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PSYCHIATRIC SECURITY REVIEW BOARD 

 

DIVISION 50

ADULT PSYCHIATRIC SECURITY REVIEW BOARD
HEARING PROCEDURES

859-050-0005

Notice

Written notice shall be given to the following persons or agencies within a reasonable time:

(1) Attorney representing the person.

(2) District attorney.

(3) Community supervisor or case monitor.

(4) Court or department of the county from which the person was committed.

(5) The victim, if the court or Board finds the victim requests notification.

(6) Any other interested person requesting notification.

(7) Forensic unit of Oregon State Hospital.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.332 & ORS 161.346
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

 

859-050-0010

Information Contained in Notice

Written notice shall contain the following:

(1) Time, place and location of the hearing.

(2) The issues to be considered, reference to statutes and rules involved, authority and jurisdiction.

(3) Statement of rights of the patient at the hearing, including the following:

(a) Right to appear at all proceedings, except Board deliberations;

(b) Right to cross-examine all witnesses appearing to testify at the hearing;

(c) Right to subpoena witness and documents as provided in ORS 161.395;

(d) Right to legal counsel and, if indigent as defined by the indigency standard set forth by the State Court Administrator's office, to have counsel provided without cost;

(e) Right to examine all information, documents and reports under consideration.

Stat. Auth.: ORS 161.387
Stats. Implemented: ORS 161.346
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1988, f. & cert. ef. 4-1-88; PSRB 1-1995, f. & cert. ef. 1-11-95

859-050-0015

Time of Hearings

Hearings shall be held within the following times:

(1) Initial hearing under ORS 161.341(7)(a). After a person has been placed under the Board's jurisdiction and committed to a state hospital designated by the Mental Health and Developmental Disability Services Division -- 90 days.

(2) Revocation hearing, ORS 161.336(5). After return to the state hospital as a result of an Order of Revocation for violation of the conditional release -- 20 days.

(3) Patient request for conditional release or discharge, ORS 161.341(4)(5)(6). A patient is eligible to request a hearing six months after last hearing. Hearing to be held within 60 days after filing request.

(4) Hospital request, ORS 161.341(2), or outpatient supervisor request, ORS 161.336(7)(b), for conditional release, modification of conditional release or discharge. Request may be made at any time. The hearing is to be held within 60 days of receipt of request.

(5) Outpatient request for modification of conditional release or discharge, ORS 161.336(7)(a). Patients on conditional release are eligible to request a hearing six months after last hearing -- priority will be given to the requests of patients in the hospital.

(6) Two-year hearing, ORS 161.341(7)(b). A hearing is mandatory for persons committed to a state hospital when no other hearing has been held within two years.

(7) Five-year hearing, ORS 161.351(3).Any person who is under the jurisdiction of the Board and who has spent five years on conditional release shall be brought before the Board for a hearing within 30 days of the expiration of the five year period.

Stat. Auth.: ORS 161.387
Stats. Implemented: ORS 161.336, ORS 161.341 & ORS 161.351
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 2-1988, f. & cert. ef. 11-16-88; PSRB 1-1989, f. & cert. ef. 10-20-89; PSRB 1-1995, f. & cert. ef. 1-11-95

859-050-0020

Chairperson Conducting Hearing

During hearings of the Board, the chairperson or acting chairperson shall preside. The chairperson shall designate the order of presentation and questioning. The chairperson shall also determine the scope of questioning and may set time limits and cut off irrelevant questions and irrelevant or unresponsive answers.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.385
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

859-050-0025

Patient's Right to Review Record; Exceptions

Patients shall receive written notice of the hearing and directly, or through their attorney, a statement of their rights in accordance with ORS 161.346. All exhibits to be considered by the Board shall be disclosed to the patient's attorney or the patient, if proceeding pro se, as soon as they are available:

(1) Exhibits not available prior to the hearing shall be made available to the patient's attorney or the patient, if not represented, at the hearing.

(2) All material relevant and pertinent to the patient and issues before the Board shall be made a part of the record.

