Oregon Administrative Rules
Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD
Division 70 - CONDITIONAL RELEASE OF ADULTS
Section 859-070-0005 - Court Conditional Release

Universal Citation: OR Admin Rules 859-070-0005

Current through Register Vol. 63, No. 3, March 1, 2024

(1) If the court finds the person presents a substantial danger to others but may be adequately controlled with supervision and treatment if conditionally released, and that necessary supervision and treatment are available, the court, instead of ordering the person committed to a state hospital, may order the person conditionally released.

(2) To make the finding above, the court must:

(a) Order a consultation to the local mental health program designated by the Board to determine whether the necessary supervision and treatment for the person are available in the community and appropriate for the person.
(A) A consultation must be ordered by the court when the person's most serious offense in the charging instrument is a Class C felony.

(B) A consultation may be ordered by the court when the person's most serious offense in the charging instrument is a Class A or Class B felony.

(b) Order a community evaluation if the local mental health program determines through the consultation that the necessary supervision and treatment for the person are available in the community and appropriate for the person.

(3) All orders conditionally releasing a person must include:

(a) The agency designated by the Board to supervise the person upon release;

(b) The address where the person shall reside; and

(c) Those conditions as outlined on the Summary of Conditional Release Plan template available on the PSRB's website, including, but not limited to mandated treatment type and frequency and other special conditions that the court finds are in the best interests of justice, the protection of society and the welfare of the person.

(4) The court must notify the Board within one judicial day of a conditional release order and provide to the Board an electronic copy of the conditional release order.

(5) The Board shall hold an initial review hearing within 90 days from the date an individual is ordered to be placed on a court conditional release. The Board may issue an order continuing the court order of conditional release when all the elements of the conditional release plan are in accordance with procedures set forth in Division 70.

(6) 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.

(7) The Board may issue an order of revocation in accordance with provisions set forth in Division 80.

Statutory/Other Authority: ORS 161.387

Statutes/Other Implemented: ORS 161.327

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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