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Oregon Bulletin

February 1, 2012

 

Psychiatric Security Review Board
Chapter 859

Rule Caption: Transfer of Tier II Offenders Under the Psychiatric Security Review Board to Oregon Health Authority.

Adm. Order No.: PSRB 4-2011(Temp)

Filed with Sec. of State: 12-22-2011

Certified to be Effective: 12-22-11 thru 4-19-12

Notice Publication Date:

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 SB 420.

Rules Coordinator: Mary Claire Buckley—(503) 229-5596

859-200-0001

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 Bill 420.

(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 hearing.

(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.

Stat. Auth.: ORS 161.387; OL 2011, ch 708, §33(2) (SB 420)

Stats. Implemented: ORS 161.295-161.400; OL 2011, ch 708, §33, 41 (SB 420)

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.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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