Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 570 - CONDITIONAL RELEASE OF YOUTHS › Section 859-570-0010 - Conditional Release Planning for Youths in Secure Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In determining
			 whether an order of conditional release is appropriate, the Board shall have as
			 its goals the protection of the public, the best interests of justice, and the
			 welfare of the youth. The Department of Human Services or Oregon Health
			 Authority is responsible for and shall prepare the conditional release plan. In
			 order to carry out the conditional release plan, the Department 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.
(2)
			 Conditional Release Evaluation.
(a) If the
			 Board finds the youth may be treated and controlled in the community, the Board
			 shall order an evaluation of the youth by a community mental health or
			 development disabilities agency for community placement.
(b) If staff of the designated secure
			 facility determines that a youth may be ready for conditional release, the
			 staff may request that the Board order an evaluation for community placement.
			 That request shall be accompanied by a current treatment note update signed by
			 the youth's treating psychiatrist.
(c) If the Board orders an evaluation for
			 community placement, the designated evaluator shall review the youth's exhibit
			 file and evaluate the youth in person to determine if the youth is appropriate
			 for conditional release. The evaluator shall provide a written report to the
			 board with its findings.
(A) If the community
			 agency agrees that the youth is appropriate for conditional release and that it
			 has the necessary treatment and is willing to accept supervision for the youth,
			 the evaluation shall include proposed conditions of release. The treatment plan
			 may include, but is not limited to, individual counseling, group counseling,
			 home visits, prescription of medication, and any other treatment for any
			 co-morbid condition such as substance abuse recommended by the provider(s) and
			 approved by the Board. The provider must agree to have a designated individual
			 that will have primary reporting responsibility to the Board, including the
			 following responsibilities:
(i) Notify the
			 Board in writing of the youth's progress at least once a month through a
			 monthly progress report;
(ii)
			 Notify the Board promptly of any grounds for revocation under OAR
			 859-080-0010;
(iii) Notify the
			 Board promptly of any significant changes in the youth's mental
			 status;
(iv) Notify the Board
			 promptly of any significant changes in the implementation of the conditional
			 release plan; and
(v) Coordinate
			 and monitor all elements of the conditional release plan. The youth shall sign
			 a form agreeing to comply with the proposed conditions of release. This signed
			 form shall be submitted with the request for conditional release. The
			 conditions shall include notice that if the youth leaves the state without
			 authorization of the Board, the youth may be charged with a new crime of Escape
			 II.
(B) If the community
			 agency does not find that community placement is appropriate for the youth, the
			 evaluator's written report shall outline the reasons for its findings and any
			 recommendations for future treatment.