(3) Any material not made part of the record shall be separated and a statement to that effect shall be placed in the record.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.346
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

859-050-0030

Evidence Considered; Admissibility

The Board shall consider all evidence available to it which is material, relevant and reliable. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible, including, but not limited to, the following:

(1) The record of trial.

(2) Information supplied by the state's attorney or any interested party, including the person.

(3) Information concerning the person's mental condition.

(4) The entire psychiatric and criminal history of the person, including motor vehicle records.

(5) Psychiatric or psychological reports ordered by the Board under ORS 161.346(2).

(6) Psychiatric and psychological reports under ORS 161.341(3), written by a person chosen by the state or the patient to examine the patient.

(7) Testimony of witnesses.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.336, ORS 161.341 & ORS 161.346
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

859-050-0035

Motion Practice

Any party bringing a motion before the Board shall submit five copies of the motion and memorandum of law to the Board and the opposing party one week prior to the hearing date in which the motion will be heard.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.346
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

859-050-0040

Objections to Evidence

The chairperson or acting chairperson shall rule on questions of evidence. Hearsay evidence shall not be excluded unless the chairperson or acting chairperson determines the evidence is not material, relevant or reliable.

(1) In determining whether the evidence is material, relevant or reliable, the Board shall consider the following:

(a) The age and source of the documents;

(b) The ability of the witness to have observed and had personal knowledge of the incidents;

(c) The credibility of the witness and whether the witness has bias or interest in the matter.

(2) The person, the person's attorney or attorney representing the state may object to any evidence. The Board may decide the following:

(a) To sustain the objection and deny the admission and consideration of the evidence on the grounds that it is not material, relevant or reliable;

(b) To overrule the objection and admit the evidence and in considering the weight given to that evidence, consider the reason for the objection; or

(c) To grant a continuance for a period of time not to exceed 60 days to allow a witness to appear or be subpoenaed to testify about the evidence under consideration.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.346 & ORS 161.385
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

859-050-0045

Witnesses and Documents; Subpoena

Witnesses or documents may be subpoenaed as provided in ORS 161.395 upon request of any party to the hearing or on the Board's own motion, upon a proper showing of the general relevance and reasonable scope of the documentary of physical evidence sought:

(1) Witnesses with a subpoena other than parties or state officers or employees shall receive fees and mileage, as prescribed by law.

(2) The Legislature has provided that a judge of the Circuit Court of the county in which the hearing is held shall compel obedience by proceeding for contempt for failure of any person to comply with the subpoena issued.

Stat. Auth.: ORS 161.387
Stats. Implemented: ORS 161.346 & ORS 161.395
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95

859-050-0050

Testimony Given on Oath

The Board shall take testimony of a witness upon oath or affirmation of the witness administered by the chairperson or acting chairperson at the hearing.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.346 & ORS 161.385
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

859-050-0055

Standards and Burdens of Proof

The standard of proof on all issues at hearings of the Board shall be the preponderance of the evidence. The burden of proof shall depend on the type of hearing:

(1) Initial 90-day hearing under ORS 161.341(7)(a): The state has the burden to show the person continues to be affected by a mental disease or defect and continues to be a substantial danger to others.

(2) Revocation hearing under ORS 161.336(5): The state has the burden to show that the revocation of conditional release was appropriate and that jurisdiction of the Board should continue.

(3) Conditionally released person's request for modification of a conditional release or discharge under ORS 161.336(7)(a): The person has the burden of proving his or her fitness for modification of a conditional release or discharge.

(4) Hospital patient's request for conditional release or discharge under ORS 161.341(4): The person has the burden of proving his or her fitness for conditional release or discharge unless it has been more than 2 years since the State had the burden of proof in which case the burden is on the State.

(5) Request for conditional release or discharge of the patient by the Mental Health and Developmental Disability Services Division under ORS 161.341(2) or by outpatient supervisor under ORS 161.336(7)(b): The state must prove the person is not appropriate for conditional release or discharge.

