reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0010 - Rulemaking Procedure; Notice

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment or repeal of any rule related
				to the gun relief program, 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/Oregon
			 Health Authority;
(c) American
			 Civil Liberties Union of Oregon;
(d) Oregon District Attorneys
			 Association;
(e) Oregon Criminal
			 Defense Lawyers Association;
(f)
			 Attorney General, including the Victim Advocate;
(g) Friends of Forensics;
(h) Disability Rights Oregon;
(i) Capitol Press Room;
(j) National Rifle Association, Oregon
			 Consultant;
(k) Oregon Firearms
			 Federation;
(L) Oregon Judicial
			 Department;
(m) Attorneys for
			 Adult and Juvenile Indigent Clients
(n) Oregon State Police;
(o) Oregon Psychiatric Association;
(p) Oregon Psychological
			 Association;
(q) Oregon State
			 Sheriff's Association;
(r) Oregon
			 Association Chiefs of Police; and
(s) Designated legislators in accordance with
			 ORS 183.335(15)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0020 - 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 Gun Relief
				Program Administrative Rules. Oregon Administrative Rules are available
				electronically at no charge from the Internet Web site of the Oregon Secretary
				of State.
Stat. Auth.: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853))
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0030 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Dangerous". A
			 person is dangerous if the person is a threat to himself or others or is likely
			 to inflict harm to self or others.
(2) "Gun Relief Panel" or "Panel". A three
			 member panel from either the Adult or Juvenile Panel who hears and considers
			 petitions for relief from either a federal ban on transporting, shipping,
			 possessing, or receiving a firearm that occurs as a result of a mental health
			 determination, or a state ban on possessing or purchasing a firearm under ORS
			 166.250(1)(c)(D) or
			 (E), or
			 166.470(1)(e) or
			 (f).
(3) "Mental Health Determination". Any of the
			 following adjudicated mental health findings by a State of Oregon Court:
(a) A finding by a court that a person lacks
			 fitness to proceed under ORS
			 161.370;
(b) A finding that a person is guilty except
			 for insanity of a crime under ORS
			 161.295 or responsible except
			 for insanity of an act under ORS
			 419C.411 or any determination by
			 the Psychiatric Security Review Board thereafter; or
(c) A commitment by a court to the Oregon
			 Health Authority or Department of Human Services, or an adjudication by a court
			 that a person is mentally ill or mentally retarded, under ORS
			 426.130 or ORS
			 427.290.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0040 - Background and Purpose of Gun Relief Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The federal Brady Handgun Violence
			 Prevention Act of 1993 ("Brady Act") prohibits any person from selling or
			 otherwise disposing of any firearm or ammunition to any person who has been
			 involuntarily "committed to a mental institution" (18 U.S.C. Section 922 (d)(4)), or a person that has a mental health determination, and further
			 prohibits any person who has been involuntarily "committed to a mental
			 institution", or a person that has a mental health determination, from shipping
			 or transporting in interstate or foreign commerce, or possessing in or
			 affecting commerce, any firearm or ammunition; or receiving any firearm or
			 ammunition which has been shipped or transported in interstate or foreign
			 commerce (18 U.S.C. Section 922 (g)(4)).
(2) Oregon Laws 2009, Ch. 826 (HB 2853)
			 requires the PSRB, the Judicial Department, and Oregon Health Authority to
			 locate and transmit the names of people that have a mental health determination
			 to the Department of State Police for inclusion in NICS for the purpose of
			 responding to the NICS queries regarding attempts to purchase or otherwise take
			 possession of firearms, as defined in
			 18
			 U.S.C. 921(a)(3).
(3) Oregon Laws 2009, Ch. 826 requires the
			 PSRB to administer a "relief from disabilities" process for persons who are
			 disqualified from transporting, shipping, possessing, or receiving a firearm
			 under federal and certain state laws. If relief is granted, and a petitioner
			 was barred from transporting, shipping, possessing, or receiving a firearm
			 under federal law, the record of relief will be transmitted to the Oregon State
			 Police, who in turn will transmit the record of relief to the federal
			 government for inclusion in the NICS database. If relief is granted, and a
			 petitioner was barred from purchasing or possessing a firearm under either ORS
			 166.250(1)(c)(D) or
			 (E), or
			 166.470(1)(e) or
			 (f), the record of relief will be transmitted
			 to the Oregon State Police for inclusion and maintenance in its state
			 databases. The purpose of these administrative rules is to establish the
			 required administrative "relief" process for petitioners to request relief from
			 their respective mental health firearm disqualifiers.
