Loading
The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

PSYCHIATRIC SECURITY REVIEW BOARD 

 

DIVISION 200

EXTREMELY DANGEROUS CIVIL COMMITMENT PROGRAM

859-200-0005

Background and Purpose of Extremely Dangerous Civil Commitment Program

(1) Oregon Laws 2013, Chapter 715 (SB 421) creates a new type of civil commitment where the person civilly committed is found by the court to be:

(a) Extremely dangerous:

(A) Because the person is at least 18 years old and is exhibiting symptoms or behaviors of a mental disorder substantially similar to those that preceded the act described in SB 421, section 2, (3)(a)(C)(2013); and

(B) Because of a mental disorder presents a serious danger to the safety of other persons by reason of an extreme risk that the person will inflict grave or potentially lethal physical injury on others; and

(C) Unless committed, will continue to represent an extreme risk to the safety of other persons in the foreseeable future.

(b) Suffers from a mental disorder that is resistant to treatment; and

(c) Because of the mental disorder that is resistant to treatment, the person committed one of the acts listed in SB 421, section 2, (3)(a)(C).

(2) Once committed, the court places the person under the PSRB for 24 months for supervision and monitoring while under the Board’s jurisdiction. At the end of the 24-month commitment period, the court may recommit the person for additional 24-month commitment periods until such time the person meets the criteria for discharge.

(3) During the period(s) of commitment, persons can be placed at OSH or on conditional release or discharged.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0010

Rules Applicability

OAR 859-200-0005 through 859-200-0300 apply to a person who a court has civilly committed as an extremely dangerous person with mental illness under ORS chapter 426 and who is placed under the jurisdiction of the Psychiatric Security Review Board (PSRB). No other PSRB administrative rules apply to the cases of those civilly committed and placed under the Board’s jurisdiction.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0015

Copies; Cost of Administrative Rules

State employees may receive a printed copy of Oregon Administrative Rules on request at no cost. Any person not employed by the State of Oregon shall pay $0.25 per page for a printed copy of the Extremely Dangerous Civil Commitments Program Administrative Rules. Oregon Administrative Rules are available electronically at no charge from the Oregon Secretary of State website or from the Psychiatric Security Review Board’s website.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0020

Definitions

(1) “Administrative review” means a meeting of the Board where a quorum is present and where the Board considers requests for conditional release, requests for community evaluations or modifications to a person's current conditional release plan. At these hearings, parties are not present and testimony is not taken.

(2) “Administrative meeting” means 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.

(3) “Community evaluation” is an assessment by a community mental health provider who determines if a person is appropriate for conditional release and if so, under what conditional release plan.

(4) “Commitment county" means the county in which the district attorney filed the initial petition. This is the same as the county in which the person is initially committed as an extremely dangerous person with mental illness under the jurisdiction of the Board.

(5) “Conditional release” means a grant by the court or by the Board for the person to reside outside the state hospital in the community under conditions for monitoring and treatment of the mental disorder resistant to treatment and the mental and physical health of the person.

(6) “Discharge” means that the person is no longer under the jurisdiction of the Board because any of the following occurs:

(a) The Board or Court determines, after a hearing, that the person no longer suffers from a mental disorder that is resistant to treatment or is no longer extremely dangerous; or

(b) The maximum 24-month period of commitment has expired, and the Board has not certified the person for continued treatment.

(7) “Extremely dangerous person with mental illness” or "person" refers to an extremely dangerous person with mental illness who is civilly committed to the jurisdiction of the Board by a court.

(8) "Hearing" means a hearing before the Board to consider any legal matter under its jurisdiction. The parties are provided with an opportunity to be heard, including the submission of evidence and the testimony of witnesses.

(9) “Mental disorder” means:

(a) 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 that is resistant to treatment.

(b) The term “mental disorder” does not include an abnormality manifested solely by repeated criminal or otherwise antisocial conduct. The term “mental disorder” does not include a disorder constituting solely a personality disorder and excludes a diagnosis of a developmental disability such 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.

(10) “Parties” includes the extremely dangerous person with mental illness and the State of Oregon.

(11) “Psychiatric Security Review Board (PSRB)" or "Board" refers to the Adult Panel of the PSRB.

(12) “Quorum” means the presence of at least three members of the Adult Panel of the Board.

(13) “Recommitment” means any consecutive civil commitment of the person as an extremely dangerous person with mental illness under ORS chapter 426 occurring after another commitment on these grounds.

