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

 

DIVISION 60

PRINCIPAL ISSUES BEFORE THE
ADULT PSYCHIATRIC SECURITY REVIEW BOARD

859-060-0005

Issues

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
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95

 

859-060-0010

Primary Concern: Protection of Society

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 mental disease or defect may, with reasonable medical probability, occasionally become active, and when active, render the person a danger to others.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.336, ORS 161.341, ORS 161.346 & ORS 161.351
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

 

859-060-0015

Initial Hearing

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:

(1) At an initial hearing, the Board shall make a finding on the issue of presence of mental disease or defect and dangerousness and may base it on the court's findings and any additional information received.

(2) If the Board finds at its initial hearing that the person is affected by a mental disease or defect, 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 Mental Health and Developmental Disability Services Division for custody, care and treatment.

(3) If the Board finds the person is still affected by a mental disease or defect 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 070.

(4) If the Board makes a finding that the person is no longer affected by a mental disease or defect or is no longer a substantial danger to others, the Board shall order the discharge of the person from jurisdiction.

Stat. Auth.: ORS 161.387
Stats. Implemented: ORS 161.336, ORS 161.341 & ORS 161.346
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95

 

859-060-0020

Revocation Hearing

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 mental disease or defect 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 070.

(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.

Stat. Auth.: ORS 161.387
Stats. Implemented: ORS 161.336
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95

 

859-060-0025

Patient Request for Conditional Release

In a hearing before the Board on a patient request for conditional release, the Board shall consider whether, although still affected by mental disease or defect, the patient 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 070.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.341
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

 

859-060-0030

Patient Request for Discharge

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 mental disease or defect and is a substantial danger to others:

(1) If the Board finds the person is no longer affected by mental disease or defect or if so affected, no longer presents a substantial danger to others, the person shall be discharged.

(2) 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.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.341
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

 

859-060-0035

Hospital Request for Conditional Release

(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 mental disease or defect and continues to be a danger to others but can be controlled in the community with proper care, medication, supervision and treatment.

(2) The application shall be accompanied by an updated report setting forth facts supporting the hospital staff's opinion and a plan for treatment and supervision in the community which includes observations and facts which support staff recommendations.

Stat. Auth.: ORS 161.387
Stats. Implemented: ORS 161.341
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95

 

859-060-0040

Hospital or Outpatient Supervisor Request for Discharge

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, or while a patient is on conditional release, the outpatient supervisor, shall apply to the Board for discharge if, in the opinion of the hospital physician or outpatient supervisor, the person is no longer affected by mental disease or defect or, if so affected, the person no longer presents a substantial danger to others. The application shall be accompanied by a report setting forth the facts supporting the opinion.

Stat. Auth.: ORS 161.387
Stats. Implemented: ORS 161.341
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95

 

859-060-0045

Mandatory Two-Year, Five-Year Hearings

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 mental disease or defect, whether the person presents a substantial danger to others, and if the person is affected by mental disease or defect and is a substantial danger to others, whether the person could be adequately controlled if conditionally released.

(2) Five-year hearing. Any person who has been under the jurisdiction of the Board and who has resided in the community on conditional release status for five years shall be brought before the Board for a hearing within 30 days of the expiration of the five-year period:

(a) The hearing shall be set as close to the five-year date as possible and shall be combined with any other scheduled hearing for the person;

(b) The Board shall consider whether the person continues to be affected by mental disease or defect, whether the person presents a substantial danger to others, and if the person is affected by mental disease or defect and is a substantial danger to others, whether the person shall be continued on conditional release.

Stat. Auth.: ORS 161.387
Stats. Implemented: ORS 161.341 & ORS 161.351
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1990, f. & cert. ef. 1-16-90; PSRB 1-1995, f. & cert. ef. 1-11-95

 

859-060-0050

Status Hearing

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
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

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