Stat. Auth.: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853))
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0050 - Petition for Relief

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 individual who is barred from transporting, shipping, possessing, or receiving
			 a firearm under federal law due to a State of Oregon mental health
			 determination may petition for relief of the firearm bar to the PSRB for the
			 limited purpose of having his or her federal gun rights restored as it pertains
			 only to the mental health determination firearm disqualification.
(2) An individual who is barred from
			 possessing or purchasing a firearm under ORS
			 166.250(1)(c)(D) or
			 (E), or
			 166.470(1)(e) or
			 (f), may petition for relief of the firearm
			 bar to the PSRB for the purpose of having his or her state gun rights restored
			 as it pertains only to the firearm disqualification as a result of either a
			 commitment to the Oregon Health Authority or the Department of Human Services
			 under ORS 426.130 or
			 427.290, or an order of a court
			 under 426.130 after a finding of
			 mental illness that the petitioner is prohibited from purchasing or possessing
			 a firearm as a result of petitioner's mental illness.
(3) A petition for relief shall be made on
			 forms developed by the PSRB, which shall be available on the PSRB's public
			 website, e-mail, or through U.S. Mail. The petition for relief shall be
			 submitted in its entirety before a hearing will be scheduled. In addition to
			 the forms provided, the petitioner shall submit:
(a) A certified copy of all mental health
			 records pertaining to the disqualifying mental health determination;
(b) A certified copy of all court records
			 related to the circumstances surrounding the firearms disability. If the county
			 courthouse is unable to locate petitioner's records, petitioner must obtain a
			 letter from the courthouse records department stating that it is unable to
			 locate the court records related to petitioner's mental health
			 determination;
(c) A certified copy
			 of petitioner's national criminal history, including juvenile
			 adjudications;
(d) An independent
			 forensic mental health assessment performed no more than 90 calendar days prior
			 to submission of the petition for relief to the PSRB. This assessment may not
			 be performed by petitioner's current or previous mental health provider. The
			 assessment shall be performed by a licensed psychiatrist or psychologist. The
			 assessment shall include, at a minimum, an opinion and a basis for that
			 opinion, of petitioner's interpersonal violence and self-harm risk. If
			 petitioner has previously been granted judicial gun relief under ORS
			 166.274, for his or her civil
			 commitment mental health determination prior to August 3, 2009, this
			 independent forensic mental health assessment is not required as a prerequisite
			 for scheduling a hearing. Proof of judicial relief shall be submitted with the
			 petition. This waiver does not bar the Board from later ordering an assessment
			 if deemed appropriate under OAR 859-300-0160.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0060 - Time Limits; Applying for Relief

Current through Register Vol. 63, No. 7, July 1, 2024
Subject to OAR 859-300-0080(3), a petition for relief may not
				be filed with the Board more than once every two years.
Stat. Auth.: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853))
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0070 - Timing of Relief Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Following receipt of a completed Petition for Relief and all required
			 supporting documents, the Gun Relief Panel shall conduct a relief hearing on
			 the petition within a reasonable time.
(2) The Board will schedule relief hearings
			 at least one day per month unless the Panel determines that there is not
			 sufficient business before the Panel to warrant a hearing at the scheduled
			 time.
