Oregon Administrative Code

859-060-0005 Issues At any hearing before the Board issues considered shall be limited to those relevant to the purposes of the hearing. Notice of intent to raise new issues shall be given to the Board in writing prior to the hearing. If new issues are raised, the Board may conti…

859-060-0010 Primary Concern: Protection of Society In determining whether a person should be committed to a state hospital, conditionally released or discharged, the Board shall have as its primary concern the protection of society. The Board shall not discharge a person whose q…

859-060-0015 Initial Hearing (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 …

859-060-0020 Revocation Hearing At a revocation hearing the Board shall consider whether the revocation was appropriate and whether the person can be continued on conditional release or should be committed to a state hospital designated by the Mental Health and Developmental Disa…

859-060-0025 Patient Request for Conditional Release (1) In a hearing before the Board on a person under the jurisdiction of the PSRB’s request for conditional release, the Board shall consider whether, although still affected by a qualifying mental disorder, the person can be ad…

859-060-0030 Patient Request for Discharge (1) In a hearing before the Board on a patient request for discharge, the Board shall determine whether the patient continues to be affected by a qualifying mental disorder and is a substantial danger to others: (a) If the Board finds th…

859-060-0035 Hospital Request for Conditional Release (1) At any time while a patient is committed to a state hospital designated by the Mental Health and Developmental Disability Services Division, the superintendent of the hospital or designee shall apply to the Board for condi…

859-060-0040 Hospital or Outpatient Supervisor Request for Discharge (1) At any time while a patient is committed to a state hospital designated by the Oregon Health Authority the superintendent of the hospital or designee shall apply to the Board for discharge if, in the opinion…

859-060-0045 Mandatory Two-Year, Five-Year Hearings 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 y…

859-060-0050 Status Hearing The Board may hold a hearing at any time to review the status of the patient to determine whether modification of a conditional release order is appropriate, whether a revocation is appropriate or any other change in status as allowed by law. Statutory…

859-070-0005 Court Conditional Release (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, inste…

859-070-0010 Board Order of Conditional Release In determining whether an order of conditional release is appropriate, the Board shall have as its goals the protection of the public, the best interests of justice, and the welfare of the individual. The Board may consider the test…

859-070-0015 Elements of Conditional Release Order The Board shall consider any or all of the following elements of a conditional release plan and determine which are appropriate and necessary to insure the safety of the public: (1) Housing: Housing must be available for the pati…

859-070-0020 Mental Health and Developmental Disability Services Division Responsibility to Prepare Plan (1) When the state hospital staff feels that a patient may be ready for conditional release, the staff may request that the Board order an evaluation for community placement. …

859-070-0025 Modification or Termination of Conditional Release Modification or termination of an order of conditional release may be proposed by the patient, supervising person, mental health facility or any other interested party, or by the staff or the Board on its own motion …

859-070-0030 Evaluation and Reports (1) All reports and evaluations received on the person’s fitness for conditional release, modification of conditional release or revocation, and monthly progress shall be made a part of the record. (2) All serious incidents must be communicated…

859-070-0035 Out-of-State Conditional Release Order The Board may consider and approve a conditional release plan to have the patient reside out of state. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.336 History: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

859-080-0005 Affidavit Recommending Revocation (1) Affidavit Recommending Revocation. Upon the recommendation of the staff of the Psychiatric Security Review Board and receipt of an affidavit based on noncompliance with an order of the Board or a change in the patient’s condition…

859-080-0010 Reasonable Grounds for Revocation Reasonable grounds for revocation of a conditional release include: (1) The person has violated terms of the conditional release plan; (2) The person’s mental health has changed; (3) The person has absconded from jurisdiction; (4) Th…

859-080-0015 Procedure for Revocation (1) After an order of revocation has been signed by a Board member, the written order is sufficient warrant for any law enforcement officer to take the patient into custody and transport the patient as directed by the order. A sheriff, munici…

859-090-0005 Reconsideration A party to the hearing may request reconsideration of a Board finding in writing or, on its own motion, the Board can reconsider the finding: (1) If an issue is appropriately raised, the matter shall be remanded to the Board for hearing on that issue.…

859-090-0010 Judicial Review (1) The Legislature has provided that a final Board order shall be subject to review by the Court of Appeals upon petition to the court within 60 days of the issuance of the order in accordance with ORS 161.385(8). (2) The Board shall provide the atto…

859-090-0015 Enforcement of Board Orders The Board may apply to the circuit court of the appropriate county for contempt proceedings under ORS 161.395(5) when its directive to an agency or person is not followed. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS …

859-100-0005 Compliance State or local mental health programs shall comply with any order of the Board. Statutory/Other Authority: ORS 137, 161, 192 & 428 Statutes/Other Implemented: ORS 161.336 & 161.346 History: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

859-100-0010 Custody of Person Who is a Substantial Danger to Others The Legislature has provided that the community mental health program director, the director of the facility providing treatment to a person on conditional release, any peace officer or any individual responsibl…

859-100-0015 Temporary Custody of Patient in State Hospital At any time, the Board may appoint a psychiatrist or licensed psychologist to examine the person and submit a report to the Board. In order to facilitate the examination, the person may be placed in the temporary custody…

859-100-0020 Mental Health and Developmental Disability Services Division Rules for Assignment and Treatment The Legislature has provided that the Mental Health and Developmental Disability Services Division shall promulgate rules for assignment of persons to state mental hospita…

