Oregon Administrative Rules
Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD
Division 60 - PRINCIPAL ISSUES BEFORE THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD
Section 859-060-0045 - Mandatory Two-Year, Five-Year Hearings
Universal Citation: OR Admin Rules 859-060-0045
Current through Register Vol. 63, No. 3, March 1, 2024
The Board shall have periodic mandatory hearings for all patients:
(1) Two-year hearing:
(a) In no case shall a person be committed
and held in a state hospital under the Board's jurisdiction for a period of
time exceeding two years without a hearing before the Board to determine
whether the person should be conditionally released or discharged;
(b) The Board shall consider whether the
person continues to be affected by a qualifying mental disorder, whether the
person presents a substantial danger to others, and if the person is affected
by a qualifying mental disorder and is a substantial danger to others, whether
the person could be adequately controlled if conditionally released.
(2) Five-year hearing. Any person who has been under the jurisdiction of the Board and who has resided in the community on conditional release status for five years shall be brought before the Board for a hearing within 30 days of the expiration of the five-year period:
(a) The hearing shall be set
as close to the five-year date as possible and shall be combined with any other
scheduled hearing for the person;
(b) The Board shall consider whether the
person continues to be affected by a qualifying mental disorder, whether the
person presents a substantial danger to others, and if the person is affected
by a qualifying mental disorder and is a substantial danger to others, whether
the person shall be continued on conditional release.
(3) A jurisdictional report is required to schedule these hearing types.
Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.341 & ORS 161.351
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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