(14) “Recommitment county” means the county in which state hospital or state or local mental health facility providing treatment to the person is located at the time of certification of the person by the Board.

(15) “SB 421” means Oregon Laws 2013, Chapter 715 (SB 421).

(16) "Supervising individual"; or " PSRB case manager" means the individual whom the Board has designated as supervising the person on conditional release and who is required to report to the Board regarding the person's status.

(17) “State hospital; hospital” means a state hospital operated by the Oregon Health Authority.

(18) “Victim” means the person or persons who have suffered financial, social, psychological or physical harm as a result of one of the acts articulated in SB 421 and for whom the extremely dangerous mentally ill person who is under the Board’s jurisdiction. Victims include, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the extremely dangerous mentally ill person be considered a victim.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0025

Responsibilities of the PSRB regarding Extremely Dangerous Persons with Mental Illness Civil Commitments

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 residential placement of persons under its jurisdiction;

(2) Overseeing the supervision of persons placed on conditional release in the community, including approving conditional release and modifying conditional release plans, as appropriate; and

(3) Facilitating the certification process at the end of the civil commitment period.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0030

Jurisdiction of Persons under the PSRB; Jurisdictional Criteria

(1) The Board has jurisdiction over persons committed by a court as extremely dangerous persons with mental illness and who continue to meet jurisdictional criteria.

(2) Jurisdictional criteria are the criteria necessary for a person to remain under the Board's jurisdiction and include the following:

(a) The person suffers from a mental disorder that is resistant to treatment; and

(b) The person continues to be extremely dangerous.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0035

Administrative meetings

Three concurring votes are needed to make any decision at an administrative meeting.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0040

Public Meetings Law

(1) All hearings and administrative meetings of the PSRB are open to the public in accordance with the Public Meetings Law; the deliberations of the Board are not open to the public. For the purposes of deliberations of the Board, the term “public” does not include employees of the PSRB.

(2) Administrative reviews consist of deliberations only and are therefore not open to the public.

Stat. Auth.: ORS 161.387, 192.690 & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387, 192.690 & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0045

Records

(1) A record shall be kept of all hearings conducted by the Board related to extremely dangerous persons with mental illness under its jurisdiction. The Board shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the Board.

(2) All PSRB hearings, except Panel deliberations, shall be recorded by manual and/or electronic means which can be transcribed. No other record of Panel hearings shall be made. All documents considered at hearings shall be included as exhibits and kept as part of the record. Any material to which an objection is sustained shall not be considered by the Panel. All objections, motions and rulings shall be noted on the record.

(3) Electronic recordings capable of being transcribed shall be kept by the Board for a minimum period of five years from the hearing date. Recordings shall be transcribed from the recording when an appeal is filed unless the Appeals Court authorizes submission of the hearing recording in lieu of a transcript. Once transcribed, the transcript may be substituted for the original record.

(4) Upon request by a party or a party's attorney, the copy of the electronic recording of the proceedings may be made available at a cost of $5.00. The Board’s Executive Director may waive this fee on a case-by-case basis.

(5) Electronic recordings of a hearing, exhibits, or other documents or other information related to the civil commitment of extremely dangerous persons with mental illness are subject to applicable state and federal confidentiality protections, including but not limited to ORS 192.501 through ORS 192.505.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

Hearings

859-200-0050

Purpose of Hearings

The Board conducts hearings for persons committed to its jurisdiction. For the Board to have jurisdiction over those persons, the Board must determine if jurisdictional criteria (see OAR 859-200-0030) exist. If, at the time of the hearing, the jurisdictional criteria are not proven by a preponderance of the evidence, the person must be discharged. If jurisdictional criteria exist at the time of the hearing, the Board then makes a determination about appropriate residential placement of the person based on the record as a whole.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0055

Notice of Hearings; Administrative Reviews

Written notice shall be given to the following persons or entities within a reasonable time prior to any hearing:

(1) The person;

(2) The person's attorney, if represented;

(3) The office of the district attorney of the committing county, or its designee;

(4) The community mental health provider or PSRB case manager, if the person is on conditional release or being proposed for conditional release;

(5) The victim, if the court or Board finds the victim requests notification;

(6) Hospital staff, if the person resides at an Oregon Health Authority hospital;

(7) The county mental health agency in the county where the person resides if the person is on conditional release; and

(8) The office of the district attorney of the county in which the person resides.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0060

