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

 

DIVISION 70

CONDITIONAL RELEASE OF ADULTS

859-070-0005

Court Conditional Release

If the court finds the person presents a substantial danger to others but may be adequately controlled with supervision and treatment if conditionally released, and that necessary supervision and treatment are available, the court, instead of ordering the person committed to a state hospital, may order the person conditionally released, subject to supervisory orders of the court, and may further order that the person or agency assuming supervision report in writing no less than once per month to the Board concerning the person's compliance with the condition of release:

(1) The Board shall review each court conditional release file at an administrative hearing. The Board may issue an order continuing the court order of conditional release when all the elements of the conditional release plan are in accordance with procedures set forth in Division 070.

(2) The Board may issue a modification of the court order of conditional release when, upon review, elements of the plan have changed, have not been set out in sufficient detail or additional conditions are needed.

(3) The Board may issue an order of revocation in accordance with provisions set forth in Division 080.

(4) The Board may order the person to appear at a status hearing.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.327
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

859-070-0010

Board Order of Conditional Release

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 individual. The Board may consider the testimony and exhibits at the hearing regarding the patient's behavior in the hospital including the patient's progress, insight and responsibility taken for the patient's own behavior:

(1) If the Board finds the person may be controlled in the community and a verified conditional release plan is approved by the Board, the Board may order the person placed on conditional release. If a person has a DOC detainer, the Board may order conditional release to that agency if the Board finds that the patient no longer needs a hospital level of care and that the patient could be adequately controlled and treated and the supervision and treatment necessary are available in that DOC setting.

(2) If the Board finds the person could be controlled in the community or DOC but no conditional release plan has been approved by the Board, the Board may order the person committed but find the person appropriate for conditional release pending submission of a conditional release plan signed by either a mental health community provider or DOC. The Board may 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 a verified conditional release plan has not been approved and the conditions need further examination and approval of the Board, the Board may commit the patient, find the patient appropriate for conditional release or continue the hearing.

Stat. Auth.: ORS 161.387
Stats. Implemented: ORS 161.336 & 161.646
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95; PSRB 1-2013(Temp), f. 2-22-13, cert. ef. 3-1-13 thru 8-26-13; PSRB 2-2013, f. & cert. ef. 6-20-13

859-070-0015

Elements of Conditional Release Order

The Board shall consider any or all of the following elements of a conditional release plan and determine which are appropriate and necessary to insure the safety of the public:

(1) Housing: Housing must be available for the patient. The Board may require 24-hour supervised housing, a supervised group home, foster care, housing with relatives or independent housing.

(2) Mental health treatment: Mental health treatment must be available in the community or at DOC. The Board-approved provider of the treatment must have had an opportunity to evaluate the patient and the proposed conditional release plan and to be heard before the Board. The Board shall not require an evaluation be performed by DOC staff prior to consideration of conditional release due to the nature of that state agency, its security and its resources for the provision of mental health services. The provider must have agreed to provide the necessary mental health treatment to the patient. The treatment may include: individual counseling, group counseling, home visits, prescription of medication or any other treatment recommended by the provider(s) and approved by the Board.

(3) Reporting responsibility: An individual must be available to be designated by the Board as having primary reporting responsibility and must have agreed to:

(a) Notify the Board in writing of the patient's progress at least once a month unless the patient is housed at DOC in which case progress reports will be submitted upon request of the Board;

(b) Notify the Board promptly of any grounds for revocation under OAR 859-080-0010;

(c) Notify the Board promptly of any significant changes in the implementation of the conditional release plan;

(d) Coordinate and monitor all elements of the conditional release plan.

(4) Special conditions: Special conditions may be imposed, including, but not limited to, the following: no consumption of alcohol, taking of antabuse, observation by designated individual of each ingestion of medication, submitting to drug screen tests, no driving, vocational activities, day treatment, attending school, working, or sex offender assessment and treatment.

(5) Parole and probation: Parole and probation supervision may be ordered.

(6) Agreement to conditional release: Patients shall agree to and sign a form promising to comply with the general conditions of release. This signed form shall be made a part of the conditional release plan. The conditions shall include notice that if the person leaves the state without authorization of the Board, the person may be charged with a new crime of escape. This subsection does not apply to a patient who is conditionally released to DOC.