Stat. Auth.: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853))
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0080 - Notice of Relief Hearing/Request for Continuance/Withdraw of Petition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following
			 receipt of the petition, the Board shall provide written notice of the relief
			 hearing to the following persons or agencies within a reasonable time:
(a) Attorney representing the petitioner, if
			 any;
(b) District attorney in which
			 the petitioner resides and the district attorney in the county where
			 petitioner's mental health determination was adjudicated;
(c) The victim, identified after a reasonable
			 effort is made, associated with the criminal offense that led to the mental
			 health determination, if the court or Panel finds that the victim requests
			 notification;
(d) Department of
			 Human Services/Oregon Health Authority;
(e) The sheriff of the county in which
			 petitioner resides and in the county where petitioner's mental health
			 determination was adjudicated;
(f)
			 The chief of police where petitioner resides and where petitioner's mental
			 health determination was adjudicated, if applicable; and
(g) Any other person requesting
			 notification.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0090 - Principal Issue Before The Panel/Challenges to the Firearm Disqualification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The sole issue at any Gun Relief hearing shall be whether the petitioner has
			 demonstrated that he or she will not be likely to act in a manner that is
			 dangerous to public safety and that granting the relief would not be contrary
			 to the public interest.
(2)
			 Petitions asserting other grounds for relief, including, but not limited to,
			 erroneously entered mental health determination disqualifications into the NICS
			 database, shall not be heard by the PSRB. Record correction challenges should
			 be directed to the agency that submitted petitioner's name to the Oregon State
			 Police for entry into the firearm disqualification databases or the Oregon
			 State Police Records Unit or the Federal Bureau of Investigation, Criminal
			 Justice Information Services Division NICS Section.
Stat. Auth.: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853))
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0100 - Quorum and Decisions of Panel

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The presence of at least three members of
			 the same Panel constitutes a quorum. Members of both the Juvenile Panel and the
			 Adult Panel may serve as the Gun Relief Panel. Three concurring votes
			 (affirmative or negative) are required to make a Panel decision. When three
			 members cannot agree on the decision, the hearing shall be continued for no
			 longer than 60 days and the recording of the hearing and the exhibits shall be
			 reviewed by the remaining Panel member(s) and a decision by the majority of the
			 members shall be the finding and order of the Panel.
(2) At the outset of each relief hearing, the
			 Panel members shall select one member to be the presiding officer of the relief
			 hearing. The relief hearing shall be conducted by and under the control of the
			 presiding officer. The presiding officer shall designate the order of
			 presentation and questioning, determine the scope of questioning, and may set
			 time limits and terminate irrelevant questions and irrelevant or unresponsive
			 answers. The officer presiding at the hearing 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 presiding officer in the
			 case and the correct application of the law to those facts. The presiding
			 officer also may limit repetitious and cumulative evidence.
Stat. Auth.: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853))
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0110 - Public Meetings Law

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 gun relief hearings shall be open to the public in accordance with the Public
			 Meetings Law.
(2) Deliberations of
			 the Panel shall not be open to the public. For the purposes of this subsection,
			 the term "public" does not include PSRB employees or staff.
Stat. Auth.: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853))
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0120 - Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A record shall
			 be kept of all gun relief hearings. The hearing 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 presiding officer in the
			 case and the correct application of the law to those facts.
(2) All gun 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) 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 gun 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 gun 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 300 - GUN RELIEF PROGRAM › Section 859-300-0130 - Public Records Law; 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.
Stat. Auth.: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853))
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0140 - 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, Department of Human Services/Oregon Health Authority or interested
			 persons, including victims or elicited by the Panel in the course of
			 hearing.
Stat. Auth.: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853))
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0150 - 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.
Stat. Auth.: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853))
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0160 - 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 forensic mental health assessment in addition to the one
			 submitted by petitioner. The assessment shall include at a minimum, an opinion
			 and a basis for that opinion, of petitioner's interpersonal violence and
			 self-harm risk. 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. The party
			 requesting this assessment shall bear the costs of the assessment.
(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, petitioner and Department of Human Services/Oregon Health
			 Authority.
(b) The examination
			 shall include an opinion, and a basis for that opinion, as to whether or not
			 the petitioner would be likely to act in a manner dangerous to public safety if
			 relief was granted, including an evaluation of self-harm risk.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0170 - 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, relevant or 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 300 - GUN RELIEF PROGRAM › Section 859-300-0180 - 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 obedience to the subpoena.
Stat. Auth.: ORS
				  183.445,
				  161.395,
				  161.387(1, OL 2009, Ch. 826 (HB
				  2853)
Stats. Implemented: ORS
				  161.387(1), OL
				  2009, Ch. 826 (HB 2853))
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0190 - 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.