Notification of state representation other than the District Attorney from the county of commitment

The Board presumes that the district attorney from the county of commitment will represent the State at all PSRB hearings. If another representative or agency is appointed or designated by the district attorney, such as an Assistant Attorney General or the district attorney in the county of current residence, the district attorney of the county of commitment shall notify the Board within 7 days of that appointment.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0065

Information Contained in Notice of Hearing

Written notice shall contain the following:

(1) The nature of the hearing and possible outcomes;

(2) The right to appear at the hearing and present evidence;

(3) The right to be represented by legal counsel and, if the person is without funds to retain legal counsel, the right to have the court appoint legal counsel;

(4) The right to subpoena witnesses

(5) The right to cross-examine witnesses who appear at the hearing; and

(6) The right to examine all reports, documents and information that the board considers, including the right to examine the reports, documents and information prior to the hearing if available.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0070

Types of Hearings

(1) Initial 6-Month Hearings

(a) The Board shall hold a hearing within six months of a court ordering the civil commitment of an extremely dangerous person with mental illness.

(b) The Board shall make a finding on the issue of whether or not the person meets jurisdictional criteria. If jurisdiction is not found, the person will be discharged. If jurisdiction is found, the Board shall consider whether the person should remain at the hospital, whether the person is appropriate for conditional release, or if a community evaluation should be ordered.

(2) Revocation Hearings.

(a) A revocation hearing will be held within thirty days of a person’s return to the state hospital as a result of a PSRB Order of Revocation.

(b) At a revocation hearing the Board shall consider whether the revocation was appropriate and decide whether the person can be continued on conditional release or should be committed to the state hospital. The Board may also consider a request for evaluation at a revocation hearing.

(3) Hospital Request for Conditional Release Hearings. At any time while an extremely dangerous person with mental illness is committed to the state hospital, the hospital may apply to the Board for conditional release if it is the hospital's opinion that the person continues to be affected by a mental disorder that is resistant to treatment that makes the person extremely dangerous but that the person can be controlled in the community with proper care, medication, supervision and treatment. The hospital request for the person’s discharge should be accompanied by a hospital report prepared by a member of the person's treatment team setting forth the facts supporting the request, and a verified conditional release plan.

(4) Hospital Request for Discharge Hearings. At any time while an extremely dangerous person with mental illness is committed to the state hospital, the hospital may apply to the Board for the person’s discharge if it is the hospital's position that the person no longer meets jurisdictional criteria. The hospital request for the person’s discharge should be accompanied by a report setting forth the facts supporting the request.

(5) Outpatient Supervisor Request for Conditional Release Modification Hearings/Administrative Review

(a) At any time during the person’s conditional release, a PSRB case manager may request a status hearing to amend or modify the person’s conditions of release. The request for the hearing should be accompanied by a proposed Summary of Conditional Release Plan that reflects the requested modifications.

(b) Modifications to a person's conditional release plan includes: adding conditions to the plan, removing conditions from the plan, and changing existing conditions in the plan.

(c) If there is no objection to the case manager's requested modifications, such requests for modifications may be handled by administrative review.

(d) At any time, if either the person or the State objects to requested conditional release plan modifications, the person or the State may request a full hearing regarding the requested modifications rather than having the modifications considered at an administrative review.

(6) PSRB Case Manager Request for Discharge Hearings. At any time during the person’s conditional release, the PSRB case manager may request a hearing for discharge if the treating physician or certified mental health examiner believes the person no longer suffers from a mental disorder that is resistant to treatment or is no longer extremely dangerous. The request for discharge of the person from the Board’s jurisdiction should be accompanied by a report setting forth the facts and evidence upon which the request is based.

(7) Certification Hearings

(a) The Board will hold a hearing on the status of an extremely dangerous person with mental illness within 60 days prior to the end of the 24-month commitment period in order to determine whether the Board will certify the person for recommitment.

(b) If the 24-month period of commitment expires and the Board does not certify the person for recommitment, the person must be discharged from the Board’s jurisdiction.

(c) In order to certify a person for recommitment, the Board must determine that:

(A) The person still suffers from a mental disorder that is resistant to treatment; and

(B) The person is still extremely dangerous.

(d) The Board’s notice of certification for recommitment must be served on the superintendent of the state hospital or director of the state or local health facility providing treatment to the person, who will provide the certification notice to the person.

(e) If the person protests further commitment within 14 days of service of the notice certification, then the recommitment court shall hold a hearing.

