SENATE COMMITTEE ON JUDICIARY

 

 

January 18, 2005                                                                                                 Hearing Room 343

1:00 p.m.                                                                                                                           Tapes 3 - 4

 

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Charles Starr, Vice-Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Charlie Ringo

Sen. Vicki Walker

Sen. Doug Whitsett

 

STAFF PRESENT:                 Joe O'Leary, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD & WITNESSES:      

                                                Overview of Psychiatric Security Review Board (PSRB)

                                                            Mary Claire Buckley, Executive Director PSRB

Bob Nikkel, Administrator, DHS, Office of Mental Health and Addiction Services

                                                SB 39 and 41 – Public Hearing

                                                            Mary Claire Buckley, Executive Director PSRB

Bob Nikkel, Administrator, DHS, Office of Mental Health and Addiction Services

                                                SB 40 – Public Hearing and Work Session

Mary Claire Buckley, Executive Director PSRB

Bob Nikkel, Administrator, DHS, Office of Mental Health and Addiction Services

                                                SB 204 – Public Hearing and Work Session

                                                            Daina Vitolins, Assistant Attorney General                                      

 

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 3, A

004

Chair Burdick

Calls the meeting to order at 1:12 p.m.  Introduces Mary Claire Buckley and Bob Nikkel who are giving an overview of the Psychiatric Security Review Board and its relationship to the Oregon State Hospital.

OVERVIEW OF PSYCHIATRIC SECURITY REVIEW BOARD – INFORMATIONAL MEETING

010

Mary Claire Buckley

Executive Director, Psychiatric Security Review Board (PSRB).  Submits packet of information and gives a brief history of the PSRB, including statutory functions and a section of graphs and charts relating to current population of clientele (EXHIBIT A)

044

Buckley

Discusses the makeup of the PSRB and its members.  Remarks that the PSRB statutes are outlined in EXHIBIT A.

056

Buckley

Discusses the funding for PSRB and how clients end up with the PSRB, and for how long.  Gives statistics on people currently under the jurisdiction of the PSRB.

093

Buckley

Discuss rights of clients and disposition of clients based on their mental status.

143

Buckley

Describes low recidivism rate compared with Department of Correction’s (DOC).

157

Buckley

Refers to chart (New Clients by Year) and graph (New Clients vs. Discharges). 

192

Buckley

Discusses Past and Projected Lapses, with a projected net gain of 50 or more clients per year.

203

Buckley

Describes graph, “Snapshot as of January 17, 2005,” with current distribution of the 715 patients.

246

Sen. Prozanski

Asks about the 24 clients AWOL; how many are in DOC as opposed to escape status.

252

Buckley

States 2 are in DOC, 22 on escape status are carried over from when PSRB was initially created in 1978, not all are current cases.

264

Sen. Whitsett

Asks if there is a relationship between the increase of meth usage and increase in population of PSRB’s clients.

271

Buckley

States yes, a relationship exists between substance induced psychosis and population, with meth being primary drug.

280

Bob Nikkel

Administrator, DHS, Office of Mental Health and Addiction Services.  Discusses how they are 56 patients over the budgeted capacity (and yet under their licensed capacity), which presents a challenge not only for patients, but also for the staff.

325

Nikkel

Explains the process for releasing patients into a community setting.

344

Nikkel

Points out that $1.5 million dollars a year are spent on monitoring patients returning to communities.

357

Nikkel

Discusses  Medicaid eligibilities of patients leaving the Oregon State Hospital.

383

Chair Burdick

Asks what factors determine if a person is Medicaid eligible or not.

387

Nikkel

Replies that people go through Social Security (SS) determination process, that makes the decision for being eligible or not.

399

Chair Burdick

Inquires whether there is a process for assistance by the PSRB for people to go through the SS process.

401

Nikkel

Answers affirmatively.

428

Nikkel

Discusses county involvement in accepting patients into communities after release.

450

Nikkel

Speaks about the community concern  of safety from patients.  Notes that the PSRB goes to great lengths to make sure the patients are ready to enter society, and monitor those that do.

480

Chair Burdick

Opens Public Hearing for SB 39 and SB 41.

SB 39 and SB 41 - PUBLIC HEARING

498

Mary Claire Buckley

Executive Director, Psychiatric Security Review Board.  Testifies in support of SB 39, relating to verdict of guilty except for insanity, and SB 41, relating to insanity of defense.

TAPE 4, A

046

Buckley

Advises that both bills be sent to a work group for deliberation and analysis by the American Civil Liberties Union, defense lawyers, PSRB, etc.

