Or. Admin. Code § 859-070-0010

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

Section 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 testimony and exhibits at the hearing regarding the patient's behavior in the hospital including the patient's progress, insight and responsibility taken for the patient's own behavior:

(1) If the Board finds the person may be controlled in the community and a verified conditional release plan is approved by the Board, the Board may order the person placed on conditional release. If a person has a DOC detainer, the Board may order conditional release to that agency if the Board finds that the patient no longer needs a hospital level of care and that the patient could be adequately controlled and treated and the supervision and treatment necessary are available in that DOC setting.

(2) If the Board finds the person could be controlled in the community or DOC but no conditional release plan has been approved by the Board, the Board may order the person committed but find the person appropriate for conditional release pending submission of a conditional release plan signed by either a mental health community provider or DOC. The Board may specify what conditions the plan should include and may approve the conditional release plan submitted by the staff of the hospital, by the patient or someone on the patient's behalf at an administrative hearing.

(3) If a verified conditional release plan has not been approved and the conditions need further examination and approval of the Board, the Board may commit the patient, find the patient appropriate for conditional release or continue the hearing.

Or. Admin. Code § 859-070-0010

PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95; PSRB 1-2013(Temp), f. 2-22-13, cert. ef. 3-1-13 thru 8-26-13; PSRB 2-2013, f. & cert. ef. 6-20-13

Stat. Auth.: ORS 161.387

Stats. Implemented: ORS 161.336 & 161.646