(f) If the person does not protest further commitment within 14 days of service of the certification, the Board shall notify the recommitment court so that an order for continued commitment may be issued.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0075

Chairperson Conducting Hearing

During all hearings of the Board, the chairperson or acting chairperson shall preside. The chairperson shall designate the order of presentation and questioning. The chairperson shall also determine the scope of questioning and may set time limits and cut off irrelevant questions and irrelevant or nonresponsive answers.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0080

Person's Right to Review Record; Exceptions

Persons shall receive written notice of the hearing and directly, or through their attorney, a statement of their rights in accordance with SB 421. All exhibits to be considered by the Board shall be disclosed to the person's attorney or the person, if proceeding pro se, as soon as they are available:

(1) Exhibits not available prior to the hearing shall be made available to the person's attorney or the person, if not represented, at the hearing.

(2) All material relevant and pertinent to the person and issues before the Board shall be made a part of the record.

(3) Any material not made part of the record shall be separated and a statement to that effect shall be placed in the record.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0085

Evidence Considered; Admissibility

The Board shall consider all evidence available to it which is material, relevant and reliable. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible, including, but not limited to, the following:

(1) The record of civil commitment;

(2) Information supplied by the state's attorney or any interested party, including the person. This may include police reports;

(3) Information concerning the person's mental condition;

(4) The entire psychiatric and criminal history of the person, including motor vehicle records;

(5) Psychiatric or psychological reports; or

(6) Testimony of witnesses.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0090

Motion Practice

(1) Prehearing motion practice. Any party bringing a motion before the Board shall submit the motion and memorandum of law to the Board and the opposing party 14 days prior to the hearing date in which the motion will be heard,

(2) During a Board hearing, either party may bring forth a motion to be ruled upon by the Board chairperson or his/her designee.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0095

Objections to Evidence

The chairperson or acting chairperson shall rule on questions of evidence. Hearsay evidence shall not be excluded unless the chairperson or acting chairperson determines the evidence is not material, relevant or reliable.

(1) In determining whether the evidence is material, relevant or reliable, the Board shall consider the following:

(a) The age and source of the documents;

(b) The ability of the witness to have observed and had personal knowledge of the incidents;

(c) The credibility of the witness and whether the witness has bias or interest in the matter.

(2) The person, the person's attorney or attorney representing the State may object to any evidence. The Board may decide the following:

(a) To sustain the objection and deny the admission and consideration of the evidence on the grounds that it is not material, relevant or reliable;

(b) To overrule the objection and admit the evidence and in considering the weight given to that evidence, consider the reason for the objection; or

(c) To grant a continuance for a reasonable period of time to allow a witness to appear or be subpoenaed to testify about the evidence under consideration.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0100

Testimony Given under Oath

The Board shall take testimony of a witness upon oath or affirmation of the witness administered by the chairperson or acting chairperson at the hearing. Victims who wish to give a victim impact statement at a hearing do not need to be sworn in.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0105

Standards and Burdens of Proof

(1) The standard of proof on all issues at all hearings of the Board under Division 200 shall be preponderance of the evidence.

(2) The State always has the burden of proof for all PSRB hearings and the State has the burden of going forward with the evidence.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0110

Continuance of Hearing

Upon the request of any party or on its own motion, the Board may, for good cause, continue a hearing for a reasonable period of time. When either party requests a continuance, it shall be in writing. The request should also include the other party’s position on the request for continuance.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0115

Waiver of Appearance at Hearings

(1) A person may waive appearance at an initial hearing or certification hearing. The Board will still hold the hearing in the person’s absence.

(2) A person may not waive appearance at a conditional release hearing. If a person refuses to attend a conditional release hearing, the Board will cancel the hearing and will not consider the conditional release.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0120

Use of Restraints

(1) The Board prefers to have patients appear at hearings without physical restraints. If, in the judgment of the person's physician, the patient might need restraining, the Board prefers to have staff attending the hearing with the patient rather than use of physical restraints. However, the final decision on use of restraints lies with the physician.

(2) Any attorney objecting to the patient appearing with restraints at the hearing may raise the issue and ask for testimony from the physician regarding the necessity for use of restraints.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0125

Quorum; Decisions; Board Member Conflicts

For any Board hearing:

(1) Three concurring votes (affirmative or negative) are required to make a Board decision.