Stat. Auth.: ORS
				  161.387(1);
				  OL2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS
				  161.387(1); OL
				  2009, Ch. 826 (HB 2853)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0200 - 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 will not be
			 likely to act in a manner that is dangerous to public safety and that granting
			 the relief would not be contrary to the public interest.
(2) The burden of proof shall be on the
			 petitioner.
Stat. Auth.: ORS
				  161.387(1); OL
				  2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS
				  161.387(1); OL
				  2009, Ch. 826 (HB 2853)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0210 - 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
				  161.387,
				  ORS
				  419C.533 & ORS
				  166.273
Statutes/Other Implemented: ORS
				  161.387,
				  ORS
				  419C.533 & ORS
				  166.273
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0220 - Decisions of the Panel; Final Orders; Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
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, the district attorney
				representing the state, interested persons and the Department of Human
				Services. Final orders and Final orders by default:
(1) Shall be in writing and signed by a panel
			 member of the relief hearing;
(2)
			 Shall contain the findings of facts, conclusions of law, and the reasons for
			 the decision;
(3) If the relief is
			 granted, shall contain a notice to petitioner that substantially provides:
(a) In cases where a state mental health
			 determination resulted in a ban from transporting, shipping, possessing, or
			 receiving a firearm under federal law, the relief granted only removes the
			 firearm disability imposed under  18 U.S.C. §§
										922 (d)(4) and (g)(4),
			 and that the relief granted does not otherwise qualify the petitioner to
			 purchase or possess a firearm, and does not fulfill the requirements of the
			 background check pursuant to the Brady Act (Pub. L.
			 103-159); or
(b) In cases where the petitioner was barred
			 from purchasing or possessing a firearm under either ORS
			 166.250(1)(c)(D) or
			 (E), or
			 166.470(1)(e) or
			 (f), the relief granted does not otherwise
			 qualify the petitioner to purchase or possess a firearm under state law;
			 and
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 300 - GUN RELIEF PROGRAM › Section 859-300-0230 - 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 the firearms prohibition, the PSRB
				shall notify the Department of State Police to either transmit the record of
				the relief granted by the Board to the federal government as required under
				federal law, or to update or modify its state database(s), as provided by the
				Department of State Police's administrative rules.
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 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0001 - Background/Purpose of Rules/Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 2013 Oregon Laws, Chapter 708 (HB 2549)
			 as amended by 2015 Oregon Laws, Chapter 820 (HB 2320) creates a new state-wide
			 system that classifies most registered sex offenders in the State of Oregon.
			 After completion of a risk assessment, each registrant will be classified as a
			 3, 2 or 1. A classification of "3" is considered the highest risk while a
			 classification of "1" is considered the lowest risk. Effective August 12, 2015,
			 the PSRB has new responsibilities under these laws. First, the PSRB or the
			 Board of Parole & Post-Prison Supervision will be classifying all
			 registrants who have been found GEI (guilty except for insanity) and submitting
			 their classification to Oregon State Police. Depending on a registrant's risk,
			 the PSRB may release information necessary to protect the public concerning the
			 sex offender and Oregon State Police may release information to the public as
			 well. Finally, registrants who meet the eligibility requirements to apply to
			 the PSRB for relief from registration or request reclassification to a lower
			 level may do so beginning December 1, 2018. Division 400 rules will clarify the
			 PSRB's implementation of these programs.
(2) Division 400 administrative rules do not
			 apply to those found responsible except for insanity (REI) who must register as
			 a sex offender due to that finding.
Stat. Auth: ORS
				  161.387(1),
				  181.801-181.812, 2015 OL, Ch. 820 (HB
				  2320), 2013 OL, Ch. 708 (HB 2549)
Stat. Implemented: ORS
				  181.801-181.812, 2015 OL, Ch. 820 (HB
				  2320), 2013 OL, Ch. 708 (HB 2549)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0010 - Sex Offender Risk Assessment Methodology

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except for the provisions in subsections
			 (3) and (4) of this rule, the PSRB will classify adult male registrants under
			 its jurisdiction or previously under its jurisdiction by the Static-99R. The
			 PSRB will score and place the registrant into one of the following levels:
Level I: Low (Static-99R score of -3 to 3);
Level II: Moderate (Static-99R score of 4 to 5); or
Level III: High (Static-99R score of 6 or higher).
