Or. Admin. Code § 859-400-0160

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

Section 859-400-0160 - Independent Examination of Petitioner

(1) The PSRB may require that the petitioner undergo an independent psychosexual assessment in addition to any submitted by petitioner. The assessment shall include, at a minimum, an opinion and a basis for that opinion, of the petitioner's risk of recidivism, and shall discuss any efforts on the petitioner's part to engage in rehabilitative treatment. The petitioner shall bear the costs of any independent evaluation and assessment. Failure of petitioner to undergo an assessment ordered by the PSRB will result in denial of the petition for relief.

(2) An attorney representing the state or county may request that the Board require the petitioner to submit to a forensic mental health assessment by a psychiatrist or psychologist. If granted, the party requesting the assessment shall bear its costs.

(a) The attorney for the state or county shall file a written notice of intent to request an assessment within 10 days from receipt of the petition for relief. The notice shall be served on the Board and the petitioner.

(b) The examination shall include an opinion, and a basis for that opinion, as to whether the petitioner is statistically unlikely to reoffend, and whether the petitioner poses a threat to the safety of the public were the Panel to grant relief.

Or. Admin. Code § 859-400-0160

PSRB 3-2018, adopt filed 11/28/2018, effective 12/1/2018

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125

Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125