(2) When three members cannot agree on the decision, the hearing may be continued for a reasonable time and the recording of the hearing and the exhibits shall be reviewed by the remaining member(s) and a decision by the majority of the members shall be the finding and order of the Board.

(3) If the attorney for the person objects to the remaining member's or members' review as set forth in section (2) of this rule, the Board may reschedule the matter for a hearing before the entire Board.

(4) If an objection for good cause is made to a specific member of the Board sitting on the panel considering a specific case, that member shall withdraw and, if necessary, the hearing shall be postponed and rescheduled.

(5) If an objection for good cause is made to a specific staff member of the Board being present during the panel’s deliberations in a specific case, and if the Board determines that good cause exists, that staff member shall not be present during deliberations in that case. The Board may, on its own motion, identify a Board member conflict with a case and exclude the Board member from considering any matter related to that case.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0130

Orders of the Board

(1) The Board shall provide a copy of any Board order to those persons listed in OAR 859-200-0055 within 30 days of the conclusion of the hearing or administrative review;

(2) The order of the Board shall be signed by a member of the panel present at the hearing or administrative review;

(3) At full hearings, the Board may issue its decision orally on the record at the hearing;

(4) At full hearings, the formal order of the Board shall contain the findings of fact, conclusions of law, reasons for the decision and notice of the right to appeal under ORS 426.135;

(5) All state, county and local mental health facilities providing treatment to the persons shall comply with Board orders.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0135

Notification of Right to Appeal

At the conclusion of a Board hearing, the chairperson or acting chairperson shall provide the person and attorney with written notification advising of the right to appeal on an adverse decision within 60 days from the date an order is signed.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0140

Patient Appearing Pro Se

(1) When a patient waives the right to be represented by an attorney, the Board may approve an individual’s appearance, pro se, after a record is established that the person is competent to represent himself/herself pro se.

(2) If the Board chair determines the person is not competent, the Board chair or his/her designee shall appoint an attorney to represent the person.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0145

Examination of Person

(1) The Board may appoint a psychiatrist or licensed psychologist to examine the person and submit a report to the Board, including an opinion about whether the person continues to meet jurisdictional criteria and whether the person could be adequately controlled on conditional release with proper care, medication, supervision and treatment. The Board may order the person placed in temporary custody of any state hospital or suitable facility for purposes of examination.

(2) The attorney representing the state may choose, at the state’s expense, a psychiatrist or psychologist to examine a person regarding the commitment proceedings.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0150

Victims

(1) The Board shall make reasonable efforts to notify victims identified in the commitment order of any of the following regarding the extremely dangerous person with mental illness:

(a) Any order;

(b) Hearings;

(b) Conditional release;

(c) Discharge; and

(d) Escape or absconsion of the extremely dangerous person with mental illness from a conditional release facility.

(2) Victims may request to be added to the notification list and provide updated contact information at any time by emailing PSRB staff: psrb@psrb.org. Staff will notify a victim of a person's escape or absconsion by telephone or email if requested by the victim.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

Conditional Release

859-200-0200

Court Conditional Release

(1) If a court orders the conditional release of a person it is called a court conditional release.

(2) The Board may review a Court Conditional Release Order at an administrative review. The possible results of the hearing are as follows:

(a) The Board may issue an order continuing the Court Order of Conditional Release;

(b) 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;

(c) The Board may issue an Order of Revocation in accordance with provisions set forth in the revocation rules subsequent hereto; or

(d) The Board may order the person to appear at a full hearing.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0205

Board Order for Evaluation for Conditional Release

(1) All community evaluations must be approved by the Board.

(2) At any time the state hospital may request a community evaluation for community placement of the person. Prior to any such request, hospital staff shall consult with the Board's Executive Director to discuss current bed vacancies. Unlike other civil commitments, the community mental health agency of the commitment county does not identify and approve conditional release placements. All community placements are approved by the Board and its Executive Director.

(3) The request for community placement should identify the community provider and should be accompanied by an updated VRA (Violence Risk Assessment), START (Short Term Assessment of Risk and Treatability), ISURF (Interdisciplinary Substance Use Review Form), Risk Review Hearing report that addresses conditional release planning privileges and an updated M.D. Progress Note Update.

(4) If a person is already on conditional release, the PSRB case manager may request that another community provider evaluate the person for possible transfer.

(3) The Board may then consider the request and issue an Order of Evaluation at an administrative review.