(2) For classification of adult
			 female registrants, category B registrants, and young male registrants, the
			 PSRB will classify using the Level of Services/Case Management Inventory
			 (LS/CMI) as supplemented by an independent sexual offense-specific evaluation
			 report. Based on the score, these registrants will be designated into one of
			 the following levels:
Level I: Low (Score 0 to 10; LS/CMI as supplemented by an
				independent sexual offense-specific evaluation);
Level II: Moderate (Score 11 to 19; LS/CMI as supplemented by
				an independent sexual offense-specific evaluation); or
Level III: High (Score 20 or higher; LS/CMI as supplemented by
				an independent sexual offense-specific evaluation).
(3) If a person found GEI has previously been
			 designated as a sexually violent dangerous offender under ORS
			 137.765, it will classify that
			 person as a Level III sex offender.
(4) If a person found GEI has previously been
			 designated as a predatory sex offender between February 10, 2005 and December
			 31, 2013, the Board will classify the registrant as a Level III sex offender.
(5) The PSRB will classify a
			 registrant who refuses or fails to participate in a sex offender risk
			 assessment as a Level III sex offender unless the assessment can effectively be
			 completed without the registrant's participation.
Stat. Auth: ORS
				  161.387(1)
				  & 181.800 -
				  181.803
Stat. Implemented: ORS
				  181.800 &
				  181.803
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0015 - Classifying Agency/Sharing of Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The PSRB will complete the risk
			 assessment for PSRB GEI registrants who are required to register for the first
			 time after August 12, 2015. For registrants who registered on or before this
			 date, the PSRB may complete the assessment and notification process or assist
			 BOPPPS with its classification process.
(2) The PSRB will work collaboratively with
			 BOPPPS to ensure that GEI registrants who do not fall under subsection (1) of
			 this rule are classified. If needed, the PSRB will provide BOPPPS the PSRB
			 records necessary to complete the assessment.
Stat. Auth: ORS
				  161.387(1),
				  181.801-181.812, 2015 OL, Ch. 820 (HB
				  2320), 2013 OL, Ch. 708 (HB 2549)
Stat. Implemented: ORS
				  181.801-181.812, 2015 OL, Ch. 820 (HB
				  2320), 2013 OL, Ch. 708 (HB 2549)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0020 - Timelines for Classifying Registrants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a person found GEI of a crime
			 described in ORS 163.355 to
			 163.427 is committed to a
			 hospital designated by the Oregon Health Authority and placed under PSRB
			 jurisdiction, the PSRB will conduct the risk assessment of the person using the
			 risk assessment methodology in 859-400-0010. For those who are discharged or
			 placed on conditional release after August 12, 2015, this assessment will take
			 place no later than 60 days of the registrant's discharge or conditional
			 release.
(2) For a person described
			 in ORS 163A.105 who was found GEI of a crime described in ORS
			 163.355 to
			 163.427 and whose initial
			 obligation to register occurred between January 1, 2014 and August 12, 2015,
			 the PSRB will consult and assist BOPPPS to ensure the risk assessment-using the
			 risk assessment methodology under 859-400-0010 -is completed as soon as
			 practicable.
(3) For a person
			 described in ORS 163A.105 who was found GEI of a crime described in ORS
			 163.355 to
			 163.427 and whose initial
			 obligation to register occurred prior to January 1, 2014, the PSRB will consult
			 and assist BOPPPS to ensure the risk assessment of the person utilizing the
			 risk assessment methodology in 859-400-0010  is completed as soon as
			 practicable.
