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

 

DIVISION 30

RESPONSIBILITIES OF THE
ADULT PSYCHIATRIC SECURITY REVIEW BOARD

859-030-0005

Responsibilities, Function and Purpose of PSRB

The Board shall monitor the mental and physical health and treatment of any person placed under its jurisdiction as a result of a finding by a court of guilty except for insanity or any subsequent transfer of jurisdiction of an individual from the Oregon Health Authority. The Board shall have as its primary concern the protection of society. In addition, the Board's responsibilities shall include but not be limited to:

(1) Holding hearings as required by law to determine the appropriate status of persons under its jurisdiction;

(2) Providing the State Hospital Review Panel with conditions of release the Board finds advisable to be included in the Panel’s order of conditional release of a Tier Two Offender;

(3) Overseeing the supervision of persons placed on conditional release in the community;

(4) Modifying or terminating conditional release plans;

(5) Maintaining and keeping current medical, social and criminal histories of all persons under the Board's jurisdiction;

(6) Observing the confidentiality of records as required by law.

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)
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95; PSRB 1-2012(Temp), f. & cert. ef. 2-3-12 thru 7-31-12; PSRB 2-2012, f. & cert. ef. 4-16-12

859-030-0010

Jurisdiction of Persons Under the PSRB

The Board shall take jurisdiction over persons adjudged by the court to be guilty except for insanity and presenting a substantial danger to others:

(1) The court must find that the person would have been guilty of a felony, or if adjudged guilty except for insanity prior to January 1, 2012 of a misdemeanor during a criminal episode in the course of which the person caused physical injury or risk of physical injury to another.

(2) The period of jurisdiction of the Board shall be equal to the maximum sentence the court finds the person could have received had the person been found guilty. The Board does not consider time spent on unauthorized leave from the custody of the Oregon Health Authority as part of the jurisdictional time.

(3) The Board has jurisdiction over all persons who used the insanity defense successfully and were placed on conditional release or committed to a state mental hospital by the court prior to January 1, 1978. The period of jurisdiction in these cases shall be equal to the maximum sentence the person could have received if found guilty and shall be measured from the date of judgment.

(4) The Board shall maintain jurisdiction over persons who are legally placed under its jurisdiction by any court of the State of Oregon or transferred from the jurisdiction of the Oregon Health Authority.

(5) The Board shall not retain jurisdiction over persons if the court order places the person under the Board only because of a judgment of guilty except for insanity for a probation violation. The person must be placed under the Board's jurisdiction for the initial offense.

(6) The Board shall not accept jurisdiction of juveniles found guilty except for insanity unless remanded to adult court.

(7) Upon receipt of verified information of time spent in custody, persons placed under the Board's jurisdiction shall receive credit for:

(a) Time spent in any correctional facility for the offense for which the person was placed under the Board's jurisdiction; and

(b) Time spent in custody of the Oregon Health Authority at a state mental hospital for determination of the defendant's fitness to proceed or for treatment until fit to proceed under a detainer for the criminal charges for which the person ultimately was found guilty except for insanity as well as a result of being committed by a court after being found guilty except for insanity of a charge.

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)
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 2-1987, f. 9-30-87, ef. 10-1-87; PSRB 1-1995, f. & cert. ef. 1-11-95; PSRB 1-2012(Temp), f. & cert. ef. 2-3-12 thru 7-31-12; PSRB 2-2012, f. & cert. ef. 4-16-12

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

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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