Stat. Auth.: ORS 161.387
Stats. Implemented: ORS 161.336 & 161.646
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95; PSRB 1-2013(Temp), f. 2-22-13, cert. ef. 3-1-13 thru 8-26-13; PSRB 2-2013, f. & cert. ef. 6-20-13

859-070-0020

Mental Health and Developmental Disability Services Division Responsibility to Prepare Plan

(1) When the state hospital staff feels that a patient may be ready for conditional release, the staff may request that the Board order an evaluation for community placement.

(2) The Mental Health and Developmental Disability Services Division is responsible for and shall prepare the conditional release plan. In order to carry out the conditional release plan, the Mental Health and Developmental Disability Services Division 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.

Stat. Auth.: ORS 161.387
Stats. Implemented: ORS 161.336 & ORS 161.390
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95

859-070-0025

Modification or Termination of Conditional Release

Modification or termination of an order of conditional release may be proposed by the patient, supervising person, mental health facility or any other interested party, or by the staff or the Board on its own motion upon a review of the status of the patient:

(1) Modifications of conditional release may be considered by the Board at any time.

(2) As an alternative to termination of conditional release, a patient may return voluntarily to a state hospital.

(3) Termination of conditional release may be effected by preparation of a revocation order in accordance with procedures set forth in Division 80.

(4) The individual designated as having primary reporting responsibility shall provide the Board with a written summary of the person's progress, recommendations on future action to be taken and, if possible, shall be present to testify on these issues at the Board hearing.

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

859-070-0030

Evaluation and Reports

All reports and evaluations received on the person's fitness for conditional release, modification of conditional release or termination, and monthly progress shall be made a part of the record.

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

859-070-0035

Out-of-State Conditional Release Order

The Board may consider and approve a conditional release plan to have the patient reside out of state.

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

859-070-0040

PSRB Conditional Release Plan Review of Tier Two Offenders

(1) As used in this section, “Condition” is defined as an event or circumstance that should occur or action that the individual should take for the individual to be eligible for release from the Oregon State Hospital. Conditions may include, but are not limited to, the elements of conditional release listed in 859-070-0015(1) through (6), such as an individual’s compliance with supervision, mental health treatment, or a particular level of residential placement.

(2) Upon receipt of notice from the State Hospital Review Panel (SHRP) that it intends to conduct a hearing under ORS 161.315 to 161.351 and the documents listed in (3)(a) through (e) of this rule, the Board shall conduct an administrative review of the conditions proposed in the summary of conditional release plan. After that review, the Board may provide SHRP with conditions of release to be included in SHRP’s order of conditional release.

(3) The Board shall conduct the administrative review of the Tier Two offender’s conditional release plan within 21 days of receiving all of the following documents from SHRP:

(a) SHRP’s order for evaluation of possible conditional release of a Tier Two offender;

(b) The Tier Two offender’s current updated SHRP exhibit file;

(c) The evaluation by the proposed community provider;

(d) A summary of conditional release plan form which outlines the proposed conditions; and

(e) A Progress Note Update authored by the treating psychiatrist dated within 30 days of the signed summary of the conditional release plan form.

(4) Notwithstanding the 21-day timeframe defined in section (3) of this rule, the Board may postpone the administrative review of the offender’s conditional release plan for good cause, including, but not limited to, delays in placement availability and need for updated information.

(5) The administrative review conducted by the Board under this rule is not a hearing.

(6) The sole issue in the Board’s administrative review is whether the Board would eliminate, add to, or modify the proposed conditions for the Tier Two offender.

(7) The PSRB shall provide to SHRP a report of its review of the proposed conditions for the Tier Two offender including any conditions that the Board determines are advisable within two working days of the conclusion of that review. Conditions are “advisable” if those are the conditions that the Board would impose if SHRP orders the conditional release of the Tier Two offender and transfer of jurisdiction to the Board.

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 1-2012(Temp), f. & cert. ef. 2-3-12 thru 7-31-12; PSRB 2-2012, f. & cert. ef. 4-16-12

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