Oregon Administrative Rules|Section 859-200-0070 - Types of Hearings/Certification Procedure

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(1) Initial 6-Month Hearings 
(a) The Board will hold a hearing within six months of a court ordering the civil commitment of an extremely dangerous person with mental illness.
 
(b) The Board will make a finding on the issue of whether or not the person meets jurisdictional criteria. If jurisdiction is not found, the person will be discharged. If jurisdiction is found, the Board will consider whether the person should remain at the hospital, whether the person is appropriate for conditional release, or if a community evaluation should be ordered.
 
(2) Revocation Hearings. 
(a) A revocation hearing will be held within thirty days of a person's return to the state hospital as a result of a PSRB Order of Revocation.
 
(b) At a revocation hearing the Board will consider whether the revocation was appropriate and decide whether the person can be continued on conditional release or should be committed to the state hospital. The Board may also consider a request for evaluation at a revocation hearing.
 
 
(3) Hospital Request for Conditional Release Hearings. At any time while an extremely dangerous person with mental illness is committed to the state hospital, the hospital may apply to the Board for conditional release if it is the hospital's opinion that the person continues to be affected by a mental disorder that is resistant to treatment that makes the person extremely dangerous but that the person can be controlled in the community with proper care, medication, supervision and treatment. The hospital request for the person's discharge should be accompanied by a hospital report prepared by a member of the person's treatment team setting forth the facts supporting the request, and a verified conditional release plan.
 
(4) Hospital Request for Discharge Hearings. At any time while an extremely dangerous person with mental illness is committed to the state hospital, the hospital may apply to the Board for the person's discharge if it is the hospital's position that the person no longer meets jurisdictional criteria. The hospital request for the person's discharge should be accompanied by a report setting forth the facts supporting the request.
 
(5) Outpatient Supervisor Request for Conditional Release Modification Hearings/Administrative Review 
(a) At any time during the person's conditional release, a PSRB case manager may request a status hearing to amend or modify the person's conditions of release. The request for the hearing should be accompanied by a proposed Summary of Conditional Release Plan that reflects the requested modifications.
 
(b) Modifications to a person's conditional release plan includes: adding conditions to the plan, removing conditions from the plan, and changing existing conditions in the plan.
 
(c) If there is no objection to the case manager's requested modifications, such requests for modifications may be handled by administrative review.
 
(d) At any time, if either the person or the State objects to requested conditional release plan modifications, the person or the State may request a full hearing regarding the requested modifications rather than having the modifications considered at an administrative review. 
 
(6) PSRB Case Manager Request for Discharge Hearings. At any time during the person's conditional release, the PSRB case manager may request a hearing for discharge if the treating physician or certified mental health examiner believes the person no longer suffers from a mental disorder that is resistant to treatment or is no longer extremely dangerous. The request for discharge of the person from the Board's jurisdiction should be accompanied by a report setting forth the facts and evidence upon which the request is based.
 
(7) Certification at end of commitment period. One hundred-twenty (120) days prior to the end of each commitment period, the Board will request that the Oregon State Hospital or local mental health facility providing treatment to a person on conditional release provide a written opinion on whether the person is still extremely dangerous and suffers from a mental disorder that is resistant to treatment. 
(a) The Board will provide the parties the treatment team's written opinion 90 days prior to the end of the commitment period.
 
(b) If the treatment team certifies that the person continues to meet jurisdictional criteria, the Board will ensure the certification is served on the person and forward the documentation to the court for recommitment.
 
(c) If the treatment team does not certify that the person continues to meet jurisdictional criteria, the Board will take one of the following actions when determining whether certification is appropriate: 
(A) If both parties stipulate to the treatment team's opinion that recommitment is not appropriate, take no further action; or
 
(B) At the request of the District Attorney in the original county of commitment and/or the District Attorney in the county where the person resides at the end of commitment, schedule a full hearing and take testimony regarding the issue of certification.
 
Or. Admin. R. 859-200-0070
PSRB 1-2014, f. & cert. ef. 3-5-14; PSRB 7-2016, f. & cert. ef. 3-17-16
Stat. Auth.: ORS 161.387(1), 426.701 & 426.702
 
Stats. Implemented: ORS 161.387(1) 426.701 & 426.702
This section was updated on 5/26/2016 by overlay.