Current through Register Vol. 63, No. 3, March 1, 2024
(1) Initial 6-Month Hearings
(a) The Board will hold a hearing no less
than six months after a court ordering the civil commitment of an extremely
dangerous person with mental illness.
(b) The Board will 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 will 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 will 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 monitor 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 PSRB case
monitor'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 Monitor
Request for Discharge Hearings. At any time during the person's conditional
release, the PSRB case monitor 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 at end of commitment
period. One hundred-twenty (120) days prior to the end of each commitment
period, the Board will request that the Oregon State Hospital or local mental
health facility providing treatment to a person on conditional release provide
a written opinion on whether the person is still extremely dangerous and
suffers from a mental disorder that is resistant to treatment. The treatment
team has 20 days from the Board's request to complete the evaluation and
provide the written opinion.
(a) The Board
will provide the parties the treatment team's written opinion 90 days prior to
the end of the commitment period.
(b) If the treatment team opines that the
person continues to meet jurisdictional criteria, the Board will review the
matter administratively and determine whether to certify the person for a
further period of commitment.
(c)
If the treatment team does not opine that the person continues to meet
jurisdictional criteria, the Board will take one of the following actions when
determining whether certification is appropriate:
(A) If both parties stipulate to the
treatment team's opinion that recommitment is not appropriate, take no further
action; or
(B) At the request of
the District Attorney in the commitment county, schedule a full hearing and
take testimony regarding the issue of certification.
(d) The Board retains the ultimate
decision-making authority as to whether or not to certify the person for a
further period of commitment.
(A) In a case
where the treatment team recommends, and the Board decides not to certify the
person for a further period of commitment, the PSRB will notify the parties
without unreasonable delay.
(B) A
person who is not certified for another period of commitment will nonetheless
complete their current period of commitment.
(e) Following the outcome of an
administrative or full hearing on the issue of certification, the Board will
write a final certification order and the certification shall be served upon
the person without unreasonable delay by the superintendent of the state
hospital or the director of the state or local mental health facility providing
treatment to the person.
(A) The person
serving the certification shall read and deliver the certification to the
person and ask whether the person protests a further period of
commitment.
(B) Within 14 days, the
person may protest a further period of commitment and request a hearing either
orally or by signing the Board's protest form to be given to the superintendent
or director who served the certification. The person has the right to consult
with legal counsel when deciding whether to protest the further
commitment.
(C) The superintendent
or director who served the certification and protest form shall immediately
submit the signed protest form to the Board.
(f) If the person protests a further period
of commitment:
(A) Upon receiving the signed
protest form that the person protests a further period of commitment, the Board
shall send the certification and signed protest form to the court in the
original commitment county.
(B)
Upon receiving the certification and signed protest form indicating the person
protests a further period of commitment, the court in the original commitment
county shall follow the provisions set forth in ORS
426.702(5)
through ORS
426.702(6).
(g) If the person does not protest a further
period of commitment:
(A) Upon receiving the
certification and signed protest form indicating the person does not protest a
further period of commitment, the Board shall send the certification and signed
protest form to the court in the original commitment
county.
Statutory/Other Authority: ORS
161.387
& ORS
426.701
Statutes/Other Implemented: ORS
161.387,
ORS
426.701
& ORS
426.702
