reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0055 - Burdens

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The standard of
			 proof on all issues at hearings of the Board will be the preponderance of the
			 evidence.
(2) The party with the
			 burden of proof will also have the burden of going forward with the evidence
			 (call and examine witnesses, propose conditions of release, etc.).
(3) The burden of proof will depend on the
			 type of hearing, as follows:
(a) Initial
			 90-day hearing under ORS
			 161.341(6)(a):
			 The state has the burden to show the person continues to be affected by a
			 mental disease or defect and continues to be a substantial danger to
			 others.
(b) Initial review hearing
			 under ORS
			 161.327(10):
			 The state has the burden of proving that the current court conditional release,
			 modification of conditional release, or a proposed plan is
			 appropriate.
(c) Revocation hearing
			 under ORS
			 161.336(4)(c):
			 The state has the burden to show that the revocation of conditional release was
			 appropriate and that jurisdiction of the Board should continue.
(d) Conditionally released outpatient's
			 request for modification of a conditional release or discharge under ORS
			 161.336(5)(a):
			 The patient has the burden of proving his or her fitness for modification of a
			 conditional release or discharge.
(e) Hospital patient's request for
			 conditional release or discharge under ORS
			 161.341(3):
			 The person has the burden of proving his or her fitness for conditional release
			 or discharge unless it has been more than 2 years since the State had the
			 burden of proof in which case the burden is on the State.
(f) Request for conditional release or
			 discharge of the patient by the State Hospital under ORS
			 161.341(1):
			 the state must prove the person is not appropriate for conditional release or
			 discharge.
(g) Request for
			 conditional release or discharge of the outpatient by an outpatient supervisor
			 under ORS
			 161.336(5)(b):
			 the State has the burden.
(h) At a
			 status review hearing (5 year hearing) under ORS
			 161.336(6):
			 The state has the burden of proving that the current conditional release,
			 modification of conditional release, or a proposed plan is
			 appropriate.
(i) If at any hearing
			 the hospital staff agrees with the patient on the issue of mental disease or
			 defect, dangerousness or fitness for conditional release but no advance notice
			 is given to the Board that the hospital requests discharge or conditional
			 release, the burden of proof remains with the patient.
(j) The testimony of hospital staff will be
			 considered as evidence to assist the Board in deciding whether the patient has
			 met his/her burden.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0060 - Deliberations

Current through Register Vol. 63, No. 7, July 1, 2024
Board deliberations are confidential and not open to the
				public. For purposes of this rule, "the public" does not include PSRB
				employees. PSRB staff may attend Board deliberations.
Stat. Auth.: ORS
				  161.387
Stats. Implemented: ORS
				  161.346
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0065 - 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, up to 60 days
				to obtain additional information, psychiatric reports or testimony or to
				accommodate a witness's schedule. The patient may waive the 60-day time period
				for good cause.
Stat. Auth.: ORS 161
Stats. Implemented: ORS
				  161.346
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0070 - Cancellation of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 requestor of a hearing may request cancellation of that hearing. The request
			 should be in writing and state the basis for the cancellation
			 request.
(2) If a
			 patient/outpatient requests cancellation of a hearing after notices for that
			 hearing have been mailed by the Board, the person will not be able to request
			 another hearing for six months from the date of the canceled hearing.
Stat. Auth.: ORS 161
Stats. Implemented: ORS
				  161.346
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0075 - 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 patient's physician, the patient might need
			 restraining, the Board prefers to have staff attending the hearing with the
			 patient rather than to use physical restraints. However, the final decision on
			 use of restraints lies with the physician.
(2) Any attorney objecting to the patient
			 appearing with restraints at the hearing may raise the issue and ask for
			 testimony from the physician or request a continuance of that hearing until the
			 patient can appear safely without restraints.
Stat. Auth.: ORS 161
Stats. Implemented: ORS
				  161.346
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0080 - Board Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board will provide findings and notify the parties and other interested
			 individuals and organizations, as appropriate.
(2) The board may issue its decisions orally
			 on the record at the hearing, and will do so unless the Board has reason to
			 delay issuing its findings.
Stat. Auth.: ORS
				  161.387
Stats. Implemented: ORS
				  161.346
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0083 - Split Votes at Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 three members cannot agree during deliberations about a hearing outcome, the
			 hearing may be continued for no longer than 60 days. The recording of the
			 hearing and the exhibits will be reviewed by the remaining member(s) and a
			 decision by the majority of the members will be the finding and order of the
			 Board. Before making a decision, the Board may deliberate any time it has a
			 quorum.
(2) If the party objects
			 for good cause to the remaining member's or members' review as set forth in
			 section (1) of this rule, the Board may reschedule the matter for a hearing
			 before the entire Board.
(3) Board
			 staff will electronically notice both parties and the victim advocate of the
			 split shortly after the deciding vote(s) are known to staff.
Stat. Auth.: ORS
				  161.387
Stats. Implemented: ORS
				  161.346
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0085 - Notification of Right to Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 At the conclusion of a Board hearing, the Board Chair or acting Chair will
			 provide the person and his or her attorney with written notification advising
			 of the right to appeal on an adverse decision within 60 days from the date an
			 order is signed and the right to an attorney is indigent.
(2) If the person refuses to sign the
			 Notification of Appeal, the person's attorney/PSRB staff will sign the
			 Notification of Appeal attesting that the person refuses to sign it.
Stat. Auth.: ORS 161
Stats. Implemented: ORS
				  161.385
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0090 - Patient/Outpatient Appearing Pro Se

