Oregon Administrative Rules
Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD
Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES
Section 859-050-0055 - Burdens
Universal Citation: OR Admin Rules 859-050-0055
Current through Register Vol. 63, No. 3, March 1, 2024
(1) The standard of proof on all issues at hearings of the Board will be the preponderance of the evidence.
(2) The party with the burden of proof will also have the burden of going forward with the evidence (call and examine witnesses, propose conditions of release, etc.).
(3) The burden of proof will depend on the type of hearing, as follows:
(a) Initial
90-day hearing under ORS
161.341(6)(a):
The state has the burden to show the person continues to be affected by a
mental disease or defect and continues to be a substantial danger to
others.
(b) Initial review hearing
under ORS
161.327(10):
The state has the burden of proving that the current court conditional release,
modification of conditional release, or a proposed plan is
appropriate.
(c) Revocation hearing
under ORS
161.336(4)(c):
The state has the burden to show that the revocation of conditional release was
appropriate and that jurisdiction of the Board should continue.
(d) Conditionally released outpatient's
request for modification of a conditional release or discharge under ORS
161.336(5)(a):
The patient has the burden of proving his or her fitness for modification of a
conditional release or discharge.
(e) Hospital patient's request for
conditional release or discharge under ORS
161.341(3):
The person has the burden of proving his or her fitness for conditional release
or discharge unless it has been more than 2 years since the State had the
burden of proof in which case the burden is on the State.
(f) Request for conditional release or
discharge of the patient by the State Hospital under ORS
161.341(1):
the state must prove the person is not appropriate for conditional release or
discharge.
(g) Request for
conditional release or discharge of the outpatient by an outpatient supervisor
under ORS
161.336(5)(b):
the State has the burden.
(h) At a
status review hearing (5 year hearing) under ORS
161.336(6):
The state has the burden of proving that the current conditional release,
modification of conditional release, or a proposed plan is
appropriate.
(i) If at any hearing
the hospital staff agrees with the patient on the issue of mental disease or
defect, dangerousness or fitness for conditional release but no advance notice
is given to the Board that the hospital requests discharge or conditional
release, the burden of proof remains with the patient.
(j) The testimony of hospital staff will be
considered as evidence to assist the Board in deciding whether the patient has
met his/her burden.
Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.336, ORS 161.341, ORS 161.346 & ORS 161.327
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