052

Chair Burdick

Asks Ms. Buckley and Mr. Nikkel to form a work group for further study of SB 41.

055

Buckley

Answers in the affirmative, also states that there is criticism in some cases for lack of citing of mental disease or defect for review later. 

065

Chair Burdick

Closes public hearing on SB 39 and SB 41 and opens a public hearing on SB 40.

SB 40 - PUBLIC HEARING

071

Joe O’Leary

Counsel.  Introduces SB 40 which excludes from the legal definition of mental disease or defect the disorder of paraphilia.  As of now, it only excludes personality disorders.

088

Mary Claire Buckley

Executive Director, Psychiatric Security Review Board (PSRB).  Testifies in support of SB 40, and discusses a recent court case that relates to the Senate Bill.

100

Sen. Prozanski

Asks why the matter was dismissed, did the court choose not to go forward.

102

Buckley

Responds that the matter was dismissed because the client’s jurisdiction had elapsed.

104

Sen. Prozanski

Wonders if they had accepted review of the matter before they dismissed?

106

Buckley

Replies, yes.  Continues with discussion on SB 40.

119

Chair Burdick

Asks if anyone currently has a diagnosis of paraphilia.

123

Buckley

Replies it would affect only two individuals under PSRB’s jurisdiction, both placed under their care many years ago.  Advises an amendment for an emergency clause to be added to make this legislation effective as soon as passed.

138

Chair Burdick

Asks about the need for an emergency clause.

141

Buckley

Responds that the PSRB would like the emergency clause so they wouldn’t have to take in the patients under those categories altered by SB 40.

146

Sen. Prozanski

Questions why the two individuals addressed would not be impacted by this legislation.

150

Buckley

Indicates this legislation affects those only after passage.

154

Sen. Prozanski

Questions the intent of this legislation.  Will any patients attempt to rescind their earlier judgment if SB 40 is enacted?

160

Buckley

Says they can check that out.

175

Bob Nikkel

Administrator, Office of Mental Health and Addiction Services.  Submits testimony in support of SB 40 (EXHIBIT D).

191

Vice-Chair Starr

Wonders if passage of this bill excludes this as a defense for those being adjudicated.

200

Buckley

Clarifies when this defense would be used.

207

Sen. Prozanski

Wonders if convicted individuals would then enter the penal system and not the PSRB for supervision.

211

Buckley

Replies, yes.

215

Chair Burdick

Closes public hearing on SB 40 and opens a work session.

SB 40 - WORK SESSION

220

Sen. Walker

MOTION:  Moves SB 40 to the floor with a DO PASS recommendation.

223

Sen. Prozanski

Asks if emergency clause would be addressed on House side.

226

Chair Burdick

Answers yes.

230

 

VOTE:  6-0- 1

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Ringo

231

Chair Burdick

The motion CARRIES.

REP. WHITSETT will lead discussion on the floor.

238

Chair Burdick

Closes the work session on SB 40 and opens a public hearing on SB 204.

SB 204 - PUBLIC HEARING

242

Joe O’Leary

Counsel introduces SB 204 which modifies crime of simulating legal process to require that defendant act with intent to harass, injure or defraud.

260

Daina Vitolins

Assistant Attorney General.  Submits testimony and testifies in support of SB 204 (EXHIBIT E)

284

Chair Burdick

Inquires about current cases.

285

Vitolins

Gives case history.

293

Chair Burdick

Closes public hearing on SB 204 and opens a work session.

SB 204 - WORK SESSION

297

Vice-Chair Starr

MOTION:  Moves SB 204 to the floor with a DO PASS recommendation.

298

 

VOTE:  6-0- 1

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Walker

299

Chair Burdick

The motion CARRIES.

REP. BURDICK will lead discussion on the floor.

305

Chair Burdick

Closes the work session on SB 204.

306

Chair Burdick

Adjourns the meeting at 2:00 p.m.

 

 

 

EXHIBIT SUMMARY

 

  1. PSRB, A Model for Management and Treatment of Insanity Acquittees and other informational material, Mary Claire Buckley, 14 pp
  1. SB 40, written testimony, Robert E. Nikkel, 1 p
  2. SB 204, written testimony, Daina A. Vitolins, 1 p

 

The following material is submitted for the record without public testimony:

 

  1. SB 39, written testimony, Robert E. Nikkel, 1 p
  2. SB 41, written testimony, Robert E. Nikkel, 1 p