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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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PSYCHIATRIC SECURITY REVIEW BOARD 

 

DIVISION 10

ADULT PSYCHIATRIC SECURITY REVIEW BOARD DEFINITIONS 

859-010-0005

Definitions

(1) "PSRB; Board". PSRB or Board refers to the Oregon Psychiatric Security Review Board.

(2) "Person; Patient". Person or patient refers to any person under the jurisdiction of the Board.

(3) "Insanity Defense": Nomenclature. For offenses committed on or after January 1, 1984, a person is guilty except for insanity if, as a result of a mental disease or defect at the time of engaging in criminal conduct, the person lacked substantial capacity either to appreciate the criminality of the conduct or to conform the conduct to the requirements of law. The name of the insanity defense from January 1, 1978, through December 31, 1983, was "not responsible due to mental disease or defect." From January 1, 1971, through December 31, 1977, the insanity defense was known as "not guilty by reason of mental disease or defect." The name of the insanity defense prior to 1971 was "not guilty by reason of insanity."

(4) "Mental Disease". Mental disease is defined as any diagnosis of mental disorder which is a significant behavioral or psychological syndrome or pattern that is associated with distress or disability causing symptoms or impairment in at least one important area of an individual's functioning and is defined in the current Diagnostic and Statistical Manual of Mental Disorders (DSM IV) of the American Psychiatric Association.

(5) "Mental Defect". Mental defect is defined as mental retardation, brain damage or other biological dysfunction that is associated with distress or disability causing symptoms or impairment in at least one important area of an individual's functioning and is defined in the current Diagnostic and Statistical Manual of Mental Disorders (DSM IV) of the American Psychiatric Association.

(6) Proof of Mental Disease or Defect. The Board shall not discharge a person whose mental disease or defect may, with reasonable medical probability, occasionally become active, and when active, render the person a danger to others:

(a) The term "mental disease or defect" does not include an abnormality manifested solely by repeated or criminal or otherwise antisocial conduct;

(b) For offenses committed on or after January 1, 1984, the term "mental disease or defect" does not include any abnormality constituting solely a personality disorder.

(7) "Dangerousness". A person is a substantial danger to others if the person is demonstrating or previously has demonstrated intentional, knowing, reckless or criminally negligent behavior which places others at risk of physical injury.

(8) "Proof of Dangerousness" In considering the

issue of dangerousness, the Board may hear testimony on whether the person's mental disease or defect may, with reasonable medical probability, occasionally become active, and when active, render the person a danger to others.

(9) "Statutory and Administrative Hearings and Meetings". The Board shall hold statutory hearings for all persons under its jurisdiction:

(a) "Statutory Hearing" (hereinafter referred to as hearings). A statutory hearing is a meeting of the Board where a quorum is present and an application is made for discharge, conditional release, commitment or modification filed pursuant to ORS 161.336, 161.341 or 161.351 or as otherwise required by ORS 161.337 to 161.351. The Board makes written findings on the issues before it. In addition, the Board may make decisions or conduct business at the following;

(b) "Administrative Meeting". An administrative meeting is any meeting of the Board where a quorum is present for the purpose of considering matters relating to Board policy and administration. Minutes shall be taken during an administrative meeting and distributed to Board members and interested persons. Minutes shall be voted on and approved at subsequent administrative meetings;

(c) "Administrative Hearing". An administrative hearing is a meeting of the Board where a quorum is present and a conditional release plan is reviewed or modified. Notice shall be considered previously given in an order of the Board finding the person appropriate for conditional release:

(A) The Board shall consider information on the record only and no oral testimony shall be received;

(B) If an objection is made to the approval, disapproval or modification of the conditional release plan, the patient or the state has the right to request a hearing;

(C) On its own motion, the Board may require further information, testimony or the presence of the patient and therefore, set the matter for a statutory hearing.

(10) "Hospital Pass". A hospital pass refers to any time a person will be off hospital grounds for any length of time not accompanied by hospital staff.

(11) "State Hospital". State hospital means any state institution or facility operated by the State Mental Health and Developmental Disability Services Division.

(12) "Conditional Release". A grant by the court or Board for a patient to reside outside a state hospital in the community under conditions for monitoring and treatment of mental and physical health.

(13) "Quorum". The presence of at least three members of the Board constitutes a quorum.

Stat. Auth.: ORS 161.387
Stats. Implemented: ORS 161.295 - ORS 161.400
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1987, f. & ef. 2-4-87; PSRB 1-1995, f. & cert. ef. 1-11-95

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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