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 a patient/outpatient waives the right to be represented by an attorney, the
			 Board will take written or oral testimony and decide whether the
			 patient/outpatient is capable of understanding the proceedings.
(2) After considering evidence about the
			 competency of a patient/outpatient to represent his or her own interests at the
			 hearing, the Board will rule on whether the patient/outpatient will be allowed
			 to represent himself/herself pro se or whether the Board will appoint counsel
			 to represent the patient/outpatient over his or her objection.
Stat. Auth.: ORS 161
Stats. Implemented: ORS
				  161.346
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0095 - Examination of Person Under Jurisdiction of the Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board may appoint a psychiatrist,
			 psychiatric mental health nurse practitioner, or licensed psychologist to
			 examine the person and submit a jurisdictional report to the Board, including
			 an opinion as to the mental condition of the person, whether the person
			 presents a substantial danger to others and whether the person could be
			 adequately controlled on conditional release with treatment and
			 supervision:
(2) The attorney
			 representing the state may choose, at the state's expense, a psychiatrist or
			 licensed psychologist to examine the person.
(a) The jurisdictional report will include a
			 written opinion as to the mental condition of the person, whether the person
			 presents a substantial danger to others and whether the person could be
			 adequately controlled on conditional release with treatment and
			 supervision.
(b) The attorney for
			 the state will file a written notice of intent to conduct an examination. This
			 notice may include a request for a continuance of the scheduled hearing in
			 order to allow time for the requested examination.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0100 - Appearance at Hearings by Remote Means

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Participation via telephone, other
			 two-way electronic communication device, or simultaneous electronic
			 transmission (collectively hereafter, "by remote means") is permitted at PSRB
			 Hearings.
(a) All participants appearing by
			 remote means, even if solely listening in, are expected to identify who they
			 are or have a designated person, such as the Victim Advocate or patient family
			 member, identify that they are participating. Victims who prefer to attend the
			 hearing anonymously may do so but must contact the PSRB prior to the start of
			 the hearing.
(b) Participants
			 appearing by remote means will be recorded, even if they are muted, by the
			 recording equipment. Therefore, participants are expected to listen to the
			 hearings in a location that will minimize any noise interference, such as
			 television, wind/rain/weather background noise, and conversations with others.
			 When there are multiple participants on the conference line, it is expected
			 that there will be professional decorum.
(c) If Board staff is given prior notice by a
			 participant appearing by remote means with a hearing day contact phone number
			 or e-mail, staff will call or email participants approximately fifteen (15)
			 minutes prior to the start of the hearing if the hearing is not scheduled to
			 occur in-person.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0105 - Protocol for Media at Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Public Access Coverage Defined. As used in this rule:
(a) "Public access coverage" means coverage
			 by means of any public access coverage equipment.
(b) "Public access coverage equipment" means
			 any of the following in the possession of persons other than the PSRB or the
			 PSRB staff: television equipment; still photographer equipment; audio, video,
			 or other electronic recording equipment.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0110 - Records of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
All Board hearings, except Board deliberations, will be
				recorded by electronic means which can be transcribed. All documents considered
				will be included in the file and kept as part of the record:
(1) Audio recordings capable of being
			 transcribed will be kept by the Board for a minimum period of five years from
			 the hearing date;
(2) Any material
			 to which an objection is sustained will be removed from the exhibit file and
			 will not be considered in future Board hearings; the objection and ruling of
			 the Board will be noted on the record.
Statutory/Other Authority: ORS
				  161.387
Statutes/Other Implemented: ORS
				  161.295-161.400
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 60 - PRINCIPAL ISSUES BEFORE THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-060-0005 - Issues

