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PSYCHIATRIC SECURITY REVIEW BOARD 

 

DIVISION 550

JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD
GENERAL PROCEDURES

859-550-0005

Notice

Written notice of a hearing shall be given to the persons or agencies listed in ORS 419C.532(12)(a) no less than 10 days prior to the hearing date.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.346(4), 419C.532(12)
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-550-0010

Information Contained in Notice

Written notice shall contain the information required in ORS 419C.532(12)(b):

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

(2) The issues to be considered, reference to statutes and rules involved, and the authority and jurisdiction under which the hearing is to be held.

(3) Statement of rights of the youth 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 witnesses and documents as provided in ORS 161.395;

(d) Right to legal counsel and, if indigent as defined by the indigence standard set forth by the State Office of Public Defense Services, to have counsel provided without cost; and

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

Stat. Auth.: ORS 161.387, OL 2007, 889 § 6 (SB 328)
Stats. Implemented: ORS 161.346(4), 419C.532(12)
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-550-0015

Timing of Hearings

The Board shall hold hearings for all youth under its jurisdiction within the timeframes set forth in its statutes in ORS chapter 419C.

Stat. Auth.: ORS 161.387, OL 2007 889 § 6 (SB 328)
Stats. Implemented: ORS 419C.532, 419C.538, 419C.540 - ORS 419C.544
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-550-0020

Chairperson Conducting Hearing

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

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.385(1)-(7)
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-550-0025

Youth's Right to Review Record; Exceptions

Youths shall receive written notice of the hearing directly, or through their attorneys, with a statement of their rights in accordance with ORS 419C.532(12). All exhibits to be considered by the Board shall be disclosed to the youth's attorney as soon as they are available:

(1) Exhibits not available prior to the hearing shall be made available to the youth's attorney at the hearing.

(2) All material relevant and pertinent to the youth 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 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.346, 419C.532
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-550-0030

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 youth;

(3) Information concerning the youth's mental condition;

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

(5) Psychiatric or psychological reports ordered by the Board under ORS 419C.532, 419C.538 and 419C.540;

(6) Psychiatric and psychological reports under ORS 419C.529, 419C.532, 419C.538 and 419C.540, written by a person chosen by the state or the youth to examine the youth; and

(7) Testimony of witnesses.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.336, 161.341, 161.346; ORS 419C.529; ORS 419C.532; ORS 419C.538, 419C.540
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-550-0035

Motion Practice

Any party bringing a motion before the Board shall submit five copies of the motion and supporting memorandum of law to the Board and one to the opposing party no later than 10 days prior to the hearing date in which the motion will be heard.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.346, 419C.532
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-550-0040

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 documents;

(b) The ability of a witness to have observed and have personal knowledge of an incident;

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

(2) The youth, the youth's attorney or attorney representing the state may object to any evidence. The Board shall then decide to do one of the following:

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

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

(c) 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 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.346, 161.395, 419C.532
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-550-0045

Witnesses and Documents; Subpoena

Witnesses or documents may be subpoenaed as provided in ORS 161.395.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.346, 161.395, 419C.532
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-550-0050

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 161.385, 161.387; OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.346, 161.385, 419C.532
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-550-0055

Standards and Burdens of Proof

(1) The standard of proof on all facts and issues at hearings of the Board shall be by the preponderance of the evidence.

(2) The burden of proof shall depend on the type of hearing. State has the burden at all hearings except at a youth-requested hearing or conditionally released youth requested hearings unless it has been more than two years since the State has had the burden of proof.

(3) If at any hearing the secure facility staff agrees with the youth 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 facility requests discharge or conditional release, the burden of proof remains with the youth. The testimony of facility staff will be considered as evidence to assist the Board in deciding whether the youth has met his/her burden.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)

Stats. Implemented: ORS 161.336, 161.341, 161.346, 419C.532, 419C.538, 419C.540, 419C.542

Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-550-0060

Burden of Going Forward

The party that has the burden of proof shall also have the burden of going forward with the evidence by calling and examining witnesses, proposing conditions of release or bringing other matters before the Board.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.346, 419C.532, 419C.538, 419C.540, 419C.542
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-550-0070

Cancellation of Hearing

(1) A youth may request to cancel a youth-requested hearing. However, unless a youth makes such a request in writing and with at least 3 weeks' advance notice, the youth shall not be eligible to request another hearing for six months from the date of the originally scheduled hearing.

(2) The Board shall not allow cancellation of any other type of hearing required by law.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.346, 419C.532, 419C.538
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-550-0075

Use of Restraints

(1) It is the Board’s preference to have a youth appear at hearing without physical restraints. If, in the judgment of the youth's physician, the youth might need restraint, the Board would request that additional secure facility staff attend the hearing with the youth rather than use mechanical restraints. However, the final decision on use of restraints shall lie with the physician.

(2) Any attorney objecting to the youth appearing in restraints at the hearing may raise the issue and ask the Board to take testimony from the physician to justify the use of restraints.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.346, 419C.532
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-550-0080

Decisions of the Board

(1) The Board may issue its decision orally on the record at the hearing.

(2) Within 15 days following the conclusion of a hearing, the Board shall provide the youth, the attorney representing the youth, the youth’s parents or guardians, if known, the person having legal custody of the youth, the district attorney of the county in which the youth was adjudicated, the attorney representing the state, the committing court and all others required by statute, written notice of the Board's decision:

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

(b) 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).

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.346, 161.385, 419C.532
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-550-0085

Notification of Right to Appeal

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

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 ¦ 6 (SB 328)
Stats. Implemented: ORS 161.385
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-550-0090

Youth Appearing Pro Se

The Board shall not allow a youth to represent himself or herself.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.346, 419C.532
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-550-0095

Examination of Youth

(1) The Board may, on its own motion, appoint a psychiatrist or psychologist to conduct a forensic mental health assessment and to submit a report to the Board, including an opinion as to the mental condition of the youth, whether the youth presents a substantial danger to others and whether the youth could be adequately controlled on conditional release with treatment and supervision. The Board may order the youth placed in temporary custody of any state secure facility or suitable facility for purposes of this examination.

(2) The attorney representing the state may choose, at the state's expense, a psychiatrist or psychologist to conduct a forensic mental health assessment. If that report is offered into evidence, the report shall include a written opinion as to the mental condition of the youth, whether the youth presents a substantial danger to others and whether the youth could be adequately controlled on conditional release with treatment and supervision. The attorney for the state shall file a written notice of intent to conduct such an examination.

(3) The attorney for the youth may file a written request for the Board to appoint a psychiatrist or psychologist to conduct a forensic mental health assessment. 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 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.346, 419C.532, 419C.538, 419C.540
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

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