Rule Caption: Transfer of Tier II Offenders Under the Psychiatric
Security Review Board to Oregon Health Authority.
Order No.: PSRB 4-2011(Temp)
Filed with Sec. of
Certified to be
Effective: 12-22-11 thru 4-19-12
Rules Adopted: 859-200-0001
Subject: Section 11a of SB 420 (Act) classifies individuals who
have been found guilty except for insanity into tier-one offenders (i.e.
Measure 11 offenders) and tier-two offenders (i.e. non-Measure 11 offenders).
The Act transfers tier-two offender, who are committed to the state hospital,
from the jurisdiction of the Psychiatric Security Review Board (PSRB) to the
jurisdiction of the Oregon Health Authority (OHA) by operation of law on
January 1, 2012. Section 33(2) grants the PSRB and OHA the authority to adopt
rules or take any other action before the operative date of the Act that are
necessary for the agencies to be able to exercise all of their duties,
functions and powers under the Act of January 1, 2012.
Pursuant to Section
33(2) of the Act, the PSRB must adopt OAR 859-200-0001 on a temporary basis in
order to ensure that existing tier-two offenders are identified prior to the
operative date of the Act, and those offenders are timely notified of the
transfer of jurisdiction over their case to OHA. More, over, the immediate
adoption of this rule will ensure that the PSRB and OHA appropriately exercise
jurisdiction over existing offenders as outlined in the Act on January 1, 2012.
The temporary rules sets forth the process in which the PSRB will identify and
notify existing tier-two offenders of the transfer of jurisdiction required by
Rules Coordinator: Mary Claire Buckley—(503) 229-5596
Existing Tier Two Offenders &
Transfer of Jurisdiction
(1) Notwithstanding any other rule adopted by the Board
as required by chapter 708, Oregon Laws 2011 (Senate Bill 420), jurisdiction of
an Existing Tier Two Offender, as defined in subsection (2) of this rule, is
transferred from the Board to the Oregon Health Authority (Authority) by
operation of law on January 1, 2012.
(2) An “Existing Tier Two Offender” is a patient:
(a) Committed to the jurisdiction of the Board prior to
January 1, 2012;
(b) Committed to a state hospital under ORS Chapter 161
prior to January 1, 2012; and
(c) Found guilty except for insanity only of offenses
not considered to be tier one offenses, as defined in section 11a(3) of Senate
(3) If after reviewing its files related to this
subject matter the Board determines that a patient meets the criteria of an
Existing Tier Two Offender, then it will issue a Proposed and Final Order of
Tier Two Classification and Transfer of Jurisdiction to the Oregon Health Authority.
(a) The Board must receive a request for hearing from
the patient on or before the date indicated in the Proposed and Final Order in
order to contest his or her tier two classification and transfer of
jurisdiction to the Authority.
(b) If the Board does not receive a request for hearing
from the patient by the deadline, then the Proposed Order will become a Final
Order by Default.
(4) A patient, who is committed to the jurisdiction of
the Board prior to January 1, 2012 and who does not receive a Proposed and
Final Order, may request that the Board make a tier two determination and issue
a Proposed and Final Order as described in subsection (3). The patient would
have the right to request a hearing as described in subsection (3).
(5) The only issue to be determined by the Board at a
hearing under this rule is whether the patient meets the definition of an
Existing Tier Two Offender as defined in subsection (2), and therefore
jurisdiction should be transferred to the Authority.
(6) If a hearing is held under subsection (3) or (4) of
this rule, the patient is not entitled to request a subsequent hearing unless
the request relates to a new crime that was not determined at a previous
(7) If the patient withdraws his or her request for
hearing or refuses to attend the hearing, then the Proposed Order will become a
Final Order by Default. The relevant portions of the Board’s files become the
record for purposes of proving a prima facie case upon default. If the Board
determines that the party’s failure to appear at the hearing was due to
circumstances beyond the reasonable control of the patient, the agency will
reschedule the hearing.
Hist.: PSRB 4-2011(Temp), f. &
cert. ef. 12-22-11 thru 4-19-12
Notes 1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.