Current through Register Vol. 63, No. 7, July 1, 2024
At any hearing before the Board issues considered shall be
				limited to those relevant to the purposes of the hearing. Notice of intent to
				raise new issues shall be given to the Board in writing prior to the hearing.
				If new issues are raised, the Board may continue the hearing to consider the
				issues and give the parties an opportunity to submit additional
				evidence.
Stat. Auth.: ORS
				  161.387
Stats. Implemented: ORS
				  161.346
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 60 - PRINCIPAL ISSUES BEFORE THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-060-0010 - Primary Concern: Protection of Society

Current through Register Vol. 63, No. 7, July 1, 2024
In determining whether a person should be committed to a state
				hospital, conditionally released or discharged, the Board shall have as its
				primary concern the protection of society. The Board shall not discharge a
				person whose qualifying mental disorder may, with reasonable medical
				probability, occasionally become active, and when active, render the person a
				danger to others.
Statutory/Other Authority: ORS 161
Statutes/Other Implemented: ORS
				  161.336,
				  161.341,
				  161.346  & 161.351
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 60 - PRINCIPAL ISSUES BEFORE THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-060-0015 - Initial Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After being
			 placed under the jurisdiction of the Board and committed to a state hospital,
			 the person shall have an initial hearing before the Board to determine whether
			 the person should be committed, conditionally released, or discharged:
(a) At an initial hearing, the Board shall
			 make a finding on the issue of presence of qualifying mental disorder and
			 dangerousness and may base it on the court's findings and any additional
			 information received.
(b) If the
			 Board finds at its initial hearing that the person is affected by a qualifying
			 mental disorder, presents a substantial danger to others and is not a proper
			 subject for conditional release, the Board shall order the person committed to,
			 or retained in, a state hospital designated by the Oregon Health Authority for
			 custody, care, and treatment.
(c)
			 If the Board finds the person is still affected by a qualifying mental disorder
			 and is a substantial danger to others but can be adequately controlled with
			 treatment and supervision if conditionally released, the Board shall find the
			 person appropriate for conditional release and shall follow procedures set
			 forth in Division 70.
(d) If the
			 Board makes a finding that the person is no longer affected by a qualifying
			 mental disorder or is no longer a substantial danger to others, the Board shall
			 order the discharge of the person from jurisdiction.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 60 - PRINCIPAL ISSUES BEFORE THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-060-0020 - Revocation Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
At a revocation hearing the Board shall consider whether the
				revocation was appropriate and whether the person can be continued on
				conditional release or should be committed to a state hospital designated by
				the Mental Health and Developmental Disability Services Division. The Board may
				consider a request for discharge at a revocation hearing or make that finding
				after considering the evidence before the Board:
(1) If the Board finds the person is affected
			 by a qualifying mental disorder and presents a substantial danger to others and
			 cannot be safely controlled in the community while on conditional release, the
			 person shall be committed to a state hospital designated by the Mental Health
			 and Developmental Disability Services Division.
(2) If the Board finds the person could be
			 controlled in the community but no conditional release plan has been approved
			 by the Board, the Board shall order the person committed but find the person
			 appropriate for conditional release. The Board shall specify what conditions
			 the plan should include and may approve the conditional release plan submitted
			 by the staff of the hospital, by the patient or someone on the patient's
			 behalf, at an administrative hearing.
(3) If the Board finds the person can be
			 controlled in the community and a verified conditional release plan is approved
			 by the Board, the Board shall order the person placed on conditional release in
			 accordance with procedures set forth in Division 70.
(4) If the person has been charged with a new
			 crime or is serving time in the corrections system, the Board shall not hold a
			 revocation hearing until such time as the person is returned to the Mental
			 Health and Developmental Disability Services Division or upon an appropriate
			 request to hold a hearing.
Statutory/Other Authority: ORS
				  161.387
Statutes/Other Implemented: ORS
				  161.336
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 60 - PRINCIPAL ISSUES BEFORE THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-060-0025 - Patient Request for Conditional Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In a hearing before the Board on a person
			 under the jurisdiction of the PSRB's request for conditional release, the Board
			 shall consider whether, although still affected by a qualifying mental
			 disorder, the person can be adequately controlled in the community with
			 treatment and supervision, and shall determine whether the person is a proper
			 subject for conditional release in accordance with procedures set forth in
			 Division 70.
(2) A jurisdictional
