Current through Register Vol. 63, No. 3, March 1, 2024
(1) 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:
(a) At an initial hearing, the Board shall
make a finding on the issue of presence of qualifying mental disorder and
dangerousness and may base it on the court's findings and any additional
information received.
(b) If the
Board finds at its initial hearing that the person is affected by a qualifying
mental disorder, 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 Oregon Health Authority for
custody, care, and treatment.
(c)
If the Board finds the person is still affected by a qualifying mental disorder
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 70.
(d) If the
Board makes a finding that the person is no longer affected by a qualifying
mental disorder or is no longer a substantial danger to others, the Board shall
order the discharge of the person from jurisdiction.
(2) After being placed under the jurisdiction
of the Board and conditionally released by the court, the person shall have an
initial review hearing before the Board to determine whether the person should
be committed to a state hospital, continued on conditional release, or
discharged.
(a) If the Board finds at its
initial review hearing that the person is affected by a qualifying mental
disorder, presents a substantial danger to others and is not a proper subject
for conditional release, the Board shall order the person committed to a state
hospital designated by the Oregon Health Authority for custody, care and
treatment.
(b) If the Board finds
the person is still affected by a qualifying mental disorder and is a
substantial danger to others but can be adequately controlled with treatment
and supervision, the Board shall find the person appropriate for continued
conditional release.
(c) 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.
(d) If the Board makes a finding that the
person is no longer affected by a qualifying mental disorder or is no longer a
substantial danger to others, the Board shall order the discharge of the person
from jurisdiction.
Statutory/Other Authority: ORS
161.387
Statutes/Other Implemented: ORS
161.336,
ORS
161.341,
ORS
161.346
& ORS
161.327