(4) Once the Order for Evaluation is signed, PSRB staff will send an exhibit file to the community provider conducting the evaluation; and

(5) The community evaluation report shall be completed within 30 days of the community evaluation interview; and

(6) The community evaluation shall be completed and submitted to the Board within 45 days of receipt of the signed Order for Evaluation.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0210

Responsibility to Prepare a Summary of Conditional Release Plan

(1) When the hospital determines that a person may be ready for conditional release, the hospital staff and the community provider will jointly prepare the conditional release plan and submit it to the Board.

(2) When a person is already on conditional release and there is a request to transfer the person, the receiving PSRB case manager shall prepare and submit the conditional release plan.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0215

Basis for a Finding of Conditional Release

(1) 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 person's behavior in the hospital including the person's progress, insight and responsibility taken for the person's own behavior.

(2) 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.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0220

Elements of the 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 ensure the safety of the public:

(1) Housing: Housing must be available for the person. The Board may require any type of housing it deems appropriate.

(2) Mental health treatment: Mental health treatment must be available in the community. 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 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 (PSRB Case Manger): 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;

(b) Notify the Board promptly of any grounds for revocation;

(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 upon recommendation by the individual having primary reporting responsibility and/or recommendation by the parties.

(5) Agreement to conditional release: The person 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.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0225

Modification or Termination of Conditional Release

(1) Modification or termination of an Order of Conditional Release may be proposed by the state hospital or state or local facility providing treatment to the person, PSRB case manager or his/her designee, a party, or by the Board on its own motion upon a review of the status of the person.

(2) Modifications that add conditions to the current Board order can be made by the PSRB case manager, if necessary, to adequately treat and control the person. The Board shall be notified of modifications that add conditions to the current Board order within one business day of those conditions being imposed on the person so that a modification order can be issued.

(3) The case manager or supervising person does not have the authority to lessen the conditions of release without Board approval.

(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 a Board full hearing.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0230

Conditional Release 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 in the hearing.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0235

Monthly Reporting

The person designated by the Board as having primary reporting responsibility shall submit monthly progress reports no later than the 10th day of the month for the previous month’s progress. These reports shall be submitted on the form provided by and prepared by Board staff.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

Revocation of Conditional Release

859-200-0300

Reasonable Grounds for Revocation

If at any time while a person is conditionally released it appears that hospitalization is required, the Board may order the person returned to the state hospital for evaluation or treatment. The Board will explore all available treatment and supervision options in the community prior to ordering revocation. Reasonable grounds for revocation of a conditional release include:

(1) The person has violated terms of the conditional release plan or is noncompliant with the conditional release plan;

(2) The person's mental health has changed and the person can no longer be managed in the community setting;

(3) The person has absconded from jurisdiction or placement; or

(4) The community resources required by the Conditional Release Order are no longer available.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0305

Order of Revocation; Emergency Order of Revocation; After Hours Revocation Process

(1) Upon the recommendation of the staff of the Psychiatric Security Review Board and receipt of an affidavit recommending revocation based on noncompliance with an order of the Board or a change in the person's conditions of release or mental status, a Board member may order the person returned to a state hospital for evaluation and treatment through an Order of Revocation.

(2) When a Board member is not available and time is of the essence, the executive director of the Psychiatric Security Review Board may issue and execute an emergency Order of Revocation subject to review by a Board member within 72 hours of the execution of the signed order.

(3) If the Board is unavailable to consider a revocation request, the community mental health program director, the director of the facility providing treatment to a person on conditional release, any peace officer, or any individual responsible for the supervision of the person on conditional release may take or request that a person on conditional release be taken into custody if there is reasonable cause to believe the person is an extremely dangerous person with mental illness and presents a serious danger to others because of a mental disorder that is resistant to treatment and the person is in need of immediate care, custody or treatment. The person shall be transferred to the state hospital.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0310

Procedure for Transporting a Revoked Person

(1) After an Order of Revocation has been signed by a Board member or the Board Executive Director, the written order is sufficient warrant for any law enforcement officer to take the person into custody and transport the person as directed by the order. The written order is not required to be provided to the law enforcement officer taking the person into custody. In the alternative, a LEDS communication by Board staff is sufficient warrant for a law enforcement officer to return the person to the state hospital. The person shall be returned to the state hospital as soon as practicable.

(2) A sheriff, municipal police officer, constable, parole or probation officer, prison official or other peace officer shall execute the order.

Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Hist.: PSRB 1-2014, f. & cert. ef. 3-5-14

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

© 2013 State of Oregon All Rights Reserved​