			 report is required to schedule this hearing type.
Statutory/Other Authority: ORS
				  161.387
Statutes/Other Implemented: ORS
				  161.341
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 60 - PRINCIPAL ISSUES BEFORE THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-060-0030 - Patient Request for Discharge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In a hearing before the Board on a
			 patient request for discharge, the Board shall determine whether the patient
			 continues to be affected by a qualifying mental disorder and is a substantial
			 danger to others:
(a) If the Board finds the
			 person is no longer affected by a qualifying mental disorder or if so affected,
			 no longer presents a substantial danger to others, the person shall be
			 discharged.
(b) If the Board finds
			 the person is not appropriate for discharge, the Board may consider whether the
			 patient is appropriate for conditional release even if not requested previously
			 by the patient.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 60 - PRINCIPAL ISSUES BEFORE THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-060-0035 - Hospital Request for Conditional Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At any time while a patient is committed
			 to a state hospital designated by the Mental Health and Developmental
			 Disability Services Division, the superintendent of the hospital or designee
			 shall apply to the Board for conditional release if it is the opinion of the
			 treating physician that the patient continues to be affected by a qualifying
			 mental disorder and continues to be a danger to others but can be controlled in
			 the community with proper care, medication, supervision and
			 treatment.
(2) A jurisdictional
			 report is required to schedule this hearing type.
Statutory/Other Authority: ORS
				  161.387
Statutes/Other Implemented: ORS
				  161.341
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 60 - PRINCIPAL ISSUES BEFORE THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-060-0040 - Hospital or Outpatient Supervisor Request for Discharge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At any time while a patient is committed
			 to a state hospital designated by the Oregon Health Authority the
			 superintendent of the hospital or designee shall apply to the Board for
			 discharge if, in the opinion of the hospital superintendent or designee the
			 person is no longer affected by a qualifying mental disorder or, if so
			 affected, the person no longer presents a substantial danger to
			 others.
(2) At any time while an
			 individual is on conditional release, the case monitor shall apply to the Board
			 for discharge if, in the opinion of the case monitor, the person is no longer
			 affected by a qualifying mental disorder or, if so affected, the person no
			 longer presents a substantial danger to others.
(3) A jurisdictional report is required to
			 schedule this hearing type.
Statutory/Other Authority: ORS
				  161.387
Statutes/Other Implemented: ORS
				  161.341
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 60 - PRINCIPAL ISSUES BEFORE THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-060-0045 - Mandatory Two-Year, Five-Year Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall have periodic mandatory hearings for all
				patients:
(1) Two-year hearing:
(a) In no case shall a person be committed
			 and held in a state hospital under the Board's jurisdiction for a period of
			 time exceeding two years without a hearing before the Board to determine
			 whether the person should be conditionally released or discharged;
(b) The Board shall consider whether the
			 person continues to be affected by a qualifying mental disorder, whether the
			 person presents a substantial danger to others, and if the person is affected
			 by a qualifying mental disorder and is a substantial danger to others, whether
			 the person could be adequately controlled if conditionally released.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 60 - PRINCIPAL ISSUES BEFORE THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-060-0050 - Status Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
The Board may hold a hearing at any time to review the status
				of the patient to determine whether modification of a conditional release order
				is appropriate, whether a revocation is appropriate or any other change in
				status as allowed by law.
Stat. Auth.: ORS 161
Stats. Implemented: ORS
				  161.336
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 70 - CONDITIONAL RELEASE OF ADULTS › Section 859-070-0005 - Court Conditional Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If the court finds the person presents a substantial danger to others but may
			 be adequately controlled with supervision and treatment if conditionally
			 released, and that necessary supervision and treatment are available, the
			 court, instead of ordering the person committed to a state hospital, may order
			 the person conditionally released.
(2) To make the finding above, the court
			 must:
(a) Order a consultation to the local
			 mental health program designated by the Board to determine whether the
			 necessary supervision and treatment for the person are available in the
			 community and appropriate for the person.
(A)
			 A consultation must be ordered by the court when the person's most serious
			 offense in the charging instrument is a Class C felony.
(B) A consultation may be ordered by the
			 court when the person's most serious offense in the charging instrument is a
			 Class A or Class B felony.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 70 - CONDITIONAL RELEASE OF ADULTS › Section 859-070-0010 - Board Order of Conditional Release