Stat. Auth: ORS
				  161.387(1),
				  181.801-181.812, 2015 OL, Ch. 820 (HB
				  2320), 2013 OL, Ch. 708 (HB 2549)
Stat. Implemented: ORS
				  181.801-181.812, 2015 OL, Ch. 820 (HB
				  2320), 2013 OL, Ch. 708 (HB 2549)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0025 - Failure of Registrant to Participate in the Risk Assessment/Failure to Provide Information for Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 the PSRB cannot complete the risk assessment using its written exhibit file, it
			 may request in writing that the registrant provide additional information to
			 aid in the completion of the assessment.
(2) The PSRB will use the registrant's
			 current address located in the Oregon State Police Sex Offender Registry or
			 PSRB's records-if the registrant is under the PSRB's jurisdiction-to
			 communicate with the registrant when seeking additional information.
(3) Failure to participate in the assessment
			 or respond to PSRB's request for information may cause the registrant to be
			 classified at a higher level if the PSRB cannot confirm the information through
			 another source or if the missing information is critical to determining a final
			 score.
Stat. Auth:
Stat. Implemented:
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0030 - Procedures for Classifying and Notifying Adult Male Registrants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The procedures
			 contained in this administrative rule apply to all male offenders who are
			 required to register as sex offenders and who were at least 18 years of age
			 when they committed the offense that created the obligation to
			 register.
(2) The assessing agency
			 will provide the registrant the Static-99R score, the completed Static-99R
			 assessment, a Notice of Rights form and a Written Objections form.
(3) Following the notification in subsection
			 (2), the following applies if the registrant waives objections to the
			 Static-99R score:
(a) If the registrant's
			 obligation to register occurred on or after January 1, 2014, the registrant
			 will forward the Notice of Rights form indicating the registrant's waiver to
			 the PSRB within 20 (twenty) calendar days after the mailing date on the Notice
			 of Rights.
(b) If the registrant's
			 obligation to register occurred before January 1, 2014, the registrant will
			 forward the Notice of Rights form indicating the registrant's waiver to the
			 PSRB within 60 (sixty) calendar days after the mailing date on the Notice of
			 Rights.
(c) The PSRB will review
			 the submission by the registrant and determine a final classification.
(d) The PSRB will notify the
			 Department of State Police of the results of the risk assessment and final
			 classification within three business days of the date of the final
			 classification.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0040 - Releasing Information to the Public and Law Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The PSRB will review all requests for
			 information concerning a specific sex offender or sex offenders who reside in a
			 specific area on a case by case basis to determine what, if any, information is
			 in the public interest to release.
(2) The PSRB has the authority to release any
			 information to law enforcement and the public it deems necessary to protect the
			 public in accordance with ORS 161.835. The Board will release information on a
			 case by case basis and release the minimum information necessary to achieve the
			 goal of reasonable public safety.
(3) When the PSRB discharges a registrant who
			 has been determined to be at a Level III, the Board will notify the Department
			 of State Police and request that if the person was not already on the public
			 website maintained by the department, that they be added in accordance with ORS
			 163A.215(3).
(4) When the PSRB
			 discharges any level registrant, the Board or its designee will evaluate
			 whether notification of those listed in ORS 163A.215(2)(b) is appropriate. This
			 may include requesting that a registrant be included on the public website
			 regardless of their classification level.
Stat. Auth: ORS
				  161.387(1)
				  & 163A.215
Stat. Implemented: ORS
				  163A.215
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0045 - Requests for Reclassification/Relief

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Beginning on December 1, 2018,
			 registrants who meet certain criteria may petition the PSRB to reclassify them
			 to a lower classification level and/or request relief from the obligation to
			 report as a sex offender as provided in ORS 163A.125.
(2) The PSRB will develop administrative
			 rules in preparation for implementation of a reclassification and relief
			 program no later than October 1, 2018.
Stat. Auth: ORS
				  161.387(1)
				  & 181.801 -
				  181.821
Stat. Implemented: ORS
				  181.821
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0050 - Petition for Relief

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual
			 classified as a sex offender under ORS
			 163A.010,
			 163A.015,
			 or
			 163A.020 and eligible to petition the Psychiatric Security Review Board may file a
			 petition for relief or reclassification as follows:
(a) for relief, under ORS
			 163A.125(1)(b),
			 from the obligation to report or;
(b) for reclassification under ORS 163A(2)(b)
			 or (2)(d)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0060 - Time Frame

Current through Register Vol. 63, No. 7, July 1, 2024
An individual may file a petition for relief with the Board
				according to time frames outlined in ORS
				163A.125.
