or request that a person on
			 conditional release be taken into custody if there is reasonable cause to
			 believe the person is an extremely dangerous person with mental illness and
			 presents a serious danger to others because of a mental disorder that is
			 resistant to treatment and the person is in need of immediate care, custody or
			 treatment. The person shall be transferred to the state hospital.
Stat. Auth.: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS
				  161.387(1)
				  & 2013 OL Ch. 715 (SB 421)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0310 - Procedure for Transporting a Revoked Person

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After a written or electronic Order of
			 Revocation has been signed by a Board member, the Board Executive Director, or
			 the community mental health program director if the person has absconded from
			 conditional release, the written or electronic order is sufficient warrant for
			 any law enforcement officer to take the person into custody to transport the
			 person as directed by the order.
(a) The
			 written order is not required to be provided to the law enforcement officer
			 taking the person into custody. In the alternative, a LEDS communication by
			 Board staff is sufficient warrant for a law enforcement officer to return the
			 person to the state hospital.
(b)
			 The person shall be returned to the state hospital without undue
			 delay.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0315 - Emergency Move Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Nothing in Division 200 prohibits the Board, the community placement, and the
			 Oregon Health Authority from entering into a mutually satisfactory agreement
			 regarding the patient's temporary placement in the community during an
			 emergency.
(a) If the person is temporarily
			 placed in a more restrictive setting during an emergency, they are not required
			 to obtain a mental health evaluation before returning to the placement they had
			 before the emergency temporary move occurred unless otherwise recommended by
			 the PSRB case monitor.
(b) For the
			 purposes of this rule, an emergency is defined as circumstances that could not
			 be reasonably foreseen that create a substantial risk to the health and safety
			 of the patient, including, but not limited to, a natural disaster, fire, or the
			 unexpected closure of the patient's residence.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0320 - 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
				  426.701
Statutes/Other Implemented: ORS
				  161.387,
				  ORS
				  426.701  & ORS
				  426.702
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0001 - Determination of Sufficient Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Psychiatric Security Review Board has
			 determined that it has received sufficient legislative appropriation or other
			 funding to carry out the provisions of Section One of Oregon Laws 2009, Chapter
			 826.
(2) The Psychiatric Security
			 Review Board has determined that it has received sufficient legislative
			 appropriation or other funding to carry out the provisions of Section Five of
			 Oregon Laws 2009, Chapter 826.
Stat. Auth.: ORS
				  161.387(1); OL
				  2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS
				  161.387(1); OL
				  2009, Ch. 826 (HB 2853)