Current through Register Vol. 63, No. 7, July 1, 2024
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 patient's
				behavior in the hospital including the patient's progress, insight and
				responsibility taken for the patient's own behavior:
(1) 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. If
			 a person has a DOC detainer, the Board may order conditional release to that
			 agency if the Board finds that the patient no longer needs a hospital level of
			 care and that the patient could be adequately controlled and treated and the
			 supervision and treatment necessary are available in that DOC setting.
(2) If the Board finds the person
			 could be controlled in the community or DOC but no conditional release plan has
			 been approved by the Board, the Board may order the person committed but find
			 the person appropriate for conditional release pending submission of a
			 conditional release plan signed by either a mental health community provider or
			 DOC. The Board may specify what conditions the plan should include and may
			 approve the conditional release plan submitted by the staff of the hospital, by
			 the patient or someone on the patient's behalf at an administrative
			 hearing.
(3) If a verified
			 conditional release plan has not been approved and the conditions need further
			 examination and approval of the Board, the Board may commit the patient, find
			 the patient appropriate for conditional release or continue the hearing.
Stat. Auth.: ORS
				  161.387
Stats. Implemented: ORS
				  161.336 &
				  161.646
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 70 - CONDITIONAL RELEASE OF ADULTS › Section 859-070-0015 - Elements of 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 insure the safety of the public:
(1) Housing: Housing must be available for
			 the patient. The Board may require 24-hour supervised housing, a supervised
			 group home, foster care, housing with relatives or independent housing.
(2) Mental health treatment:
			 Mental health treatment must be available in the community or at DOC. 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 Board shall not require an evaluation be performed by DOC
			 staff prior to consideration of conditional release due to the nature of that
			 state agency, its security and its resources for the provision of mental health
			 services. 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: 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
			 unless the patient is housed at DOC in which case progress reports will be
			 submitted upon request of the Board;
(b) Notify the Board promptly of any grounds
			 for revocation under OAR 859-080-0010;
(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 70 - CONDITIONAL RELEASE OF ADULTS › Section 859-070-0020 - Mental Health and Developmental Disability Services Division Responsibility to Prepare Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the state
			 hospital staff feels that a patient may be ready for conditional release, the
			 staff may request that the Board order an evaluation for community
			 placement.
(2) The Mental Health
			 and Developmental Disability Services Division is responsible for and shall
			 prepare the conditional release plan. In order to carry out the conditional
			 release plan, the Mental Health and Developmental Disability Services Division
			 may contract with a community mental health program, other public agency or
			 private corporation or an individual to provide evaluations for community
			 placement, supervision and treatment.
Stat. Auth.: ORS
				  161.387
Stats. Implemented: ORS
				  161.336 & ORS
				  161.390
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 70 - CONDITIONAL RELEASE OF ADULTS › Section 859-070-0025 - Modification or Termination of Conditional Release