859-100-0025 Discharge and Conditional Release Plans The Legislature has provided that the Mental Health and Developmental Disability Services Division is responsible for preparation of discharge or conditional release plans. Statutory/Other Authority: ORS 161.387 Statutes/Other …

859-100-0030 Leaves and Passes (1) Any overnight or out-of-town leave of absence or pass request for PSRB patients in a state hospital shall be signed by a physician and submitted to the PSRB on the Board’s pass request form no less than three days prior to the proposed pass or l…

859-100-0035 Emergency Move Exceptions (1) Nothing in Divisions 1 through 110 prohibits the Board, the community placement, and the Oregon Health Authority from entering into a mutually satisfactory agreement regarding the patient’s temporary placement in the community during an …

859-110-0010 Conditional Release and Discharge of Persons Placed Under the Board’s Jurisdiction for Crimes Committed On or After December 5, 1996 (1) Based on advice of the Attorney General, the Board interprets ORS 137.750 as having no effect on the Board’s statutory authority t…

859-200-0005 Background and Purpose of Extremely Dangerous Civil Commitment Program (1) The Extremely Dangerous Person with Qualifying Mental Disorder statute, enacted by Senate Bill 421 in 2013, establishes a distinct civil commitment process under ORS 426.701 and ORS 426.702 fo…

859-200-0010 Rules Applicability OAR 859-200-0005 through 859-200-0320 apply to a person who a court has civilly committed as an extremely dangerous person with a qualifying mental disorder under ORS 426.701 and who is placed under the jurisdiction of the Psychiatric Security Rev…

859-200-0015 Copies; Cost of Administrative Rules State employees may receive a printed copy of Oregon Administrative Rules on request at no cost. Any person not employed by the State of Oregon shall pay $0.25 per page for a printed copy of the Extremely Dangerous Civil Commitmen…

859-200-0020 Definitions (1) “Administrative hearing” means a meeting of the Board where a quorum is present and where the Board considers requests for conditional release, requests for community evaluations or modifications to a person's current conditional release plan. At thes…

859-200-0025 Board Responsibilities for Extremely Dangerous Person Civil Commitments The Board shall have as its primary concern the protection of society. In addition, the Board’s responsibilities shall include but not be limited to: (1) Conducting hearings, as required by law, …

859-200-0030 Jurisdictional Criteria (1) The Board has jurisdiction over persons committed by a circuit court as extremely dangerous persons with a qualifying mental disorder that is resistant to treatment and who continue to meet the jurisdictional criteria set forth under ORS 4…

859-200-0035 Administrative meetings Three concurring votes are needed to make any decision at an administrative meeting. Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421) Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421) History: PSRB 1-201…

859-200-0040 Public Meetings Law (1) All hearings and administrative meetings of the PSRB are open to the public in accordance with the Public Meetings Law; the deliberations of the Board are not open to the public. For the purposes of deliberations of the Board, the term “public…

859-200-0045 Records (1) A record shall be kept of all hearings conducted by the Board related to extremely dangerous persons with mental illness under its jurisdiction. The Board shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts n…

859-200-0046 Appearance at Hearings by Remote Means (1) Participation via telephone, other two-way electronic communication device, or simultaneous electronic transmission (collectively hereafter, “by remote means”) is permitted at PSRB Hearings. (a) All participants appearing by…

859-200-0050 Purpose of Hearings The Board conducts hearings for persons committed to its jurisdiction. For the Board to have jurisdiction over those persons, the Board must determine if jurisdictional criteria (see OAR 859-200-0030) exist. If, at the time of the hearing, the jur…

859-200-0055 Notice of Hearings; Administrative Reviews Written notice shall be given to the following persons or entities within a reasonable time prior to any hearing: (1) The person; (2) The person's attorney, if represented; (3) The office of the district attorney of the comm…

859-200-0060 Notification of state representation other than the District Attorney from the county of commitment (1) The Board presumes that the district attorney from the county of commitment will represent the State at all PSRB hearings. If another representative or agency is a…

859-200-0065 Information Contained in Notice of Hearing Written notice shall contain the following: (1) The nature of the hearing and possible outcomes; (2) The right to appear at the hearing and present evidence; (3) The right to be represented by legal counsel and, if the perso…

859-200-0070 Board Hearing Types and Issues (1) Initial Hearings (a) The Board shall conduct an initial hearing following each period of civil commitment ordered by a circuit court under ORS 426.701, no earlier than six (6) months after the commencement of the commitment period, …

859-200-0071 Discharge Recommendations from the State Hospital or Local Mental Health Facility (1) If the person had unadjudicated criminal charges at the time of the person’s initial commitment under this section and the state hospital or the state or local mental health facilit…

859-200-0072 Further Periods of Commitment (1) For each subsequent period of commitment, the Board shall hold an initial hearing six months after the expiration of the previous period of commitment. (2) A new order signed by the court in the commitment is required for the Board t…

859-200-0075 Chairperson Conducting Hearing During all hearings of the Board, the chairperson or acting chairperson shall preside. The chairperson shall designate the order of presentation and questioning. The chairperson shall also determine the scope of questioning and may set …

859-200-0080 Person's Right to Review Record; Exceptions Persons shall receive written notice of the hearing and directly, or through their attorney, a statement of their rights in accordance with ORS 426.701(6)(a). All exhibits to be considered by the Board shall be disclosed to…