(6) At a status review hearing under ORS 161.336(2): The state has the burden of proving that the current conditional release, modification of conditional release, or a proposed plan is appropriate.

(7) In all other cases (two-, five-, ten-year hearings): The state bears the burden of proof.

(8) If at any hearing the hospital staff agrees with the patient on the issue of mental disease or defect, dangerousness or fitness for conditional release but no advance notice is given to the Board that the hospital requests discharge or conditional release, the burden of proof remains with the patient. The testimony of hospital staff will be considered as evidence to assist the Board in deciding whether the patient has met his/her burden.

Stat. Auth.: ORS 161.387
Stats. Implemented: ORS 161.336, ORS 161.341 & ORS 161.346
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95

859-050-0060

Burden of Going Forward

The party that has the burden of proof shall also have the burden of going forward with the evidence (call and examine witnesses, propose conditions of release, etc.).

Stat. Auth.: ORS 161.387
Stats. Implemented: ORS 161.346
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95

859-050-0065

Continuance of Hearing

Upon the request of any party or on its own motion, the Board may, for good cause, continue a hearing for a reasonable period of time not to exceed 60 days to obtain additional information or testimony.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.346
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

 

859-050-0070

Cancellation of Hearing

Unless a patient asks for cancellation of a hearing for good cause, in writing, and with four weeks' advance notice, the patient shall not be eligible to request a hearing for six months from the date of the scheduled hearing.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.346
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

 

859-050-0075

Use of Restraints

(1) The Board prefers to have patients appear at hearings without physical restraints. If, in the judgement of the patient's physician, the patient might need restraining, the Board prefers to have staff attending the hearing with the patient rather than use of physical restraints. However, the final decision on use of restraints lies with the physician.

(2) Any attorney objecting to the patient appearing with restraints at the hearing may raise the issue and ask for testimony from the physician.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.346
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

 

859-050-0080

Decisions of the Board

Within 15 days following the conclusion of a hearing, the Board shall provide the person, the attorney representing the person, the district attorney representing the state, the committing court and, where applicable, the Mental Health and Developmental Disability Services Division and local mental health agency or supervisor written notice of the Board's decision:

(1) The order of the PSRB shall be signed by a member present at the hearing.

(2) The board may issue its decision orally on the record at the hearing.

(3) The formal order of the Board shall contain the findings of facts, conclusions of law, reasons for the decision and notice of the right to appeal under ORS 161.385(8).

(4) An order of revocation shall be signed by the chairperson or, if not available, by an acting chairperson or the Executive Director.

Stat. Auth.: ORS 161.387
Stats. Implemented: ORS 161.346
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95

 

859-050-0085

Notification of Right to Appeal

At the conclusion of a Board hearing, the chair or acting chair shall provide the person and attorney with written notification advising of the right to appeal on an adverse decision within 60 days from the date an order is signed and the right to an attorney is indigent.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.385
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

859-050-0090

Patient Appearing Pro Se

When a patient waives the right to be represented by an attorney, the Board shall take written or oral testimony and decide whether the patient is capable of understanding the proceedings.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.346
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

 

859-050-0095

Examination of Patient

The Board may appoint a psychiatrist or licensed psychologist to examine the person and submit a report to the Board, including an opinion as to the mental condition of the person, whether the person presents a substantial danger to others and whether the person could be adequately controlled on conditional release with treatment and supervision:

(1) The Board may order the person placed in temporary custody of any state hospital or suitable facility for purposes of examination.

(2) The attorney representing the state may choose, at the state's expense, a psychiatrist or licensed psychologist to examine the person. The report shall include a written opinion as to the mental condition of the person, whether the person presents a substantial danger to others and whether the person could be adequately controlled on conditional release with treatment and supervision.

(3) The attorney for the state shall file a written notice of intent to conduct an examination.

(4) The attorney for the patient may file a written request for the Board to appoint a psychiatrist or licensed psychologist to examine the patient. The Board shall approve or deny the request, taking into consideration the budget of the Board available for such examinations and the reasons for the request.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.346
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

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