Current through Register Vol. 63, No. 7, July 1, 2024
Modification or termination of an order of conditional release
				may be proposed by the patient, supervising person, mental health facility or
				any other interested party, or by the staff or the Board on its own motion upon
				a review of the status of the patient:
(1) Modifications of conditional release may
			 be considered by the Board at any time.
(2) As an alternative to termination of
			 conditional release, a patient may return voluntarily to a state
			 hospital.
(3) Termination of
			 conditional release may be effected by preparation of a revocation order in
			 accordance with procedures set forth in Division 80.
(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 the Board
			 hearing.
Stat. Auth.: ORS 161
Stats. Implemented: ORS
				  161.336
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 70 - CONDITIONAL RELEASE OF ADULTS › Section 859-070-0030 - 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.
(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 70 - CONDITIONAL RELEASE OF ADULTS › Section 859-070-0035 - Out-of-State Conditional Release Order

Current through Register Vol. 63, No. 7, July 1, 2024
The Board may consider and approve a conditional release plan
				to have the patient reside out of state.
Stat. Auth.: ORS 161
Stats. Implemented: ORS
				  161.336
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 70 - CONDITIONAL RELEASE OF ADULTS › Section 859-070-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  161.387, Or Law 2011, ch 708,
				  §33(2) (SB 420)
Stats. Implemented: ORS
				  161.315 - ORS
				  161.351, Or Law 2011, ch 708,
				  §§ 5, 33, 41 (SB 420)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 80 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD ORDER OF REVOCATION › Section 859-080-0005 - Affidavit Recommending Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Affidavit Recommending Revocation. Upon
			 the recommendation of the staff of the Psychiatric Security Review Board and
			 receipt of an affidavit based on noncompliance with an order of the Board or a
			 change in the patient'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)
			 Emergency Revocation. 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 order of revocation subject to review by a Board member
			 within 72 hours of the execution of the order.
(3) If the executive director is unavailable
			 due to paid or health care-related leave, the PSRB's deputy director may issue
			 orders for the return of PSRB patients on conditional release, as provided in
			 Chapter 120, Or. Laws 2018, §5(4)(a)(A), and subsection (2) of this
			 section.
Statutory/Other Authority: ORS
				  161.387  & Chapter 120, 2018 Or. Laws, §5
Statutes/Other Implemented: ORS
				  161.336
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 80 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD ORDER OF REVOCATION › Section 859-080-0010 - Reasonable Grounds for Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
Reasonable grounds for revocation of a conditional release
				include:
(1) The person has violated
			 terms of the conditional release plan;
(2) The person's mental health has
			 changed;
(3) The person has
			 absconded from jurisdiction;
(4)
			 The community resources required by the conditional release order are no longer
			 available.
Stat. Auth.: ORS 161
Stats. Implemented: ORS
				  161.336
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 80 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD ORDER OF REVOCATION › Section 859-080-0015 - Procedure for Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 After an order of revocation has been signed by a Board member, the written
			 order is sufficient warrant for any law enforcement officer to take the patient
			 into custody and transport the patient as directed by the order. A sheriff,
			 municipal police officer, constable, parole or probation officer, prison
			 official or, other peace officer shall execute the order.
(2) A community mental health program
			 director shall contact the PSRB's executive director as soon as is safe and
			 practicable after discovering that a law enforcement officer has contacted a
			 PSRB patient for whom the mental health program director has
			 responsibility.
(3) When a law
			 enforcement officer contacts a PSRB patient who has absconded from conditional
			 release, a written or electronic order from the patient's assigned community
			 mental health program director shall serve as sufficient warrant for the
			 officer to take the patient into custody and to transport the patient to an
			 appropriate facility as outlined in ORS
			 161.336.
(4) Any Psychiatric Security Review Board
			 patient whose conditional release is revoked under this chapter is entitled to
			 a hearing under ORS
			 161.336(4)(c).
(5) For purposes of this section, "other
			 facility" means a residential facility that provides mental health treatment
			 and is licensed, certified, contracted, or operated by the Oregon Health
			 Authority.
Statutory/Other Authority: ORS
				  161.387
Statutes/Other Implemented: ORS
				  161.336
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 90 - RECONSIDERATION OF ADULT PSYCHIATRIC SECURITY REVIEW BOARD FINDINGS; JUDICIAL REVIEW; ENFORCEMENT › Section 859-090-0005 - Reconsideration

