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Oregon Bulletin

June 1, 2012

Psychiatric Security Review Board, Chapter 859

Rule Caption: PSRB Conditional Release Plan Review of Tier Two Offenders.

Adm. Order No.: PSRB 2-2012

Filed with Sec. of State: 4-16-2012

Certified to be Effective: 4-16-12

Notice Publication Date: 3-1-2012

Rules Adopted: 859-070-0040

Rules Amended: 859-030-0005, 859-030-0010

Rules Repealed: 859-030-0005(T), 859-030-0010(T), 859-070-0040(T)

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 directed that tier-two offenders who are committed to the state hospital be placed under the jurisdiction of the Oregon Health Authority (OHA), effective January 1, 2012. After OHA orders tier-two offenders to be placed on conditional release, their jurisdiction transfers to the PSRB pursuant to Section 1 of the Act. Section 5 of the Act directs OHA to notify PSRB prior to conducting a conditional release hearing. The Act also permits PSRB to provide OHA with conditions of release that PSRB determines are advisable.

 PSRB’s current rules for not describe a permanent process for PSRB to provide conditions for release to OHA as described in Section 5 of the Act. The adoption 859-070-0040 creates this process. The amendments to 859-030-0005 and 0010 are necessary in order to update the Board’s existing administrative rules to reflect its new responsibilities as noted above as well as housekeeping changes to reflect the Oregon Health authority’s new name.

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

859-030-0005

Responsibilities, Function and Purpose of PSRB

The Board shall monitor the mental and physical health and treatment of any person placed under its jurisdiction as a result of a finding by a court of guilty except for insanity or any subsequent transfer of jurisdiction of an individual from the Oregon Health Authority. The Board shall have as its primary concern the protection of society. In addition, the Board’s responsibilities shall include but not be limited to:

(1) Holding hearings as required by law to determine the appropriate status of persons under its jurisdiction;

(2) Providing the State Hospital Review Panel with conditions of release the Board finds advisable to be included in the Panel’s order of conditional release of a Tier Two Offender;

(3) Overseeing the supervision of persons placed on conditional release in the community;

(4) Modifying or terminating conditional release plans;

(5) Maintaining and keeping current medical, social and criminal histories of all persons under the Board’s jurisdiction;

(6) Observing the confidentiality of records as required by law.

Stat. Auth.: ORS 161.387, Or Law 2011, ch 708, § 33(2) (SB 420)
Stats. Implemented: ORS 161.315 - ORS 161.351, Or Law 2011, ch 708, §§ 5, 33, 41 (SB 420)
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95; PSRB 1-2012(Temp), f. & cert. ef. 2-3-12 thru 7-31-12; PSRB 2-2012, f. & cert. ef. 4-16-12

859-030-0010

Jurisdiction of Persons Under the PSRB

The Board shall take jurisdiction over persons adjudged by the court to be guilty except for insanity and presenting a substantial danger to others:

(1) The court must find that the person would have been guilty of a felony, or if adjudged guilty except for insanity prior to January 1, 2012 of a misdemeanor during a criminal episode in the course of which the person caused physical injury or risk of physical injury to another.

(2) The period of jurisdiction of the Board shall be equal to the maximum sentence the court finds the person could have received had the person been found guilty. The Board does not consider time spent on unauthorized leave from the custody of the Oregon Health Authority as part of the jurisdictional time.

(3) The Board has jurisdiction over all persons who used the insanity defense successfully and were placed on conditional release or committed to a state mental hospital by the court prior to January 1, 1978. The period of jurisdiction in these cases shall be equal to the maximum sentence the person could have received if found guilty and shall be measured from the date of judgment.

(4) The Board shall maintain jurisdiction over persons who are legally placed under its jurisdiction by any court of the State of Oregon or transferred from the jurisdiction of the Oregon Health Authority.

(5) The Board shall not retain jurisdiction over persons if the court order places the person under the Board only because of a judgment of guilty except for insanity for a probation violation. The person must be placed under the Board’s jurisdiction for the initial offense.

(6) The Board shall not accept jurisdiction of juveniles found guilty except for insanity unless remanded to adult court.

(7) Upon receipt of verified information of time spent in custody, persons placed under the Board’s jurisdiction shall receive credit for:

(a) Time spent in any correctional facility for the offense for which the person was placed under the Board’s jurisdiction; and

(b) Time spent in custody of the Oregon Health Authority at a state mental hospital for determination of the defendant’s fitness to proceed or for treatment until fit to proceed under a detainer for the criminal charges for which the person ultimately was found guilty except for insanity as well as a result of being committed by a court after being found guilty except for insanity of a charge.

Stat. Auth.: ORS 161.387, Or Law 2011, ch 708, §33(2) (SB 420)
Stats. Implemented: ORS 161.315 - ORS 161.351, Or Law 2011, ch 708, §§5, 33, 41 (SB 420)
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 2-1987, f. 9-30-87, ef. 10-1-87; PSRB 1-1995, f. & cert. ef. 1-11-95; PSRB 1-2012(Temp), f. & cert. ef. 2-3-12 thru 7-31-12; PSRB 2-2012, f. & cert. ef. 4-16-12

859-070-0040

PSRB Conditional Release Plan Review of Tier Two Offenders

(1) As used in this section, “Condition” is defined as an event or circumstance that should occur or action that the individual should take for the individual to be eligible for release from the Oregon State Hospital. Conditions may include, but are not limited to, the elements of conditional release listed in 859-070-0015(1) through (6), such as an individual’s compliance with supervision, mental health treatment, or a particular level of residential placement.

(2) Upon receipt of notice from the State Hospital Review Panel (SHRP) that it intends to conduct a hearing under ORS 161.315 to 161.351 and the documents listed in (3)(a) through (e) of this rule, the Board shall conduct an administrative review of the conditions proposed in the summary of conditional release plan. After that review, the Board may provide SHRP with conditions of release to be included in SHRP’s order of conditional release.

(3) The Board shall conduct the administrative review of the Tier Two offender’s conditional release plan within 21 days of receiving all of the following documents from SHRP:

(a) SHRP’s order for evaluation of possible conditional release of a Tier Two offender;

(b) The Tier Two offender’s current updated SHRP exhibit file;

(c) The evaluation by the proposed community provider;

(d) A summary of conditional release plan form which outlines the proposed conditions; and

(e) A Progress Note Update authored by the treating psychiatrist dated within 30 days of the signed summary of the conditional release plan form.

(4) Notwithstanding the 21-day timeframe defined in section (3) of this rule, the Board may postpone the administrative review of the offender’s conditional release plan for good cause, including, but not limited to, delays in placement availability and need for updated information.

(5) The administrative review conducted by the Board under this rule is not a hearing.

(6) The sole issue in the Board’s administrative review is whether the Board would eliminate, add to, or modify the proposed conditions for the Tier Two offender.

(7) The PSRB shall provide to SHRP a report of its review of the proposed conditions for the Tier Two offender including any conditions that the Board determines are advisable within two working days of the conclusion of that review. Conditions are “advisable” if those are the conditions that the Board would impose if SHRP orders the conditional release of the Tier Two offender and transfer of jurisdiction to the Board.

Stat. Auth.: ORS 161.387, Or Law 2011, ch 708,§33(2) (SB 420)
Stats. Implemented: ORS 161.315 - ORS 161.351, Or Law 2011, ch 708, §§5, 33, 41 (SB 420)
Hist.: PSRB 1-2012(Temp), f. & cert. ef. 2-3-12 thru 7-31-12; PSRB 2-2012, f. & cert. ef. 4-16-12

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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