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 859-400-0070 - Timing of Relief Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Within forty-five (45) days following receipt of a completed Petition for
			 Relief and all required supporting documents, Board staff will schedule a
			 relief hearing. The Sex Offender Relief Panel shall conduct the relief hearing
			 on the petition within a reasonable time.
(2) The Board will schedule relief hearings
			 at least one day per month unless the Panel determines that there is not
			 sufficient business before the Panel to warrant a hearing on the scheduled
			 day.
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 859-400-0080 - Notice of Relief Hearing/Request for Continuance/Withdrawal of Petition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following
			 receipt of the petition, the Board shall provide written notice of the relief
			 hearing to the following persons or agencies within a reasonable time:
(a) Attorney representing the petitioner, if
			 any;
(b) The Attorney General's
			 Office;
(c) If the petitioner was
			 convicted or found Guilty Except for Insanity, and:
(i) The petitioner was convicted or found
			 Guilty Except for Insanity in Oregon, the district attorney in the county where
			 petitioner's sex crime was adjudicated; or
(ii) The petitioner was convicted or found
			 Guilty Except for Insanity in a United States Court outside Oregon, the
			 district attorney of the county in which the petitioner resides.
(d) The victim of the petitioner's
			 sex crime or offenses identified after a reasonable effort is made, if the
			 court or Panel finds that the victim requests notification;
(e) The sheriff of the county in which
			 petitioner resides;
(f) The chief
			 of police where petitioner resides, if applicable; and
(g) Any other person requesting
			 notification.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 400 - SEX OFFENDER CLASSIFICATION/RELIEF FROM REGISTRATION/RECLASSIFCATION › Section 859-400-0090 - Principal Issue before the Panel/Challenges to Initial Sex Offender Risk Score

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The issue at
			 any sex offender relief hearing shall be whether the petitioner has
			 demonstrated by clear and convincing evidence that he or she is statistically
			 unlikely to reoffend, and does not pose a threat to public safety.
(2) Petitions asserting other grounds for
			 relief, including, but not limited to, errors in the scoring tool or by those
			 who conducted the initial sex offender classification review, shall not be
			 heard by the Sex Offender Relief Panel. Review challenges may only be taken as
			 set forth in section 31, chapter 442, Oregon Laws 2017 (4)(a).
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 859-400-0100 - Quorum and Decisions of Sex Offender Relief Panel

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The presence of at least three Adult
			 Panel members of the PSRB constitutes a quorum. Any three members of the
			 Board's Adult Panel may make up the Sex Offender Relief Panel. Three concurring
			 votes (affirmative or negative) are required to make a Panel decision. When
			 three members cannot agree during deliberations about a hearing outcome, the
			 hearing may be continued for no longer than 60 days. The recording of the
			 hearing and the exhibits shall be reviewed by the remaining Panel member(s),
			 and a decision by the majority of the Panel members will be the finding and
			 order of the Panel.
(2) At the
			 outset of each relief hearing, the Panel members shall select one member to be
			 the presiding officer of the relief hearing. The relief hearing shall be
			 conducted by and under the control of the presiding officer. The presiding
			 officer shall designate the order of presentation and questioning, determine
			 the scope of questioning, and may set time limits and terminate irrelevant
			 questions and irrelevant or unresponsive answers. The presiding officer 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
			 presiding officer in the case and the correct application of the law to those
			 facts. The presiding officer also may limit repetitious and cumulative
			 evidence.
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 859-400-0110 - Public Meetings Law

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All sex
			 offender relief hearings shall be open to the public in accordance with the
			 Public Meetings Law.
(2)
			 Deliberations of the Panel shall not be open to the public. For the purposes of
			 this subsection, the term "public" does not include PSRB employees or
			 staff.
Statutory/Other Authority: ORS
				  161.387(1)
				  & ORS
				  163A.125
Statutes/Other Implemented: ORS
				  161.387(1)
				  & ORS
				  163A.125