Current through Register Vol. 63, No. 7, July 1, 2024
A party to the hearing may request reconsideration of a Board
				finding in writing or, on its own motion, the Board can reconsider the
				finding:
(1) If an issue is
			 appropriately raised, the matter shall be remanded to the Board for hearing on
			 that issue. A reconsideration may be upheld if:
(a) The written findings are found to be
			 inaccurate or do not support the action taken by the Board; or
(b) Substantial information material to the
			 issues which was not known or which could not have been known at the time of
			 the hearing is received; or
(c) A
			 material misrepresentation of facts or concealment of facts occurred;
			 or
(d) The Board decision is
			 contrary to the rules or statutes governing the Board.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 90 - RECONSIDERATION OF ADULT PSYCHIATRIC SECURITY REVIEW BOARD FINDINGS; JUDICIAL REVIEW; ENFORCEMENT › Section 859-090-0010 - Judicial Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Legislature has provided that a final Board order shall be subject to review by
			 the Court of Appeals upon petition to the court within 60 days of the issuance
			 of the order in accordance with ORS
			 161.385(8).
(2) The Board shall provide the attorney for
			 the patient and the court with the record of proceedings.
Stat. Auth.: ORS
				  161.387
Stats. Implemented: ORS
				  161.385
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 90 - RECONSIDERATION OF ADULT PSYCHIATRIC SECURITY REVIEW BOARD FINDINGS; JUDICIAL REVIEW; ENFORCEMENT › Section 859-090-0015 - Enforcement of Board Orders

Current through Register Vol. 63, No. 7, July 1, 2024
The Board may apply to the circuit court of the appropriate
				county for contempt proceedings under ORS
				161.395(5) when
				its directive to an agency or person is not followed.
Stat. Auth.: ORS 161
Stats. Implemented: ORS
				  161.395
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 100 - RESPONSIBILITY OF STATE AND COMMUNITY MENTAL HEALTH PROGRAMS FOR ADULTS › Section 859-100-0005 - Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
State or local mental health programs shall comply with any
				order of the Board.
Stat. Auth.: ORS 137, ORS 161, ORS 192 & ORS 428
Stats. Implemented: ORS
				  161.336 & ORS
				  161.346
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 100 - RESPONSIBILITY OF STATE AND COMMUNITY MENTAL HEALTH PROGRAMS FOR ADULTS › Section 859-100-0010 - Custody of Person Who is a Substantial Danger to Others

Current through Register Vol. 63, No. 7, July 1, 2024
The Legislature has provided that 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 a substantial danger to others because of a
				qualifying mental disorder and the person is in need of immediate care,
				custody, or treatment. The person shall be transferred to the state hospital
				designated by the Mental Health and Developmental Disabilities Services
				Division.
Statutory/Other Authority: ORS
				  161.387
Statutes/Other Implemented: ORS
				  161.346
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 100 - RESPONSIBILITY OF STATE AND COMMUNITY MENTAL HEALTH PROGRAMS FOR ADULTS › Section 859-100-0015 - Temporary Custody of Patient in State Hospital

Current through Register Vol. 63, No. 7, July 1, 2024
At any time, the Board may appoint a psychiatrist or licensed
				psychologist to examine the person and submit a report to the Board. In order
				to facilitate the examination, the person may be placed in the temporary
				custody of any state hospital or other suitable facility.
Stat. Auth.: ORS 137, ORS 161, ORS 192 & ORS 428
Stats. Implemented: ORS
				  161.346
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 100 - RESPONSIBILITY OF STATE AND COMMUNITY MENTAL HEALTH PROGRAMS FOR ADULTS › Section 859-100-0020 - Mental Health and Developmental Disability Services Division Rules for Assignment and Treatment

