Or. Admin. Code § 859-200-0070

Current through Register Vol. 63, No. 12, December 1, 2024

Section 859-200-0070 - Types of Hearings/Certification Procedure

(1) Initial 6-Month Hearings

(a) The Board will hold a hearing no less than six months after 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 monitor 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 PSRB case monitor'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 Monitor Request for Discharge Hearings. At any time during the person's conditional release, the PSRB case monitor 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. The treatment team has 20 days from the Board's request to complete the evaluation and provide the written opinion.

(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 opines that the person continues to meet jurisdictional criteria, the Board will review the matter administratively and determine whether to certify the person for a further period of commitment.

(c) If the treatment team does not opine 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 commitment county, schedule a full hearing and take testimony regarding the issue of certification.

(d) The Board retains the ultimate decision-making authority as to whether or not to certify the person for a further period of commitment.

(A) In a case where the treatment team recommends, and the Board decides not to certify the person for a further period of commitment, the PSRB will notify the parties without unreasonable delay.

(B) A person who is not certified for another period of commitment will nonetheless complete their current period of commitment.

(e) Following the outcome of an administrative or full hearing on the issue of certification, the Board will write a final certification order and the certification shall be served upon the person without unreasonable delay by the superintendent of the state hospital or the director of the state or local mental health facility providing treatment to the person.

(A) The person serving the certification shall read and deliver the certification to the person and ask whether the person protests a further period of commitment.

(B) Within 14 days, the person may protest a further period of commitment and request a hearing either orally or by signing the Board's protest form to be given to the superintendent or director who served the certification. The person has the right to consult with legal counsel when deciding whether to protest the further commitment.

(C) The superintendent or director who served the certification and protest form shall immediately submit the signed protest form to the Board.

(f) If the person protests a further period of commitment:

(A) Upon receiving the signed protest form that the person protests a further period of commitment, the Board shall send the certification and signed protest form to the court in the original commitment county.

(B) Upon receiving the certification and signed protest form indicating the person protests a further period of commitment, the court in the original commitment county shall follow the provisions set forth in ORS 426.702(5) through ORS 426.702(6).

(g) If the person does not protest a further period of commitment:

(A) Upon receiving the certification and signed protest form indicating the person does not protest a further period of commitment, the Board shall send the certification and signed protest form to the court in the original commitment county.

Or. Admin. Code § 859-200-0070

PSRB 1-2014, f. & cert. ef. 3-5-14; PSRB 7-2016, f. & cert. ef. 3/17/2016; PSRB 1-2022, amend filed 01/13/2022, effective 1/13/2022

Statutory/Other Authority: ORS 161.387 & ORS 426.701

Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702