Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0015 - Time of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
Hearings will be held within the following time frames:
(1) Initial hearing under ORS
			 161.341(6)(a).
			 After a person has been placed under the Board's jurisdiction and committed to
			 a state hospital designated by the Oregon Health Authority-90 days from the
			 date of admission to the state hospital.
(2) Initial review hearing for individual's
			 conditionally released by the court under ORS
			 161.327(1)(b).
			 After an individual has been placed under the Board's jurisdiction and
			 conditionally released by the court - 90 days from the date listed on the court
			 order.
(3) Revocation hearing, ORS
			 161.336(4)(c).
			 After return to the state hospital as a result of an Order of Revocation for
			 violation of the conditional release-20 days.
(4) Patient request for conditional release
			 or discharge, ORS
			 161.341(3)(4)(5).
			 A patient is eligible to request a hearing six months after last hearing.
			 Hearing to be held within 60 days after filing request.
(5) Hospital request, ORS
			 161.341(1),
			 or outpatient supervisor request, ORS
			 161.336(5)(b),
			 for conditional release, modification of conditional release or discharge.
			 Request may be made at any time. Hospital requests will be scheduled within 60
			 days of receiving a completed application for hearing. Outpatient supervisor
			 requests do not have statutory time frame.
(6) Outpatient request for modification of
			 conditional release or discharge, ORS
			 161.336(5)(a).
			 Outpatients on conditional release are eligible to request a hearing six months
			 after last hearing-scheduling priority will be given to the requests of
			 patients in the hospital.
(7)
			 Two-year hearing, ORS
			 161.341(6)(b).
			 A hearing is mandatory for persons committed to a state hospital when no other
			 hearing has been held within two years.
(8) Five-year hearing, ORS
			 161.336(6).
			 Any person who is under the jurisdiction of the Board and who has spent five
			 years on conditional release will be brought before the Board for a hearing
			 within 30 days of the expiration of the five year period.
(9) The Board will hold administrative
			 hearings to expedite modifications of conditional release requests supported by
			 the case monitor. Either party may request that the Board hold an
			 administrative hearing. The Board may deny such a request if too limited by
			 time or other resources to grant it.
(10) Notice of administrative hearings is
			 given to the parties and the district attorney in the county where the GEI was
			 adjudicated, persons who have requested notice and known victims who have
			 requested hearing notice and have a current address on file with the Board. For
			 purposes of this rule, the parties will receive a complete exhibit file
			 containing a minimum of:
(a) Recent monthly
			 progress reports;
(b) A report or
			 correspondence with the treatment provider; and
(c) If applicable, a community conditional
			 release plan.