Current through Register Vol. 63, No. 7, July 1, 2024
The Legislature has provided that the Mental Health and
				Developmental Disability Services Division shall promulgate rules for
				assignment of persons to state mental hospitals under ORS
				161.341,
				161.365 and
				161.370 and for establishing
				standards and methods for evaluation and treatment of persons committed to a
				state hospital designated by the division or ordered to a community mental
				health program under ORS
				137.540,
				161.315 to
				161.351,
				192.690 and
				428.210.
Stat. Auth.: ORS
				  161.387
Stats. Implemented: ORS
				  161.390
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 100 - RESPONSIBILITY OF STATE AND COMMUNITY MENTAL HEALTH PROGRAMS FOR ADULTS › Section 859-100-0025 - Discharge and Conditional Release Plans

Current through Register Vol. 63, No. 7, July 1, 2024
The Legislature has provided that the Mental Health and
				Developmental Disability Services Division is responsible for preparation of
				discharge or conditional release plans.
Stat. Auth.: ORS
				  161.387
Stats. Implemented: ORS
				  161.336 & ORS
				  161.390
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 100 - RESPONSIBILITY OF STATE AND COMMUNITY MENTAL HEALTH PROGRAMS FOR ADULTS › Section 859-100-0030 - Leaves and Passes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 overnight or out-of-town leave of absence or pass request for PSRB patients in
			 a state hospital shall be signed by a physician and submitted to the PSRB on
			 the Board's pass request form no less than three days prior to the proposed
			 pass or leave of absence date.
(2)
			 Emergency pass requests may be made by telephone to the PSRB office by the
			 physician or social worker.
(3)
			 Written confirmation should be submitted to the Board in each case:
(a) A leave of absence or pass may be
			 requested when the physician is of the opinion that a leave of absence or pass
			 from the hospital would pose no substantial danger to others and would be
			 therapeutic for the person;
(b)
			 Hospital staff will be contacted by the PSRB only if there are any reservations
			 about the pass.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 100 - RESPONSIBILITY OF STATE AND COMMUNITY MENTAL HEALTH PROGRAMS FOR ADULTS › Section 859-100-0035 - Emergency Move Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Nothing in Divisions 1 through 110 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 110 - CONDITIONAL RELEASE AND DISCHARGE OF PERSONS WHOSE CRIMES WERE COMMITTEDON OR AFTER DECEMBER 5, 1996 › Section 859-110-0010 - Conditional Release and Discharge of Persons Placed Under the Board's Jurisdiction for Crimes Committed On or After December 5, 1996

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Based on advice of the Attorney General,
			 the Board interprets ORS
			 137.750 as having no effect on
			 the Board's statutory authority to order the conditional release or discharge
			 of persons placed under the Board's jurisdiction by the courts for crimes
			 committed on or after December 5, 1996.
(2) Consistent with the Board's
			 interpretation of ORS
			 137.750 in subsection (1) of
			 this rule, a person placed under the Board's jurisdiction for crimes committed
			 on or after December 5, 1996 may be placed on conditional release or discharged
			 by the Board from its jurisdiction, pursuant to applicable law and divisions 60
			 and 70 of these rules, notwithstanding the following:
(a) The judgment states that the person may
			 not be considered for conditional release or discharge from jurisdiction;
			 or
(b) The judgment is silent
			 regarding whether the person may be considered for conditional release or
			 discharge from jurisdiction.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 200 - PSRB CIVIL COMMITMENT PROGRAM › Section 859-200-0005 - Background and Purpose of Extremely Dangerous Civil Commitment Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Senate Bill 421
			 (2013) created a new type of civil commitment where the person civilly
			 committed is found by the court to be:
(a)
			 Extremely dangerous:
(A) Because the person
			 is at least 18 years old and is exhibiting symptoms or behaviors of a mental
			 disorder substantially similar to those that preceded the act described in ORS
			 426.701(3)(a)(C);
			 and
(B) Because of a qualifying
			 mental disorder presents a serious danger to the safety of other persons by
			 reason of an extreme risk that the person will inflict grave or potentially
			 lethal physical injury on others; and
(C) Unless committed, will continue to
			 represent an extreme risk to the safety of other persons in the foreseeable
			 future.